Minnesota's Abortion Laws: Birth, Life, And Choice

In January 2023, Minnesota Governor Tim Walz signed the Protect Reproductive Options Act (PRO Act) into law, cementing the right to abortion and other forms of reproductive healthcare into the state's statutes. The Act states that every individual has a fundamental right to make autonomous decisions about their own reproductive health, including the right to obtain an abortion. While the Act does not include any specific prohibitions on abortions at any stage of pregnancy, it is important to note that abortions performed late into a pregnancy are historically rare in Minnesota.

Abortion in Minnesota is protected by the state constitution

The PRO Act specifically prohibits local governments from restricting a person's ability to exercise their fundamental right to reproductive health care. It also repeals several restrictions that had been previously imposed, such as a 24-hour waiting period, extensive reporting requirements for providers, and criminalization under specific circumstances. Additionally, the law establishes that individuals have the right to make decisions about their reproductive health care, including abortion and contraception, free from interference by the state.

The right to abortion in Minnesota was first recognized in the 1995 Minnesota Supreme Court case, Doe v. Gomez, which held that the state constitution protects abortion rights. This decision affirmed that the Minnesota Constitution offers broader protection than the US Constitution regarding a person's fundamental right to make reproductive healthcare choices without state interference. The Supreme Court's decision in Dobbs v. Jackson Women's Health Organization in 2022 further reinforced the protection of abortion rights in Minnesota, despite the reversal of Roe v. Wade at the federal level.

It is important to note that abortions performed late in a pregnancy are rare in Minnesota, with the majority of abortions occurring in the first trimester. Abortions in the third trimester are typically associated with private reasons or instances where the pregnant person's health is at severe risk.

The state's Protect Reproductive Options Act (PRO Act) was passed in 2023

In January 2023, Minnesota's Protect Reproductive Options Act (PRO Act) was passed into law by Governor Tim Walz. The Act affirms the fundamental right of Minnesotans to make independent decisions about their reproductive health, including the right to use or refuse reproductive health care, continue a pregnancy and give birth, or obtain an abortion.

The PRO Act establishes that "every individual has a fundamental right to make autonomous decisions about their own reproductive health", including abortion and contraception. It also guarantees the right to carry a pregnancy to term, access birth control, sterilisation, or family planning help, along with other reproductive care options. Notably, the Act prohibits local governments from restricting a person's ability to freely exercise their fundamental right to reproductive health care.

The passage of the PRO Act was a significant development in Minnesota's reproductive rights landscape. Prior to the Act, abortion was already legal in Minnesota under the Roe v. Wade U.S. Supreme Court decision. However, the PRO Act provided additional protections and ensured that the state's existing protections would remain in place, regardless of future changes in the composition of courts.

The Act faced opposition from anti-abortion advocates, who protested the bill at the Minnesota State Capitol. Despite this, the PRO Act was passed with the support of Democratic leaders, who took advantage of their control of both houses of the Legislature to rush the bill through during the first month of the 2023 legislative session.

With the PRO Act, Minnesota became the sixteenth state to explicitly protect the right to abortion in state law or its constitution. The Act also situates Minnesota alongside states like Colorado, Maryland, New Jersey, Oregon, and Vermont, which provide abortion access without a limit on viability.

While the PRO Act guarantees the right to make autonomous decisions about reproductive health, it is important to note that abortions up until the moment of birth are not included in these protections. Abortions later in pregnancy occur for various reasons, including instances where a pregnant person's health is at severe risk.

The PRO Act states that abortions can occur at any stage of pregnancy

In January 2023, Minnesota's Protect Reproductive Options Act (PRO Act) was signed into law, affirming the right to make independent decisions about reproductive health, including the right to continue a pregnancy and give birth, or obtain an abortion. The Act does not include any specific prohibitions on abortions at any stage of pregnancy.

The PRO Act states that "every individual has a fundamental right to make autonomous decisions about their own reproductive health," and specifically mentions that "every individual who becomes pregnant has a fundamental right to continue the pregnancy and give birth, or obtain an abortion." This means that individuals in Minnesota have the legal right to choose to terminate their pregnancy at any stage, without restrictions based on the stage of pregnancy.

It is important to note that abortions occurring late into a pregnancy are historically rare in Minnesota. The Minnesota Department of Health's 2022 annual report listed only one abortion performed in the third trimester of pregnancy, with the majority of abortions (over 90%) occurring in the first trimester. Abortions later in pregnancy happen for various private reasons and are often due to medical concerns or situations where the pregnant person's health or life is at risk.

The PRO Act ensures that individuals in Minnesota have the legal right to make their own decisions regarding abortion, at any stage of pregnancy, without government restrictions. This Act protects the fundamental right to reproductive autonomy and self-determination.

The PRO Act prohibits local governments from restricting a person's ability to exercise their right to reproductive health care

In January 2023, Minnesota's Protect Reproductive Options Act (PRO Act) was signed into law by Governor Walz. This Act affirms the fundamental right of Minnesotans to make independent decisions about their reproductive health. It specifically states that "every individual has a fundamental right to make autonomous decisions about their own reproductive health," including the right to continue a pregnancy, give birth, or obtain an abortion.

The Act also provides protections for individuals who travel to Minnesota for reproductive health care and for the individuals and entities that provide reproductive health care to out-of-state travelers.

It is important to note that abortions performed late into a pregnancy are rare in Minnesota. The majority of abortions occur in the first trimester, and abortions in the third trimester are historically uncommon. Decisions regarding reproductive health are deeply personal, and abortions later in pregnancy may happen for various private reasons, including instances where continuing the pregnancy could pose a risk of severe injury or death to the pregnant person.

The PRO Act ensures that individuals in Minnesota have the legal right to make their own informed decisions about their reproductive health, including the right to obtain an abortion, without local government restrictions.

Abortion is considered a private medical decision in Minnesota

The PRO Act specifically states that "every individual has a fundamental right to make autonomous decisions about their own reproductive health." This includes the right to continue a pregnancy and give birth or to obtain an abortion, and to make autonomous decisions about how to exercise this right. The Act does not include any specific prohibitions on abortions at any stage of pregnancy.

The Minnesota Supreme Court first recognised this right to privacy in 1995 in Doe v. Gomez, which held that the Minnesota Constitution guarantees a person's fundamental right to make reproductive healthcare choices without state interference. This was further affirmed by the PRO Act, which explicitly states that the Minnesota Constitution protects the "fundamental right to reproductive freedom."

The PRO Act also prohibits local governments from imposing additional restrictions on access to reproductive health services or restricting a person's ability to freely exercise their right to reproductive health care. This includes repealing previous requirements for patients seeking abortions, such as a 24-hour waiting period and extensive reporting by providers.

Additionally, Minnesota law provides public assistance for qualifying patients to cover or partially cover the cost of reproductive health care services, including abortion. Low-income patients who qualify for programs such as Medicaid and Minnesota Care may be eligible for publicly funded reproductive health services.

It is important to note that abortions later in pregnancy are rare in Minnesota, and decisions regarding pregnancy and maternal health are deeply personal and unique to each individual's circumstances.

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