Gavin Howe
Abortion laws vary widely across the world, and even within individual countries, there can be a lot of discrepancies. For example, in the United States, the Supreme Court overturned Roe v. Wade in June 2022, eliminating the federal constitutional right to abortion and giving states the power to restrict or prohibit abortion altogether. This has resulted in a divide between “abortion desert states, where abortion is illegal and inaccessible, and abortion haven states, where abortion remains available. Similarly, in Texas, abortion became almost entirely illegal in 2021, leading to a significant rise in maternal deaths and complications. Changing abortion laws can be a complex and contentious issue, involving ethical, legal, and medical considerations, and often sparking debates about women's rights, bodily autonomy, and public health.
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What You'll Learn
The impact of criminalising abortion
Criminalising abortion has far-reaching impacts on the health and human rights of those seeking abortions, as well as those providing or assisting with abortion care.
The criminalisation of abortion infringes on people's right to privacy, health, and bodily autonomy. It also results in the provision of poor-quality healthcare goods and services, a lack of essential medicines, and obstructs the provision of abortion information and training. This leads to unsafe abortions, which can have fatal consequences, including maternal deaths and long-term disabilities. In Texas, for example, since abortion became almost entirely illegal in 2021, there has been a significant rise in maternal deaths and sepsis among women experiencing miscarriage.
The criminalisation of abortion pushes providers and patients into dangerous and clandestine circumstances. It subjects law-abiding people to surveillance, arrest, investigation, prosecution, and other criminal penalties. This was seen in the United States before the Roe v. Wade ruling in 1973, when abortion was illegal in all states. The criminalisation of abortion also disrupts families and livelihoods, as people can lose their jobs and be separated from their loved ones.
Furthermore, criminalisation does not achieve its stated aims of protecting abortion seekers from unsafe abortions or preventing abortion altogether. Research shows that banning or severely restricting abortion does not reduce abortion rates but instead affects the safety of the procedure. In countries with restrictive abortion laws, an estimated 47,000 women die from unsafe abortions each year, and many others suffer long-term health consequences.
The impact of criminalisation is not limited to health outcomes but also extends to social and economic spheres. Social stigma and intersectional discrimination and marginalisation create additional barriers for people seeking abortions, especially those from historically marginalised communities. Criminalisation, along with other restrictive laws and barriers, undermines people's ability to exercise reproductive autonomy and enjoy their human rights.
Decriminalisation of abortion is crucial to improving health outcomes and upholding human rights. It is associated with reduced stigma, improved quality of care, and increased access to safe abortion. However, it is important to note that decriminalisation alone is not enough to ensure abortion access. Social, cultural, and economic barriers must also be addressed to guarantee abortion rights for all.
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The role of the Supreme Court
Over the years, the Supreme Court has heard numerous cases related to abortion and reproductive rights, including Hodgson v. Minnesota (1990), which addressed the issue of parental notification and consent for minors seeking abortions, and Webster v. Reproductive Health Services (1989), which dealt with restrictions on the use of public resources for non-therapeutic abortions. In Whole Woman's Health v. Hellerstedt (2016), the Supreme Court ruled that two restrictions imposed by a Texas abortion law created an undue burden on abortion access, violating the Constitution.
The Supreme Court has also played a pivotal role in protecting reproductive rights beyond abortion. In Griswold v. Connecticut, the Court struck down the Barnum Act, a law prohibiting contraceptives and the distribution of information related to them. This decision affirmed the right to privacy and set an important precedent for future cases. In Eisenstadt v. Baird, the Court extended this ruling, asserting that the 14th Amendment guarantees equal protection under the law regarding contraception, regardless of marital status.
However, in a more recent case, Dobbs v. Jackson Women's Health Organization (2022), the Supreme Court overturned Roe v. Wade, eliminating the federal constitutional right to abortion. This decision has had a profound impact, with states now having the authority to restrict or prohibit abortion access. As a result, abortion laws vary significantly across the country, with some states protecting abortion rights and others enacting restrictive laws or bans. This has led to a divide between "abortion deserts" and "abortion havens", impacting the lives of millions of people, especially those from marginalized communities.
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State abortion laws
Some states have enacted near-total or complete bans on abortion, while others have moved to expand access and protect reproductive rights. As of February 2025, abortion is protected by state law in 21 states and the District of Columbia, while 12 states have made abortion illegal. The remaining states fall into categories such as "Not Protected," "Hostile," or "Expanded Access," depending on the specific laws and restrictions in place.
The impact of these varying state abortion laws is significant. In states with restrictive laws, individuals may face challenges accessing legal and safe abortion services, leading to potential health risks and logistical and financial barriers. On the other hand, states with protective laws provide greater access to abortion and ensure that individuals can make their own reproductive choices.
It is worth noting that the fight over abortion access continues in many states, with advocates working to block bans and restrictions, while others seek to enforce or introduce new restrictive laws. As a result, the landscape of state abortion laws remains dynamic, and the rights and access to abortion services can change over time.
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Protecting access to safe abortions
The right to a safe abortion is a human right. It is connected to the right to nondiscrimination, the right to be free from torture, and the right to bodily autonomy. When abortions are restricted or banned, people are forced to resort to unsafe methods, which can lead to fatal consequences, including maternal deaths and disabilities.
To protect access to safe abortions, lawmakers must repeal laws that prosecute people for their pregnancy outcomes or for self-managing an abortion. Instead, they should enact protections for self-managed abortions. Medical professionals should also be educated on the fact that reporting individuals for suspected self-management of an abortion is a violation of medical ethics and patient privacy.
State legislators should also enact measures to ensure that those entering abortion clinics can do so safely. For example, localities have adopted protection zones around clinics, and some states have prohibited taking photos and videos of patients and staff at abortion clinics. Additionally, states can invest in community support mechanisms, such as clinic escort programs and de-escalation training for staff, to help people seeking abortions feel safe and supported.
To increase access to abortions, states can also allow non-physician clinicians, such as physician assistants and certified nurse-midwives, to provide abortions. This would increase the number of abortion providers and enhance access. Furthermore, public funding for abortions, including their inclusion in private insurance coverage, can help improve access, especially for young people and those with financial constraints.
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The impact on marginalised communities
The impact of abortion laws on marginalised communities has been a significant concern for activists and sociologists. Abortion restrictions disproportionately affect low-income people, people of colour, and the LGBTQ+ community. The lack of access to safe abortions for these groups has a range of health, financial, and social ramifications.
For low-income individuals, the financial barriers created by abortion restrictions can be insurmountable. The cost of travelling to a state where abortion is legal, as well as the cost of the procedure itself, can push people further into poverty. This is especially true for larger families or those with lower incomes. In addition, the inability to access safe abortions can disrupt educational plans and career trajectories, further entrenching inequality.
People of colour, particularly Black, Latino, Indigenous, and Latinx communities, are disproportionately impacted by abortion restrictions due to systemic racism and race-based surveillance, policing, and violence. The maternal mortality rate for Black women is 2.9 times higher than for white women, and abortion restrictions are expected to further increase pregnancy-related deaths among Black people. Additionally, people of colour are more likely to live in states with restrictive abortion laws, further limiting their access to safe abortions.
The LGBTQ+ community, especially queer and trans folks of colour, also faces reduced access to abortion services due to lower income levels and higher poverty rates. The impact of abortion restrictions on this community is often overlooked as the issue is typically framed as a women's issue. However, abortion restrictions are yet another manifestation of the historical oppression of those who are not cisgender, white, heterosexual men.
The impact of abortion laws on marginalised communities is complex and far-reaching. Restrictive abortion laws compound existing inequalities and further marginalise those who are already disadvantaged. It is crucial to consider the specific needs and challenges faced by these communities when discussing changes to abortion laws.
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Frequently asked questions
Roe v. Wade is the U.S. Supreme Court case that legalized abortion in the United States in 1973. Safe, legal abortion remained a recognized federal constitutional right nationwide for nearly 50 years.
The Supreme Court's decision to overturn Roe v. Wade gave states total leeway to restrict abortion or prohibit it altogether. Almost half of the states are likely to enact new laws as restrictively as possible or seek to enforce current, unconstitutional laws prohibiting abortion.
Abortion shield laws are laws that limit the negative effects of out-of-state abortion restrictions and bans on abortion providers in a particular state. In some states, these protections also extend to individuals who provide information on abortion and logistical and financial assistance to patients.
