It might get cut back in a state or two? That's not the case:
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State Abortion Laws: A Survey
GENERAL ABORTION BANS
Sixteen states and the District of Columbia have never repealed restrictive laws ruled unconstitutional by Roe v. Wade (AL,
AZ, AR, CA, CO, DE, DC, MA, MI, MS, NH, NM, OK, TX, VT, WV, WI). Two states (LA, UT) and the Territory of
Guam enacted "test" laws prohibiting most abortions after the Supreme Court's 1989 decision in Webster v. Reproductive
Health Services. In 1992, the Court's ruling in Planned Parenthood v. Casey, held that a general abortion ban would fail
Constitutional muster under the new "undue burden" test. In 1992 and 1993, respectively, the Court declined to review the
cases striking down the laws of Guam and Louisiana. Utah did not appeal a lower court's decision finding its 1991 abortion ban
unconstitutional.
POST-VIABILITY ABORTION BANS
Forty states and the District of Columbia have laws banning most post-viability abortions (AL, AZ, AR, CA, CT, DE, FL, GA,
ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MO, MT, NE, NV, NH, NY, NC, ND, OH, OK, PA, RI, SC, SD,
TN, TX, UT, VA, WA, WI, WY).
PARTIAL-BIRTH ABORTION BANS
At least 18 states (AB, AL, AZ, AK, GA, IN, LA, MS, MT, MI, NE, NJ, OH, RI, TN, SC, SD) have passed laws
prohibiting partial-birth or "dilation and extraction" ("D&X") abortion procedures, but in Ohio, Michigan, Nebraska and
Arizona, injunctions have enjoined its enforcement. The Ohio injunction has been affirmed by the 6th Circuit. Women’s
Medical Professional Corp. v. Voinovich, Nos. 96-3157, 96-3159, 1997 WL 713520 (6 C.A. Nov. 18, 1997.) Utah has
banned the procedure (along with saline abortions) after viability.
LEGISLATIVE DECLARATIONS
Three states have laws declaring that if Roe v. Wade is overturned, abortion is to be prohibited (IL, KY, LA). Moreover, five
states have laws declaring their intent to ban abortion to the fullest extent permitted by the Constitution (AR, MO, NE, ND,
PA), and three other states have declarations stating their policy to protect the unborn as persons under state law (LA, UT).
Three states have resolutions in opposition to the Freedom of Choice Act, a proposed federal law that would codify Roe v.
Wade (LA, ND, WV).
Four states have laws affirming a right to abortion before viability, and at any time thereafter if necessary to preserve her life or
health of the mother (CT, ME, MD, WA). Another state (NV) has a law that provides a right to abortion during the first 24
weeks of pregnancy.
NON-SURGICAL ABORTIONS
At least two states have laws restricting non-surgical or chemical abortion (RI, TN). A Rhode Island regulation prohibits
chemical abortions to licensed hospitals with an approved research protocol, while a Tennessee law provides that no nurse
practitioner or physician's assistant may prescribe or distribute drugs or medication intended to cause abortion.
VIABILITY TESTING
Four states have laws requiring physicians to perform tests to determine viability in certain circumstances (AL, LA, MO, OH).
The Louisiana law has been ruled unconstitutional. A court has issued a preliminary injunction prohibiting the enforcement of the
Ohio law.
SPOUSAL CONSENT OR NOTICE
Ten states have unenforceable laws requiring spousal consent or notice (CO, FL, IL, KY, LA, ND, PA, RI, SC, UT). The
Supreme Court struck down Pennsylvania's mandatory husband notice law in Planned Parenthood v. Casey.
PARENTAL CONSENT OR NOTICE
Thirty-eight states have laws that prevent a minor from obtaining an abortion without parental consent or notice (AL, AK, AZ,
AR, CA, CO, DE, GA, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NM, NC, ND,
OH, PA, RI, SC, SD, TN, UT, WV, WI, WY). Nine more states have parental consent or notice laws on the books that are
not enforced (AK, AZ, CA, CO, IL, MT, NV, NM, SD). California's Supreme Court has found that state's law in violation of
the California Constitution. Twenty-eight laws are actually enforced (AL, AR, DE, GA, ID, IN, IA, KS, KY, LA, ME, MA,
MI, MN, MS, MO, NE, NC, ND, OH, PA, RI, SC, UT, WV, WI, WY). Two states provide for a physician waiver of the
notice requirement (MD, WV). One state (CT) requires counselors to discuss of the possibility of parental involvement. Maine
allows a minor to receive counseling in lieu of parental or judicial consent.
INFORMED CONSENT AND WAITING PERIODS
Eighteen states have mandatory waiting periods (DE, ID, IN, KS, KY, LA, MA, MI, MS, MT, NE, ND, OH, PA, SC, SD,
TN, UT, WI). Eleven of these states currently enforce their waiting period laws (ID, KS, LA, MS, NE, ND, OH, PA, SC,
SD, UT). Thirty states have an informed consent law for abortion (AL, AK, CA, CT, DE, FL, ID, IN, KS, KY, LA, ME,
MA, MI, MN, MS, MO, MT, NE, NV, ND, OH, PA, RI, SC, SD, TN, UT, VA, WI). Such laws were held unconstitutional
under Thornburg v. American Col. of Ob. & Gyn., but are generally upheld since the court reversed itself in Planned
Parenthood v. Casey.
LICENSED PHYSICIAN REQUIREMENT
In 43 states the law provides that only a physician may perform an abortion (AL, AK, AR, CA, CO, CT, DE, FL, GA, HI,
ID, IL, IN, IA, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NJ, NM, NY, NC, ND, OH, OK, PA, RI, SC, SD,
TN, TX, UT, VA, WA, WI, WY). Oklahoma has a law that provides that no woman may induce an abortion upon herself
except under the supervision of a licensed physician. The Minnesota law provides that only a physician or a
physician-in-training may perform an abortion. Kentucky law requires that first trimester abortions be performed by a physician
or by the woman herself with the advice of a physician, and that later abortions be performed only by a physician. A District of
Columbia law requires that all abortions be performed under the supervision of a licensed physician.
CLINIC ACCESS
Some twelve states and the District of Columbia have laws specifically prohibiting clinic blockades and harassment (CA, CO,
DC, KS, ME, MD, MA, MN, NV, NC, OR, WA, WI). Four states have passed resolutions condemning clinic violence (CA,
MI, NM, PA).
CONSCIENCE EXCEPTIONS
Forty-six states have laws that permit certain medical personnel, health facilities, to refuse to participate in abortion on the basis
of conscience or religious conviction (AK, AZ, AR, CA, CO, CT, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD,
MA, MI, MN, MO, MT, NE, NV, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VA, WA, WV,
WI, WY). In at least three of these states, the laws have been held unconstitutional as applied to public facilities (AK, MN,
NJ).
COUNSELING REGULATIONS
Five states have so called "gag rules" that prevent state funded personnel from counseling abortion or giving abortion referrals
(LA, MI, MO, ND, PA). A court has ruled the North Dakota law unconstitutional.
PUBLIC EMPLOYEES
A single state (MO) has a law prohibiting public employees from participating in abortions.
PUBLIC FACILITIES
Five states have laws prohibiting the use of public facilities for abortion (KY, LA, MO, ND, PA).
PUBLIC FUNDING
Three states prohibit the use of state funds for abortion except when the woman's life is endangered (AL, MS, SD). These
states refuse to comply with a federal law requiring states to provide Medicaid funding for abortion in cases of life
endangerment, rape or incest. Twenty-seven states fund abortion in cases of threat to life, rape or incest (AZ, AR, CO, DE,
FL, GA, IN, KS, KY, LA, ME, MI, MO, NE, NV, NH, NC, ND, OH, OK, PA, RI, SC, TN, TX, UT, WY). Four states
fund abortion in cases of a threat to the woman's life, rape, incest as well as certain other health reasons (IA, NM, VA, WI).
Sixteen states and the District of Columbia fund in most or all circumstances (AK, CA, CT, DC, HI, ID, IL, MD, MA, MN,
MT, NJ, NY, OR, VT, WA, WV).
INSURANCE REGULATIONS
Five states have laws that prohibit insurance coverage for abortion unless a special premium is paid (ID, KY, MO, ND, RI).
The Rhode Island law was ruled unconstitutional. Another state (PA) has a law that requires insurers to provide policy
alternatives excluding abortion. Seven states have laws that prohibit insurance coverage for abortion in certain circumstances
when public funds are used or public employees are insured (CO, IL, MA, NE, PA, RI, VA). The Rhode Island law has also
been held to be partially unconstitutional. At least two states exclude abortion coverage from state health care programs (IL,
MN). |
