Nevada's Abortion Laws: Understanding The Current Landscape

Abortion is a highly debated topic in the United States, with varying laws and access across different states. In the context of Nevada, abortion laws have undergone several changes over the years, and it is essential to understand the current landscape. As of 2024, abortion remains legal in Nevada, with a focus on safeguarding abortion rights. The state has a history of supporting abortion access, and voters have played a crucial role in shaping the legislation.

Abortion in Nevada is legal up to 24 weeks of pregnancy

The state prohibits abortions after the fetus is viable, which is generally between 24 and 28 weeks. This law was still in place as of May 2019. In situations where abortions take place after 24 weeks, the procedure must be performed at a licensed hospital by a licensed physician.

Nevada is one of the few states where abortion remains legal after the US Supreme Court overturned Roe v. Wade in 2022. The state has a history of supporting abortion rights, with 62% of adults polled by the Pew Research Center in 2014 saying that abortion should be legal, while 34% said it should be illegal in all or most cases.

In 2024, voters will decide whether to amend the Nevada Constitution to protect abortion rights further. The Reproductive Rights Amendment will appear on the Nevada ballot, proposing to amend the state constitution to create the fundamental right to abortion until fetal viability. This amendment will strengthen the existing abortion laws in Nevada and make it more challenging to change them in the future.

Nevada also has laws in place to protect access to abortion clinics and ensure that providers cannot be disciplined or disqualified from licensure for providing or assisting with abortion care that is legal in the state.

Nevada voters approved a referendum safeguarding the state's law legalizing abortion

In 1990, Nevada voters approved a referendum to safeguard the state's law legalizing abortion. The referendum, known as Question 7, affirmed the Nevada Revised Statutes Chapter 442, section 250, which permits abortion up to 24 weeks of gestation. The vote affirmed that the Nevada Legislature cannot alter the statute unless it is first repealed by a direct vote of the state's voters.

The referendum passed with 63.5% of the vote, demonstrating the strong support for abortion rights in Nevada. This support has been further evidenced by the state's continued access to abortion services, with all parties, including Republicans, supporting it. In 2019, the Trust Nevada Women Act was signed into law, making several changes to existing abortion laws in the state, including decriminalizing the performance of abortion procedures and removing informed consent laws.

The state of Nevada has a history of protecting reproductive rights, and this commitment was further strengthened by the 1990 referendum. The referendum ensured that the legalization of abortion in the state could not be easily overturned, providing a layer of protection for those seeking abortion care.

In 2024, Nevada voters will once again have the opportunity to safeguard abortion rights in their state. The Reproductive Rights Amendment will appear on the Nevada ballot, proposing to amend the state constitution to create a fundamental right to abortion until fetal viability. This amendment seeks to protect abortion rights in Nevada by enshrining them into the state's constitution, making it more challenging for future legislation to restrict or prohibit abortion access.

Nevada will decide whether to amend the constitution to protect abortion rights

Nevada has a history of supporting abortion rights. In 1990, voters passed a referendum safeguarding the state's law legalizing abortion up to 24 weeks. In 2019, the state prohibited abortions after the fetus was viable, which is generally between 24 and 28 weeks.

Following the Supreme Court's overturning of Roe v. Wade in 2022, Nevada voters will decide whether to amend the state constitution to protect abortion rights in the upcoming November 2024 and November 2026 elections. The ballot measure, known as Question 6 or the Reproductive Rights Amendment, would establish the right to an abortion in the Nevada Constitution until fetal viability or when necessary to protect the life or health of the pregnant individual.

The amendment has received support from groups such as Nevadans for Reproductive Freedom, who gathered over 200,000 signatures to get the measure on the ballot. However, it has also faced opposition from groups like the Coalition for Parents and Children and Nevada Right to Life, who argue that the amendment is unnecessary and unsafe.

Nevada's abortion rights ballot measure is part of a broader trend of states seeking to protect abortion access following the overturning of Roe v. Wade. Several states with Democratic legislatures have laws or executive orders in place to protect abortion access, and voters in California, Kansas, Kentucky, Michigan, Montana, Ohio, and Vermont have supported abortion rights on ballot measures.

Nevada limits public funding for abortions

Nevada has a number of laws in place regarding abortion. Abortion is legal in Nevada up until the 24th week of pregnancy, and after 24 weeks if the pregnancy poses a fatal risk to the pregnant individual. In 1990, Nevada voters approved a referendum to safeguard the state's law legalizing abortion, and in 2024, voters will decide whether to amend the Nevada Constitution to protect abortion rights further.

Nevada has laws in place that limit public funding for abortions. While state funding can be used to fund abortions in cases of risk to the mother's life, rape, or incest, there was no such funding used in 2010. The law as of May 1, 2018, states that these are the only reasons that state funding can be used by women seeking abortions. Nevada law prohibits the use of public funds for abortions, with the exception of cases where the pregnancy is a result of rape or incest, or if the mother's life is at risk. This restriction on public funding for abortions is outlined in the Medicaid Services Manual, § 603.3 (2019) of the Division of Health Care Finance and Policy.

The state of Nevada has taken steps to ensure that abortion remains legal and accessible, even after the Supreme Court overturned Roe v. Wade in 2022. The governor of Nevada issued an executive order in June 2022, prohibiting the executive branch from cooperating with out-of-state investigations or legal actions related to the lawful provision of abortion in the state. The state also enacted an interstate shield law in 2023, providing additional protections for those involved in providing abortion care.

In terms of other abortion laws in Nevada, the state requires that abortions be performed by licensed physicians and that they take place in a licensed hospital if they occur after 24 weeks of pregnancy. There is also a reporting requirement and civil penalties for providers who violate the state's abortion restrictions. Additionally, Nevada law includes a permanently enjoined requirement that a parent or legal guardian be notified about a minor's abortion.

Nevada has seen a decline in the number of abortion clinics over the years, with 13 facilities providing abortions in 2014, down from 25 in 1982. The state also allocated $6 million in 2019 to fund reproductive assistance measures, including family planning grants, but this money did not cover abortions. Despite these limitations, Nevada has a high level of support for abortion rights, with 62% of adults in a 2014 poll saying that abortion should be legal.

Nevada prohibits abortions after 24 weeks

Nevada has a long history of supporting abortion rights, and this is reflected in its laws. The state prohibits abortions after 24 weeks of pregnancy, as outlined in Nevada Revised Statutes chapter 442, section 250. This law, affirmed by voters in 1990, permits abortions up to 24 weeks of gestation and ensures that the legislature cannot amend or repeal it without voter approval.

The affirmation of this statute by voters in 1990 was a significant development, as it demonstrated the state's commitment to protecting abortion rights. The referendum, known as Nevada Question 7, received 63.47% approval, showcasing the strong support for abortion access in the state. This statute affirmation means that any changes to the abortion law in Nevada must be decided by a direct vote of the people, giving them the power to shape the legislation directly.

The law, as of May 14, 2019, states that abortions can be performed after 24 weeks only if the pregnancy poses a fatal risk to the pregnant individual. Additionally, abortions after 24 weeks must be performed in a licensed hospital, and only by licensed physicians.

Nevada's abortion laws also include reporting requirements and civil penalties for providers who violate the state's abortion restrictions. The state further protects abortion access by prohibiting interference with entering or exiting abortion facilities.

In 2024, voters in Nevada will have the opportunity to decide on amending the state constitution to protect abortion rights further, demonstrating the state's ongoing commitment to ensuring safe and legal access to abortion.

Frequently asked questions