Us States With Anti-Abortion Laws: A Growing List

The topic of anti-abortion laws in the US has become increasingly prominent in recent years, with a sharp rise in states passing restrictive legislation or outright bans. This shift has been driven by the US Supreme Court's decision to overturn Roe v. Wade in June 2022, which removed federal protection for abortion rights and gave states the authority to implement their own regulations. As a result, abortion policies vary significantly across the nation, with some states imposing near-total bans, while others continue to protect abortion access.

As of 2024, over 20 states have introduced restrictions or bans on abortion, with 13 states having made the procedure illegal. These laws have been met with legal challenges, and in some cases, have been temporarily blocked or overturned by state courts. The impact of these anti-abortion laws has been far-reaching, affecting access to reproductive healthcare, sparking cultural debates, and influencing political campaigns.

Alabama's abortion ban

Alabama has a long history of strict abortion laws. In the late 19th and early 20th centuries, the state had some of the most stringent regulations in the nation, and even today, it continues to enact legislation that restricts access to abortion.

In 2019, Alabama passed the Human Life Protection Act, which was one of the most restrictive abortion laws in the country at the time. This law banned abortions at any stage of pregnancy, with the only exception being cases where there was a serious health risk to the mother. There were no allowances made for rape or incest survivors. The act also made it a crime for doctors to perform abortions, punishable by up to life in prison.

The Human Life Protection Act was challenged in court by Planned Parenthood and the ACLU of Alabama, who argued that it defied the Roe v. Wade ruling and the U.S. Constitution. A federal judge initially blocked the bill, but after the Supreme Court overturned Roe v. Wade in June 2022, the injunction was lifted, and Alabama's abortion ban went into effect.

The state's stance on abortion remains divisive, with some groups actively opposing the ban and advocating for reproductive rights, while others support the anti-abortion legislation.

Arizona's 15-week ban

Arizona's 15-week abortion ban was passed in 2022, but the state has since been whipsawed over the issue of abortion. In April 2024, the Arizona Supreme Court decided to enforce a long-dormant 1864 law that criminalized nearly all abortions. However, state lawmakers voted to repeal this law, and in May 2024, Democratic Governor Katie Hobbs signed the bill, emphasizing her commitment to protecting reproductive health care in the state.

The battle over abortion rights in Arizona has been intense, with the issue sharply defining the state's political landscape since the US Supreme Court overturned Roe v. Wade in 2022. The 15-week ban has sparked protests and debates, with Democrats advocating for its repeal and Republicans largely opposing abortion rights. The ban includes an exception to save the mother's life, but there are no exceptions for cases of rape or incest after the 15-week mark. This has been a point of contention, with some arguing that the lack of exceptions violates the rights of those who become pregnant due to criminal acts.

The 15-week ban also has specific requirements for those seeking an abortion. Ultrasounds are mandatory at least 24 hours before the procedure, and minors must have parental consent or authorization from a state judge, except in cases of incest or when their life is at risk. Abortion medication can only be provided by qualified physicians, and only licensed physicians can perform surgical abortions. These requirements have been criticized for creating barriers to accessing abortion services and potentially delaying the procedure beyond the 15-week mark.

The debate over abortion rights in Arizona continues, and voters will have the final say on the issue. A ballot measure in the November 2024 election will ask Arizonans to decide whether to amend the state constitution to protect abortion rights up to fetal viability, which is generally considered to be around 23 to 24 weeks. This measure has gained widespread support, even from some conservatives, who are pleased that voters have the option to protect abortion rights. However, there are concerns that passing this measure alone may not be enough to secure abortion access, especially if Republicans control the state or federal government.

Georgia's six-week ban

Georgia's six-week abortion ban prohibits most abortions after the detection of a foetal heartbeat, which usually occurs around six weeks into a pregnancy, and often before many people even know they are pregnant. The ban was signed into law by Governor Brian Kemp in 2019 and took effect in 2022.

The law does include some exceptions. Abortion care is provided up to 20 weeks in cases of rape and incest, but a police report documenting the offence must be provided. Medical exceptions are also permitted to prevent a patient's death or substantial physical impairment, and in the case of ectopic pregnancies, patients must be referred to a hospital to receive care. In some cases, abortion care is provided until 20 weeks if a maternal foetal health specialist provides a statement that the foetus has profound congenital or chromosomal anomalies that are incompatible with sustaining life.

The ban has been the subject of legal challenges, with abortion providers and advocates arguing that it violates the Georgia Constitution's protection of the fundamental right to privacy. In September 2024, the Superior Court of Fulton County ruled that the Georgia Constitution prohibits political interference with an individual's abortion decision before viability, and that forced pregnancy imposes severe harm on the health, lives, and families of Georgians. However, the state's attorney general, Chris Carr, appealed the ruling to the Georgia Supreme Court, which reinstated the ban in October 2024.

The six-week ban has had a significant impact on those seeking abortion care in Georgia, with people facing barriers to accessing timely and essential healthcare. The ban has also been associated with devastating and preventable deaths, including those of Amber Nicole Thurman and Candi Miller, two Black women who passed away in 2022. Their deaths were deemed "preventable" by Georgia's Maternal Mortality Review Committee, which found that the patients were unable to access the urgent medical care they needed due to confusion and fear of criminal penalties under the state's abortion ban.

Texas' fetal heartbeat law

Texas' abortion law, also known as the Texas Heartbeat Act, prohibits physicians from performing or inducing abortions after a "fetal heartbeat" has been detected. This usually occurs around six weeks into a pregnancy, a point at which many women are unaware they are pregnant. The law does not criminalise the act of abortion but instead allows civil lawsuits against physicians who provide or induce such abortions.

The Texas Heartbeat Bill became state law on September 1, 2021, after the Supreme Court overturned Roe v. Wade, granting states the authority to ban abortions at any point in pregnancy. The Texas law allows any private citizen to sue for $10,000, as well as court costs and attorney fees. It also allows lawsuits against anyone who "aids and abets" an abortion in violation of the law.

The Texas abortion law does not allow for prosecution of the woman or parent receiving the abortion. However, it does create a criminal cause of action against doctors and medical staff, opening them up to criminal prosecution and civil lawsuits. Under the law, administrative penalties include the mandatory revocation of a medical, nursing, or pharmacy license.

The Texas Medical Board has proposed guidance for exceptions to the state's multiple abortion bans, aiming to clarify what qualifies as an exception in medical emergencies. This move comes as Texas, along with 13 other states, has ceased nearly all abortion services following the overturning of Roe v. Wade.

South Dakota's abortion ban

The state's abortion ban includes no exceptions for rape or incest. In 2023, South Dakota did enact a law to ensure that women who receive an unlawful abortion will not be held criminally liable. The state also mandates a 72-hour waiting period and counseling before an abortion is performed. Parental notification is also required 48 hours before a minor's abortion, unless a judge approves a petition for the minor to have an abortion without this.

South Dakota also prohibits public funding for abortions and has a gestational ban at 22 weeks. The state further restricts the use of abortion pills, which must be administered within nine weeks of pregnancy and require the patient to return to the clinic within 72 hours.

In November 2024, South Dakota will vote on Constitutional Amendment G, which would provide a state constitutional right to abortion. This amendment would establish a trimester framework for regulating abortion in the state. During the first trimester, the state would be prohibited from regulating a woman's decision to have an abortion. In the second trimester, the state may regulate abortion, but only in ways that are reasonably related to the physical health of the pregnant woman. In the third trimester, the state may regulate or prohibit abortion, except when necessary to preserve the life and health of the pregnant woman.

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