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State Abortion Laws: A Survey Use back button to return to this
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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states and the District of Columbia have never repealed restrictive laws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). 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). STATE KEY
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