Arizona Reinstates Near-Total Abortion Ban from the 19th Century

Arizona Reinstates Near-Total Abortion Ban from the 19th Century
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It’s been nearly three months since the Supreme Court of the United States turned back the clock on reproductive rights by nearly half a century. On June 24, Justice Samuel Alito, Justice Clarence Thomas, Justice Brett Kavanaugh, Justice Neil Gorsuch, and Justice Amy Coney Barrett — all conservative — voted to overturn Roe v. Wade, eliminating 50 years of federal protections for safe, legal abortions across the country.

Abortion rights supporters nearly immediately gathered outside the Supreme Court in Washington, D.C. in protest, and since then, thousands nationwide have mobilized to fight for continued access to reproductive care.

The alarming decision of the Supreme Court’s conservative justices has already impacted millions of women. According to the Guttmacher Institute, 58 percent of women of reproductive age live in states that are “hostile” to abortion rights, while 13 states had pre-Roe bans or “trigger laws” that immediately went into effect after Roe fell.

But what exactly does that mean for where you live? Here, with information and data from the Guttmacher Institute and other reproductive rights organizations, we break down where each state stands with abortion rights now that Roe v. Wade is overturned.

Alabama

Abortion is banned in Alabama, except in the case of life endangerment of the patient. A pre-Roe amendment in the state’s constitution prohibits abortion rights protection.

Alaska

There are no gestational age restrictions for abortion in Alaska, but must be performed by a licensed physician. Abortion remains remain legal and accessible in the state, according to the Center for Reproductive Rights. A 1997 amendment in the state’s constitution protects the right to choose.

Arizona

On September 23, a judge ruled that the state can enforce a near-total abortion ban that dates back to 1864 — decades before Arizona became a state, according to NPR. The only exception is if the pregnant person’s life or health is in danger.

A new law banning abortions after 15 weeks also took effect in the state on Saturday, September 24, the outlet reports.

Arkansas

In Arkansas, abortion is banned. After Roe fell, a trigger law went into effect that completely prohibits abortions in the state, according to the Center for Reproductive Rights.

California

Abortion is legal at or after viability in California if the patient is endangered. The procedure remains legal and accessible in the state.

Colorado

Abortion is accessible in Colorado, but there are a few restrictions. Per the Guttmacher Institute, there are insurance restrictions, public funding is only available for cases of life endangerment, rape, or incest, and parents must be notified for minors.

Connecticut

Abortion is legal at or after viability in Connecticut if the patient is endangered, and remains legal and accessible after Roe fell.

Delaware

Abortion is legal in Delaware, but public funding is only available in cases of life endangerment, rape, or incest. There is also a parental notification requirement for minors.

Florida

Abortion is severely restricted in Florida. Per The Miami Herald, Governor Ron DeSantis signed a bill in April that bans most abortions after 15 weeks of pregnancy. But it’s been challenged and is now headed to the state’s Supreme Court, according to the ACLU. There are also insurance restrictions, state-mandated counseling, parental notification and consent requirements for minors, and a 24-hour waiting period, per the Guttmacher Institute.

Georgia

There is a 6-week abortion ban, insurance restrictions, a parental notification requirement, counseling requirement, and 24-hour waiting period requirement in Georgia, according to the Guttmacher Institute.

Hawaii

Abortion is legal and accessible in Hawaii, and remains so after Roe fell.

Idaho

Abortions are completely banned in Idaho, per Planned Parenthood, after a new law went into effect on August 25.

Illinois

Abortion may be performed in Illinois, but there are insurance restrictions. After Roe was overturned, it remains safe and accessible.

Indiana

A near-total abortion ban went into effect on September 15, despite ongoing lawsuits, according to ABC News. However, one week later, abortions were permitted to resume after an injunction was placed on the ban, the outlet reports.

Iowa

Abortion is legal in Iowa, but the state has a 20-week abortion ban, a parental notification requirement for minors, limited public funding, and a 24 hour waiting period. The state tried to pass a 6-week ban in 2018, but it was struck down as unconstitutional the following year, per the ACLU.

Kansas

Kansas has a 20-week abortion ban, insurance restrictions, parental involvement requirement, 24-hour waiting period, and little public funding, among many other limitations. Per NPR, the Kansas Supreme Court voted to protect abortion access in 2019, so unless its constitution is amended, abortion remains legal.

Kentucky

Abortion is banned in Kentucky. According to The Washington Post, the only exception is if the pregnant person’s life is in danger or is at risk of permanent injury. Abortion providers could face up to five years in prison.

Louisiana

Abortion is banned at all stages of pregnancy in Louisiana, due to a pre-Roe law that was never removed and an amendment in the state’s constitution that prohibits abortion rights protection.

Maine

Abortion is legal in Maine, and remains protected after Roe was struck down.

Maryland

Abortion is legal in Maryland, but there is a parental notification requirement. It remains protected after Roe fell.

Massachusetts

Abortion is legal in Massachusetts, but parents must consent for a minor under 16 years old. After Roe was overturned, abortion remains legal in the state.

Michigan

Abortion may be performed at or after viability if the patient’s life is endangered, but there is a state-mandated counseling requirement, 24-hour waiting period, insurance requirement, parental consent requirement, and limited public funding. Due to a pre-Roe ban, it’s likely that state lawmakers will try to place more restrictions on abortion.

Minnesota

Abortion is legal, but there is a state-mandated counseling requirement, 24-hour waiting period, and parental notification requirement for minors.

Mississippi

On June 27, Mississippi’s trigger law went into effect, banning nearly all abortions in the state, according to the Center for Reproductive Rights.

The overturn of Roe v. Wade came as a result of the decision made in Dobbs v. Jackson Women’s Health Organization. The case directly challenged Roe and ruled on Mississippi’s 2018 “Gestational Age Act,” a statute that aims to ban abortions after 15 weeks of pregnancy.

Missouri

After Roe was struck down, abortions were banned in the state and made a felony due to a trigger ban, per CNN.

Montana

Abortion is legal in Montana, but there is a parental notification requirement for minors, per Planned Parenthood. It remains protected after Roe fell.

Nebraska

In Nevada, there is a 20-week abortion ban, 24-hour waiting period, insurance restrictions, parental consent requirement, and public funding is only provided in cases of life endangerment, rape, or incest, according to Planned Parenthood.

Nevada

An abortion may be performed in Nevada up to 26 weeks after the last menstrual period. Public funding is provided only in cases of life endangerment, rape, or incest.

New Hampshire

Abortion may be performed in New Hampshire up to 24 weeks after the last menstrual period. Public funding is limited to cases of life endangerment, rape, or incest. There is also an ultrasound requirement, and a parental notification requirement for minors.

New Jersey

There are no restrictions or bans on abortions in New Jersey, and they remain legal and accessible after Roe was reversed.

New Mexico

There are no restrictions or bans on abortions in New Mexico, and they remain remain legal and accessible.

New York

Abortion is legal in New York, and remains legal and accessible after Roe was overturned.

North Carolina

Abortions are banned after 20 weeks in North Carolina, according to the Center for Reproductive Rights. There are also insurance restrictions, a 72-hour waiting period, and a parental consent requirement for minors.

North Dakota

There is a 20-week ban on abortions in North Dakota and a number of restrictions, including state-mandated counseling, a 24-hour waiting period, a parental consent requirement, and limited public funding.

A near-total ban was going to take effect in August, but has been temporarily blocked by a judge, according to CBS News.

Ohio

Ohio has a 6-week abortion ban, an ultrasound requirement, a 24-hour waiting period, parental consent requirement, a fetal heartbeat test, and public funding is available only in cases of life endangerment, rape, or incest.

Oklahoma

Abortion is banned in Oklahoma, except in cases of life endangerment, rape, or incest.

Oregon

There are no restrictions or bans on abortions in Oregon, and remains legal and accessible after Roe was reversed.

Pennsylvania

Abortions may be performed up to 24 weeks after the last menstrual period in Pennsylvania. Patients must undergo counseling, a 24-hour waiting period, and minors must have parental consent. Public funding is limited to cases of life endangerment, rape, or incest.

Rhode Island

Abortion is legal in Rhode Island, but parental consent is required for minors. It remains remain legal after Roe was overturned.

South Carolina

South Carolina has a 20-week ban on abortions. There are insurance restrictions, state-directed counseling, a 24-hour waiting period, and a parental consent requirement. In 2021, the state enjoined a 6-week abortion ban, according to the Center for Reproductive Rights, but it’s not currently enforceable.

South Dakota

Abortions are banned in South Dakota, due to a trigger law that went into effect after Roe fell.

Tennessee

A trigger law went into effect on August 25, that bans abortions in Tennessee.

Texas

Abortion is banned in Texas, and, among many other restrictions, financially awards private individuals who might successfully sue someone who “aids and abets” someone seeking an abortion.

Utah

Abortions are banned after 18 weeks in Utah. There are also insurance restrictions, a parental consent requirement, and patients must undergo counseling and a 72-hour waiting period before the procedure.

Vermont

There are no restrictions or bans on abortions in Vermont, and they remain legal and accessible.

Virginia

Abortions may be performed in Virginia up until the patient’s third trimester if their health is at risk. Parental consent is required for minors and public funding is limited.

Washington

Abortion is legal in Washington State, and remains legal and accessible after Roe was overturned.

West Virginia

On September 16, West Virginia Governor Jim Justice signed into law a ban on abortions at all stages of pregnancy, according to Politico. The bill went into effect immediately.

Wisconsin

There is a ban on most abortions after 20 weeks in Wisconsin. Counseling, a 24-hour waiting period, and parental notification for minors is required.

Wyoming

Abortions in Wyoming may be performed at or after viability in cases of life endangerment and compromised patient health. Public funding is limited and parental consent is required for minors.

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