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State Abortion Law

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State Abortion Laws

Map of the United States
Alabama

Alabama is enforcing its total abortion ban.

Alaska

Abortion will remain legal in Alaska. In 1997 the state's highest court recognized a fundamental right to “reproductive choice” under the Alaska Constitution.

Arizona

The Arizona pre-Roe ban is temporarily enjoined, and the state has agreed temporarily not to enforce the law. In September 2022, Arizona’s 15-week ban went into effect.

Arkansas

Arkansas is enforcing its trigger ban to prohibit abortion entirely.

California

Abortion will remain legal in California. The state’s highest court recognized abortion rights under the California Constitution in 1969, four years before Roe. In November, voters will have the opportunity to amend the state constitution to further protect abortion rights. State law protects the right to personal reproductive decisions. In November 2022, Californians approved Prop 1, which explicitly adds abortion and contraception rights to the state constitution.

Colorado

Abortion will remain legal in Colorado. In 2022, Colorado enacted a statutory protection for abortion as a fundamental right.

Connecticut

Abortion will remain legal in Connecticut. State law protects abortion and Connecticut has enacted additional laws to expand abortion access.

Delaware

Abortion will remain legal in Delaware. State law includes express protections for abortion and, in 2021, Delaware repealed its final pre-Roe-ban.

Florida

Elected officials enacted a 6-week ban in 2023 in another challenge to the state supreme court’s recognition of the right to abortion under the Florida Constitution.

Georgia

Georgia argues that it can enforce its six-week abortion ban, which the Georgia Supreme Court allowed to take effect after a Fulton County court blocked the law. Numerous medically unnecessary restrictions already make it difficult to access abortion care in Georgia.

Hawaii

Abortion will remain legal in Hawaii. Three years before Roe, , Hawaii legalized abortion, and the state has enacted additional laws to expand access to abortion.

Idaho

Idaho argues that it can enforce its trigger ban, which criminalizes abortion.

Illinois

Abortion will remain legal in Illinois. In 2019, Illinois enacted comprehensive abortion rights legislation. And the Illinois Supreme Court has recognized the right to abortion under the state’s constitution.

Indiana

Indiana enacted a new total ban on abortion, which took effect on August 1, 2023, after the state supreme court vacated the injunction blocking the law.

Iowa

Iowa will likely try to prohibit abortion. In June 2023, the Iowa Supreme Court rejected the governor’s challenge to the permanent injunction of the 6-week ban.

Kansas

Abortion will remain legal in Kansas as long as the state constitution is not amended. While the state has enacted many restrictions on abortion, in 2019, its highest Court ruled that a pregnant person's right to personal autonomy is protected in the state’s constitution.

Kentucky

Kentucky argues that the state can enforce its trigger ban to prohibit abortion; the trigger ban is currently in effect. However, in November 2022, voters rejected Prop 2, which would have specified that the state constitution does not protect abortion rights.

Louisiana

Louisiana is enforcing its trigger ban which prohibits abortion entirely and includes civil and criminal penalties.

Maine

Abortion will remain legal in Maine. State law includes express protections for abortion and Maine has enacted few restrictions on abortion access.

Maryland

Abortion will remain legal in Maryland. State law includes express protections for abortion and Maryland has enacted few restrictions on abortion access.

Massachusetts

Abortion will remain legal in Massachusetts. The Massachusetts Supreme Court has recognized the right to abortion under the state’s constitution, and in 2021 Massachusetts passed comprehensive abortion rights legislation.

Michigan

Michiganders have approved Prop 3, which enshrines reproductive freedom in the Michigan constitution.

Minnesota

Abortion will remain legal in Minnesota. The state’s highest court has recognized the right to abortion under the Minnesota Constitution and, in 2023, the state created a statutory right to reproductive freedom.

Mississippi

Mississippi is enforcing its trigger ban, which prohibits abortion in nearly all situations.

Missouri

Missouri has begun to enforce its trigger ban to prohibit abortion entirely.

Montana

Abortion will remain legal in Montana as long as the state constitution is not amended.  The state’s highest court recognized “procreative autonomy” under the Montana Constitution, protecting the right to abortion. In November, voters rejected LR-131, a referendum that mischaracterizes abortion, furthers abortion stigma, and could have criminalized medical professionals.

Nebraska

Nebraska is enforcing a 12-week abortion ban, with limited exceptions.

Nevada

Abortion will remain legal in Nevada. In 1990, Nevada voters passed a referendum safeguarding the state’s law legalizing abortion.

New Hampshire

Abortion will remain accessible in New Hampshire but without legal protection. New Hampshire repealed a pre-Roe-ban on abortion, but state law does not expressly protect abortion.

New Jersey

Abortion will remain legal in New Jersey. In 2022, New Jersey enacted a statutory protection for abortion as a fundamental right and the state’s highest court recognized the “fundamental right of a woman to control her body and destiny” under the New Jersey constitution.

New Mexico

Abortion will remain accessible in New Mexico. New Mexico courts have not determined whether the state constitution protects the right to abortion.

New York

Abortion will remain legal in New York. In 2019, New York enacted comprehensive abortion rights legislation, expanding access to abortion care in the state, and in 2022 enacted additional protections for abortion providers and helpers.

North Carolina

North Carolina has enacted a twelve-week abortion ban, including additional burdensome restrictions, which took effect July 1, 2023.  Although the current governor is supportive of abortion rights, the legislature is hostile to abortion.

North Dakaota

North Dakota is enforcing a new total abortion ban with limited exceptions.

Ohio

Ohioans have approved Issue 1, which protects reproductive decision making. However, Ohio argues that the state can enforce its 6-week LMP ban, which is currently blocked by a preliminary injunction.

Oklahoma

Oklahoma is enforcing a pre-Roe ban that prohibits abortion entirely, except when “necessary to preserve” the life of a pregnant person.

Oregon

Abortion will remain legal in Oregon. State law protects abortion and Oregon has enacted additional laws to expand abortion access.

Pennsylvania

Abortion will likely remain accessible in Pennsylvania, but without legal protection. The current governor is supportive of abortion rights, but numerous medically unnecessary restrictions make it difficult to access abortion care in the state.

Rhode Island

Abortion will remain legal in Rhode Island. In 2019, Rhode Island enacted a law to protect abortion and repealed various existing abortion restrictions.

South Carolina

South Carolina is enforcing a six-week abortion ban after the state Supreme Court declared the ban constitutional on August 23, 2023.

South Dakota

South Dakota is enforcing its trigger ban which has criminalized abortion.

Tennessee

Tennessee is enforcing its trigger ban, which criminalizes abortion.

Texas

Texas is enforcing its trigger ban, which prohibits abortion and includes civil and criminal penalties.

Utah

Utah is enforcing its 18 week ban while its trigger ban is enjoined.

Vermont

Abortion will remain legal in Vermont. In 2019, Vermont enacted comprehensive abortion rights legislation. In November 2022, voters will have to amend the state constitution to protect reproductive freedom. In November 2022, voters approved Proposal 5, which enshrines reproductive freedom in the Vermont constitution.

Virginia

Abortion will remain accessible in Virginia, but without legal protection. In 2020, Virginia repealed numerous medically unnecessary restrictions on abortion access.

Washington

Abortion will remain legal in Washington. State law protects personal reproductive decisions and Washington has enacted policies to expand abortion access.

West Virginia

West Virginia has enacted a total ban on abortion and claims its pre-Roe criminal abortion ban is enforceable although the ban is currently enjoined.

Wisconsin

Wisconsin legislators will try to prohibit abortion. The current governor is supportive of abortion rights and the Attorney General has sued the Speaker and Majority Leader of the Wisconsin Legislature seeking a declaratory judgment that the pre-Roe ban is unenforceable.

Wyoming

Wyoming argues that the state can enforce its trigger ban and its total ban to prohibit abortion entirely. However, both the trigger ban and the total ban are currently enjoined.

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