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State of abortion laws: A year after Roe v. Wade overturned

This is a state-by-state breakdown of current abortion legislation.
State of abortion laws: A year after Roe v. Wade overturned
Posted at 7:09 PM, Jun 23, 2023

June 24, 2023, marks the one-year anniversary of a momentous ruling by the U.S. Supreme Court that overturned Roe v. Wade, the historic 1973 verdict that established the fundamental right to access abortion.

Roe v. Wade safeguarded the right to terminate a pregnancy up until the point of fetal viability, typically considered to occur at approximately 23 or 24 weeks into gestation.

But as a result of the ruling last year, the responsibility for shaping abortion legislation now rests with state legislators and judicial bodies. This shift has left more than 25 million individuals of childbearing age residing in states where prevailing laws have made it increasingly challenging to obtain abortions.

So, 365 days post-Roe, we give you a breakdown of where the laws stand in each state.

Fourteen fully banned abortion

Alabama: All abortions following conception have been banned. There are no exceptions for rape or incest, but limited exceptions exist for cases in which the patient's life or health is at risk. Violating the ban is deemed a Class A felony, punishable by up to 99 years in prison, while attempting an abortion is a Class C felony, carrying a prison term of 1 to 10 years.<b></b>

Arkansas: Abortion is completely banned except when it is necessary to save the life of the patient. There are no exceptions for rape or incest, and doctors could be fined up to $100,000, face 10 years in prison, or both if they perform an abortion.<b></b>

Idaho: Abortion has been banned at all stages of pregnancy, with two exceptions. In circumstances where the patient's life is at risk, or in cases of rape or incest, an abortion may be performed, but only if a police report has been filed and provided to the doctor. Additionally, Idaho's governor signed a law that criminalizes assisting a minor in traveling out-of-state for an abortion without parental consent.

Kentucky: Abortion is banned, except in cases of life endangerment, with no exceptions for rape or incest. In November, voters rejected a proposed anti-abortion ballot measure that aimed to amend the state constitution, thereby excluding the right to terminate a pregnancy before viability.

Louisiana: The current law bans abortion, including abortion-inducing drugs, throughout all stages of pregnancy, without any exceptions for cases of rape or incest, except when it poses a threat to the life or health of the pregnant person.

SEE MORE: Abortion issue far from settled 1 year after Roe v. Wade overturned

Mississippi: The law prohibits abortion in all instances except when the person's life is at risk or when the fetus is the result of rape, and the assault has been reported to law enforcement.<b></b>

Missouri: Abortion is banned with limited exceptions for life endangerment or severe health complications; there are no exceptions for rape or incest.

North Dakota: Abortion is prohibited, except in cases of rape or incest within the first six weeks of pregnancy. Exceptions are permitted in this case to prevent the death or a serious health risk to the pregnant person.<b></b>

Oklahoma: Abortions are banned at the stage of fertilization, and the law allows private citizens to sue abortion providers who "knowingly" perform or induce an abortion. There are exceptions for medical emergencies or if the pregnancy was the result of rape or incest and was reported to law enforcement.<b></b>

South Dakota: Abortions are banned "post fertilization," except when the pregnant person's life is at risk. There are no exceptions for rape or incest, however.<b></b>

Tennessee: Abortions are banned in the state, except those necessary to save the person's life. There are no exceptions for rape or incest.  <b></b>

Texas: Performing an abortion is now a first-degree felony in the state. There are no no exceptions for rape or incest, and people can sue providers or anyone assisting patients seeking an abortion after about six weeks of pregnancy.<b></b>

West Virginia: The current law prohibits nearly all abortions except if it's needed to save a pregnant person's life or in certain cases that involve rape or incest.<b></b>

Wisconsin: The state goes by an 1849 law that bans all abortions except to save the life of the pregnant person. In 2022, the state's Democratic governor and attorney general filed a lawsuit in an effort to prevent the implementation of the ban.

Five banned abortion after 6 -20 Weeks of pregnancy

Arizona: Abortions are currently banned after 15 weeks of pregnancy, except in cases in which there is a life-threatening situation. On June 22, 2023, Gov. Katie Hobbs signed an executive order to protect anyone involved with a legally obtained abortion from prosecution.<b></b>

Georgia: Abortion is banned once cardiac activity can be detected, which is around the six-week mark of pregnancy. There are exceptions to this law in the cases of rape and incest, or if the pregnancy poses a serious health risk to the person.

Nebraska: The state bans abortion at 12 weeks of pregnancy, except in cases of rape or incest or if it presents a threat to the person's life.

Florida: The state currently bans abortion after 15 weeks of pregnancy, but this law is currently in limbo because, in April of this year, Gov. Ron DeSantis signed the Heartbeat Protection Act into law which bans most abortions in the state after six weeks. However, the ban will not be enforced until the state Supreme Court overturns its previous precedent on abortion.

North Carolina: Currently, there is a ban on abortions after 20 weeks of pregnancy. However, a new law is set to take effect on July 1, which will further restrict the procedure by prohibiting abortions after 12 weeks of pregnancy.

Six have halted abortion bans or restrictions

Indiana: Currently, the state has a ban on abortion after 22 weeks' gestation. However,  following the Dobbs case, a law was enacted to ban abortion at any stage of pregnancy, but the Indiana Supreme Court has temporarily suspended the implementation of this law. 

Montana: Currently, abortion is prohibited after viability; however, enforcement of a ban on abortions after 20 weeks and on the commonly used dilation and evacuation procedure after 15 weeks has been temporarily halted by a judge.

Ohio: An existing ban on abortions after 22 weeks is currently in effect. However, a judge has issued a temporary hold on a ban that restricts abortion after cardiac activity is detectable. The state Supreme Court is currently reviewing this decision.<b></b>

South Carolina: There is a ban on abortions after 20 weeks in place. However, lawmakers recently enacted a ban on abortions after approximately six weeks of pregnancy. Nevertheless, a state judge has temporarily halted the enforcement of this law.

Utah: Currently, there is a ban on abortions after 18 weeks of pregnancy. However, a state court issued a temporary hold on a law that aimed to ban most abortions at all stages of pregnancy. 

Wyoming: A ban on abortions after viability is in place. However, courts have temporarily halted the enforcement of two separate bans on abortion throughout all stages of pregnancy.

Six have unchanged abortion policies since Dobbs

The following states have retained their existing laws without making changes in response to the Supreme Court decision that overturned Roe v. Wade.

In Alaska and Oregon, abortion is not banned at any point in pregnancy, while in Iowa and Kansas, a ban on abortion after 22 weeks' gestation is in place.

New Hampshire has an abortion ban after 24 weeks, and Virginia has a ban on abortion around 26 weeks or after the second trimester.

Twenty moved to protect abortion access

Since the overturning of Roe v. Wade, approximately half of the states have implemented bans or restrictions on abortion. However, in other parts of the country, lawmakers are actively taking steps to safeguard and ensure continued access to the procedure and advocate for reproductive rights.

States like California, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, New York, Rhode Island, and Washington all allow abortion until viability, which means no abortions are allowed after the fetus has reached a stage of development in which it possesses the ability to survive independently outside of the womb. These 12 states have also adopted new laws or executive actions since last year to protect access to abortion.

Meanwhile, abortion is not banned at any point in pregnancy in the District of Columbia or in states like Colorado, New Jersey, New Mexico, and Vermont. These four states and D.C. have also passed executive orders and laws protecting abortion access post-Roe.

While abortion is banned after 24 weeks in Massachusetts, Nevada, and Pennsylvania, these three states have passed laws and executive orders to safeguard access to abortions.

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