Abortion Laws: Effective Dates And What To Expect

Abortion laws vary significantly from state to state in the US, with some states prohibiting abortion at all stages of pregnancy, some allowing it up to a certain point, and others permitting it throughout a woman's pregnancy. In June 2022, the Supreme Court overturned Roe v. Wade, which had previously protected abortion rights at a federal level, and returned the regulation of abortion to state legislatures. Since then, abortion measures have been placed on ballots in several states, with voters deciding how their state regulates abortion.

Criminalization of abortion

The criminalization of abortion has been a highly debated topic in the United States, with various states implementing different laws and restrictions. While some states have chosen to protect the right to abortion, others have opted for criminalization, creating a divide in the country. The criminalization of abortion has far-reaching consequences and impacts the lives of many, especially those from marginalized communities.

The criminalization of abortion restricts access to safe and legal abortions, pushing people to resort to unsafe alternatives. This often leads to fatal consequences, such as maternal deaths and disabilities. It is essential to recognize that criminalization does not prevent abortions but rather makes them less safe and more dangerous. The World Health Organization has recommended the full decriminalization of abortion to address these issues.

The criminalization of abortion also has a disproportionate impact on certain groups, such as single women, people from low-income backgrounds, and racialized communities. These individuals often face barriers in accessing safe abortion services, whether due to financial constraints or the inaccessibility of clinics in their areas. The criminalization further exacerbates these challenges, making it more difficult for them to exercise their reproductive rights.

Additionally, the criminalization of abortion can result in legal repercussions for those seeking abortions, as well as those assisting them. People have been charged with various crimes, including mishandling of human remains, concealment of birth, and even homicide. The fear of legal consequences creates a climate of fear and confusion, affecting not only those seeking abortions but also healthcare providers, who may face prosecution for providing necessary healthcare.

The criminalization of abortion also affects the availability of trained providers and increases the workload for healthcare professionals. Providers may face ethical dilemmas and fear legal repercussions, hindering their ability to offer comprehensive abortion care. This further limits access to safe abortions and impacts the quality of care provided.

The criminalization of abortion has far-reaching consequences that affect the lives and well-being of individuals, families, and communities. It is essential to recognize the impact of these laws and work towards ensuring access to safe and legal abortions for all, regardless of their background or circumstances.

State-by-state abortion laws

In June 2022, the U.S. Supreme Court overturned Roe v. Wade, which for nearly 50 years protected the federal constitutional right to abortion. The Supreme Court's decision in Dobbs v. Jackson Women's Health Organization in June 2022 has meant that abortion policies and reproductive rights are now in the hands of each state.

States where abortion is protected

The "Expanded Access" category means that the right to abortion is protected by state statutes or state constitutions, and other laws and policies have created additional access to abortion care. Twenty-one states and the District of Columbia fall into this category.

States where abortion is not protected

The "Not Protected" category means that abortion may continue to be accessible in these states, but it is not protected by state or territory law. In some of these states, it is unclear whether the legislature would enact a ban, but concern is warranted. Twenty-six states and three territories fall into this category.

States with a hostile stance on abortion

The "Hostile" category means that these states and territories have expressed a desire to prohibit abortion entirely. These states and territories are extremely vulnerable to the revival of old abortion bans or the enactment of new ones, and none of them have legal protections for abortion. Thirteen states fall into this category.

States where abortion is illegal

The "Illegal" category means that these states ban abortion entirely and enforce those bans through criminal penalties. Thirteen states fall into this category.

The Supreme Court's decision in Dobbs v. Jackson Women's Health Organization in June 2022 has effectively immediately given states the power to enforce abortion bans and restrict access to abortion.

Abortion bans

In June 2022, the U.S. Supreme Court overturned Roe v. Wade, a 1973 decision that had established a federal constitutional right to abortion. This ruling eliminated the uniform framework for state legislation on abortion and allowed states to ban abortion outright. Currently, 13 states have total abortion bans in place, while 28 states have bans based on gestational duration, and 9 states have no restrictions on this basis.

The impact of these abortion bans falls disproportionately on marginalized groups, including people of colour, LGBTIQ+ individuals, and those on low incomes. These groups often face compounding barriers to obtaining an abortion, such as criminalisation, social stigma, and intersectional discrimination.

The abortion-rights movement advocates for patient choice and bodily autonomy, while the anti-abortion movement maintains that the fetus has a right to live. The debate has become deeply politicized, with the Republican Party generally seeking to restrict abortion access and the Democratic Party defending access. However, there are minority groups within both parties that hold opposing views.

The impact of abortion bans extends beyond the U.S., as Americans have started traveling to Mexico for abortions, and Mexico has expressed a willingness to help. Additionally, the World Health Organization has noted that unsafe abortions are the third leading cause of preventable maternal deaths worldwide, and the criminalisation of abortion contributes to this issue.

Abortion restrictions

In June 2022, the U.S. Supreme Court overturned Roe v. Wade, which had protected the federal Constitutional right to abortion since 1973. This decision gave states the power to restrict or prohibit abortion, and as of October 2024, abortion is illegal in 13 states.

• Pre-viability gestational bans: laws that prohibit abortion before the foetus is viable outside the womb, which is usually around 24 weeks.
• Bans on specific methods of abortion care, such as dilation and extraction (D&X) and dilation and evacuation (D&E) procedures.
• Bans on abortion for particular reasons, such as the sex or race of the foetus. However, there is no evidence that people seek abortions for these reasons.
• Criminalisation of self-managed abortion (SMA): some states criminalise people who end their pregnancies outside of a healthcare setting.
• Targeted Regulation of Abortion Providers (TRAP): laws that single out physicians who provide abortion care and impose burdensome legal requirements that are different from those imposed on physicians who provide other types of care.
• Parental involvement laws: laws that require providers or clinics to notify or get the consent of parents or legal guardians before a young person can have an abortion.
• Mandatory waiting periods, mandatory ultrasounds, and biased counselling: laws that require pregnant people to receive counselling or an ultrasound, and/or wait a specified amount of time, before they can receive abortion care. These laws seek to dissuade people from having abortions and do not serve any medical purpose.
• Bans on public funding for abortion: for example, the Hyde Amendment prohibits federal funding for abortion, and has been renewed every year since 1976.

Public opinion on abortion

A 2024 Pew Research Center survey found that 63% of US adults believe abortion should be legal in all or most cases, while 36% say it should be illegal in all or most cases. This support for legal abortion is the highest it has been since 1995 when the same question was asked in surveys. The survey also revealed that 19% of Americans believe abortion should be legal in all cases with no exceptions, while only 8% say it should be illegal in all cases without exception.

The survey highlighted that most Americans do not hold absolutist views on abortion, with 71% saying their support for or opposition to abortion depends on the circumstances. For example, while 61% of respondents said abortion should be legal in all or most circumstances, 56% of them also believed that the timing of the abortion (i.e., the stage of pregnancy) should be a factor in determining its legality. Similarly, 56% of those who generally support legal abortion believe that parental consent should be required for minors seeking abortions.

The survey also revealed partisan differences in views on abortion, with Democrats more likely than Republicans to support legal abortion in most or all cases. However, it is worth noting that majorities of both parties say there are instances where abortion should be legal and instances where it should be illegal.

Additionally, the survey found that women are more likely than men to have thought "a lot" about abortion and are more likely to know someone who has had an abortion. However, there are only modest gender differences in views on the legality of abortion, with majorities of both men and women expressing support for legal abortion.

Another notable finding is the influence of religion on views about abortion. White evangelical Protestants are the most opposed to abortion, with 73% believing it should be illegal in all or most cases. In contrast, religiously unaffiliated Americans overwhelmingly support legal abortion (86%), as do majorities of Black Protestants (71%), White nonevangelical Protestants (64%), and Catholics (59%).

While the above focuses on the US, abortion is a topic of debate worldwide, with varying opinions across different countries and regions. Unfortunately, I do not currently have access to sufficient data to provide a detailed global overview of public opinion on abortion. However, it is worth noting that attitudes towards abortion are influenced by cultural, religious, and societal factors, which differ across the world.

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