Where abortion stands in each state a year since the overturning of Roe v. Wade

(NEW YORK) — Saturday marks one year since the U.S. Supreme Court issued a landmark ruling overturning Roe v. Wade, the 1973 decision that guaranteed the right to an abortion.

As a result, the landscape of abortion access has shifted dramatically over the past year, with the decision of access left up to each state.

Some states had trigger laws banning abortion that went into effect once the decision came down from the Court. Others guaranteed the right to an abortion in their state laws or constitutions.

One year post-Roe, here is where abortion laws stand in each state, according to the Guttmacher Institute, a research group that focuses on sexual and reproductive health, and further reporting:

Alabama

Alabama is one of the 15 states that has ceased nearly all abortion services, in this case under a so-called “trigger law” that went into effect immediately after Roe v. Wade was overturned.

The state constitution also “explicitly excludes abortion rights,” according to the Guttmacher Institute.

Alaska

The right to an abortion remains protected by state law and constitution. Abortion in Alaska is legal at all stages of pregnancy, as long as it is performed by a licensed physician, according to the Guttmacher Institute.

Arizona

Abortion is banned at 15 weeks and later following a judge’s ruling last September that upheld a century-old ban on abortion. The 1901 law, which has language that can be tracked back to 1864, provides no exceptions for rape, incest or fetal abnormalities and makes performing abortions punishable by two to five years in prison.

The only exception is if the mother’s life is in danger.

Arkansas

Abortion is nearly completely banned in Arkansas due to a trigger law that went into effect following the overturning of Roe v. Wade. The Arkansas Human Life Protection Act, or Act 180, makes performing or attempting to perform an abortion a felony punishable by up to 10 years in prison and a fine of up to $100,000.

The only exception is if the mother’s life is in danger.

California

The right to abortion is protected by updated state laws.

Colorado

The right to abortion is protected by updated state laws.

Connecticut

Abortion is allowed up until a fetus becomes “viable,” which is typically around 24 week to 26 weeks. The state, “has a shield law to protect abortion providers from investigations by other states,” according to the Guttmacher Institute.

Delaware

Like in Connecticut, abortion is allowed up to the point of fetal viability in Delaware. The state also has a so-called shield law to protect abortion providers.

Florida

Abortion is banned after 15 weeks of pregnancy, according to the Guttmacher Institute.

Gov. Ron DeSantis signed a six-week ban into law in April 2023, but it will not go into effect until 30 days after the state’s Supreme Court rules on a case that challenges the current 15-week ban.

Georgia

Abortion is banned at six weeks of pregnancy.

Hawaii

Abortion is allowed up to the point of fetal viability, and Hawaii also has a so-called shield law to protect abortion providers.

Idaho

Abortion is nearly completely banned. The state, “requires an ‘affirmative defense,’ meaning a provider has to prove in court that an abortion met the criteria for a legal exception,” according to the Guttmacher Institute.

Illinois

Abortion is allowed up to the point of fetal viability, and abortions can be performed by “qualified health care physicians,” not just solely physicians.

In January 2023, Gov. J.B. Pritzker signed comprehensive reproductive health care legislation into law that protects out-of-state abortion seekers and allows them to get an abortion.

Indiana

Abortion is allowed up to 22 weeks of pregnancy, according to the Guttmacher Institute.

Last year, state lawmakers passed a near-total ban on abortion, but for now the procedure remains legal while the law is challenged in court.

Iowa

Abortion is allowed up to 22 weeks of pregnancy.

Earlier this month, the Iowa Supreme Court prevented a six-week abortion ban that was signed into law several years ago from going into effect. The court was split in a 3-3 decision on the case, meaning abortion remains legal in the state.

Kansas

Abortion is allowed up to 22 weeks of pregnancy.

Last November, Kansas voters decisively rejected a bid to remove abortion protections from its state constitution.

Kentucky

Abortion is nearly completely banned. The only exception is if the mother’s life is in danger.

Louisiana

Abortion is banned with very limited exceptions. The state had several trigger laws that went into effect immediately after Roe was overturned.

Maine

Abortion is currently allowed until a fetus becomes viable.

Maryland

Abortion is allowed up to the point of fetal viability.

Massachusetts

Abortion is allowed up to 24 weeks of pregnancy.

Michigan

Abortion is protected in the state constitution and allowed up to the point of fetal viability.

In April, Gov. Gretchen Whitmer signed a bill repealing the state’s 1931 law that criminalized abortion.

Minnesota

Abortion is allowed up to the point of fetal viability.

Mississippi

Abortion is banned, with very limited exceptions, in Mississippi, the state that was at the center of the Supreme Court’s decision to overturn Roe v. Wade.

In the case, Dobbs vs. Jackson Women’s Health Organization, the state asked the justices to overturn longstanding legal precedent that restrictions on abortion access before a fetus is viable outside the womb — around 24 to 26 weeks of pregnancy — are categorically unconstitutional.

Missouri

Abortion is nearly completely banned. The state, “requires an ‘affirmative defense,’ meaning a provider has to prove in court that an abortion met the criteria for a legal exception,” according to the Guttmacher Institute.

Montana

Abortion is currently legal in Montana until fetal viability.

In May 2023, Gov. Greg Gianforte signed a bill banning abortion after 15 weeks. However, it was swiftly blocked by a judge from going into effect just 48 hours later, according to the Montana Free Press.

Nebraska

In May 2023, Gov. Jim Pillen signed a bill into law banning abortion after 12 weeks.

The only exceptions are if the pregnancy is the result of rape and/or incest, to prevent a risk to the mother’s physical health or if the life of the mother is in danger.

Nevada

In Nevada, abortion is legal up until 24 weeks, according to the state’s Department of Health and Human Services.

Providers may perform abortions after 24 weeks if a physician has reasonable cause to believe the life or health of the mother is in danger.

New Hampshire

Abortions are legal in New Hampshire up to 24 weeks of pregnancy unless there is a “medical emergency,” meaning the life of the mother is in danger due to “a physical disorder, physical illness, or physical injury” including from the pregnancy itself.

The exception also applies if “continuation of the pregnancy will create a serious risk of substantial and irreversible impairment of a major bodily function.”

New Jersey

Abortions are allowed to be performed at all stages of pregnancy.

New Mexico

There is no restriction on gestational age for when abortions can be performed.

New York

New York allows abortions to be performed until fetal viability.

North Carolina

Republican lawmakers in North Carolina passed a 12-week abortion ban in May 2023, reducing the limit from 20 weeks to the end of the first trimester.

Gov. Roy Cooper vetoed the bill, but Republicans were able to override the veto due to their super majority in both the Senate and the House.

North Dakota

Gov. Doug Burgum signed a bill into law in April 2023 banning abortion with very limited exceptions.

Abortions can be performed due to rape and/or incest or the health or life of the mother is in danger, but only up until six weeks’ gestation.

Ohio

Currently, abortions are legal in Ohio through 22 weeks, according to the Guttmacher Institute.

A “heartbeat bill” was passed last year that bans abortions after cardiac activity can be defected, which occurs as early as six weeks of pregnancy, before many women know they’re pregnant, but it remains blocked as legal challenges play out.

Oklahoma

Last month, the state’s Supreme Court ruled that two abortion bans were unconstitutional but the procedure is still legal in nearly all circumstances due to a century-old law.

The 1910 law, which was never struck off the books after Roe was passed, makes it a felony to perform or help obtain an abortion, punishable by up to five years in prison, unless it is necessary “to preserve” the life of the pregnant person.

Oregon

Oregon does not have any limitations regarding when an abortion can be performed.

Pennsylvania

Under Pennsylvania law, abortions can be performed through the 23rd week of pregnancy, according to the state’s Department of Health.

If continuing the pregnancy poses a serious health risk or threatens the life of the pregnant person, abortions can be obtained beyond 23 weeks.

Rhode Island

In Rhode Island, abortions are legal up until fetal viability, state law shows.

South Carolina

Abortions can be performed in South Carolina up to 22 weeks, according to the Guttmacher Institute.

Earlier this year, a six-week abortion ban was passed, but it was blocked by a judge in May 2023 until it can be reviewed by the state’s Supreme Court.

South Dakota

Following the Dobbs decision, a trigger law went into effect in South Dakota that bans abortion in all cases except when the life of the mother is endangered.

Tennessee

A trigger law went into effect in August 2022, banning abortion at all stages of pregnancy after the Supreme Court overturned Roe v. Wade.

In April 2023, Gov. Bill Lee signed a new law allowing limited exceptions including for ectopic or molar pregnancies; miscarriages; to save the life of the pregnant patient; and to prevent “substantial and irreversible” harm to the body of the pregnant person.

Texas

Texas also had a trigger law go into effect in August 2022, banning abortion at nearly all stages — and making it a felony punishable by up to life in prison — except to save the life of the pregnant person.

Utah

Abortion is currently legal up to 18 weeks of pregnancy, after a 2019 law went into effect following the overturning of Roe v. Wade.

Gov. Spencer Cox then signed a bill into law in March 2023 requiring abortion clinics to close either by the end of the year or when their licensee expires, whichever comes first, but a state court blocked the law from going into effect in May.

Vermont

In Vermont, there is no limit on abortions based on how far along a person is in their pregnancy.

Virginia

Under Virginia law, abortions can be performed until the third trimester. Exceptions include saving the life or health of the mother.

Washington

Abortions are legal, in Washington state, up until fetal viability.

West Virginia

Gov. Jim Justice signed a bill into law in September 2022 that banned abortion at all stages of pregnancies except for ectopic pregnancies, fetuses that are not viable and medical emergencies.

There are also exceptions for pregnancies that are the result of rape and incest, but only up to 14 weeks of pregnancy.

Wisconsin

In Wisconsin, abortion services have stopped “due to legal uncertainty around the status of the state’s pre-Roe ban,” according to the Guttmacher Institute.

Wyoming

Abortions are allowed up until fetal viability.

A ban that forbids abortion at all stages of pregnancy except in cases of rape or incest, where the crime is reported to police, or to save the mother’s life, went into effect in March 2023. However, it was blocked days later by a judge and is currently facing legal challenges.

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