New York's Abortion Law: Who Made It Happen?

Abortion has been legal in New York since 1970, three years before the landmark Roe v. Wade ruling. In 2022, the Supreme Court overturned Roe v. Wade, but abortion rights in New York remain protected under state law. In 2019, New York's Democratic-controlled legislature passed the Reproductive Health Act, which expanded access to abortion services and allowed abortions after 24 weeks if a woman's health or life is at risk, or the fetus is not viable. In 2024, New Yorkers will vote on Proposition 1, also known as the Equal Rights Amendment, which aims to enshrine abortion rights in the state constitution.

Abortion in New York has been legal since 1970

In New York, abortion is legal until the 24th week of pregnancy, after which a physician's approval is required. The Reproductive Health Act, passed in 2019, allows abortions past the 24th week if the pregnant individual's life or health is at risk, or if the fetus is not viable. As the law carries no criminal penalties for the pregnant individual, abortion is effectively legal throughout pregnancy.

The legalization of abortion in New York came about as a result of a nationwide effort to reform abortion laws in almost every state. In 1969, the National Association for the Repeal of Abortion Laws (NARAL) was established in Chicago, becoming the first national group to campaign for the legalization of abortion. The following year, on April 10, 1970, the New York Senate passed a law decriminalizing abortion in most cases, with Republican Governor Nelson A. Rockefeller signing the bill into law the next day.

New York was the second state, after Hawaii, to enact landmark abortion law legislation. Unlike Hawaii, New York's abortion law did not have a 90-day residency requirement, meaning that in the first two years after abortion was legalized in the state, two-thirds of the abortions performed in New York were on patients who had traveled from other states.

Today, abortion rights in New York are protected under state law, and Governor Kathy Hochul is fighting to preserve and strengthen these rights. In November 2024, New Yorkers will vote in a referendum on whether to amend the state constitution to protect the right to abortion.

The Reproductive Health Act allows abortions after 24 weeks if a foetus is not viable or a mother's health is at risk

The Reproductive Health Act (RHA) was passed in New York in 2019. It allows abortions after 24 weeks if the foetus is not viable or the mother's health is at risk. The RHA repealed a pre-Roe provision that banned third-trimester abortions, except in cases where the continuation of the pregnancy endangered a pregnant woman's life.

The RHA was passed in the New York State Senate by a vote of 38-24 on January 22, 2019, the 46th anniversary of the United States Supreme Court's Roe v. Wade ruling. The state Assembly passed the RHA, 92-47, on the same day. It was signed into law by Governor Andrew Cuomo that evening.

The RHA legalises abortions on demand up to 24 weeks of gestation. Beyond 24 weeks, abortion is legal if the woman's life or health is at risk, or if the foetus is not viable. The terms "health", "at risk", and "viable" are not defined in the RHA, and it is left to the discretion of the woman's medical provider to determine her health risk and the foetus's viability.

The RHA was criticised for removing abortion from the criminal code, with potential consequences for crimes against pregnant women. However, supporters argued that the bill was necessary to codify abortion rights in the state and take abortion out of the state criminal code, placing it in public health law instead.

Abortion has been legal in New York State since 1970, three years before the Roe v. Wade decision legalised abortion across the United States. As abortion rights are under attack in certain states and at the federal level, Governor Kathy Hochul is fighting to preserve and strengthen these rights in New York State.

New York's abortion laws are less restrictive than in other states

New York's abortion laws are notably more relaxed than those in other states, which often impose waiting periods, detailed consent and counseling mandates, and other regulations on abortion providers and patients. In New York, there are no barriers to reproductive healthcare, including the decision to terminate a pregnancy. This means that, if you choose to have an abortion, you are not required to obtain consent from a partner, parent, or guardian. There is also no mandated counseling or waiting period before accessing abortion services.

In New York, abortion is legal within the first 24 weeks of pregnancy. After 24 weeks, abortion is legal if the fetus is not viable or if the procedure is necessary to protect the patient's life or health, including their mental health. This is in contrast to the laws in other states, which may prohibit abortion after a certain number of weeks or impose stricter requirements for abortions occurring later in the pregnancy.

New York has also enacted shield laws to protect those seeking abortions from civil and criminal litigation from their home state. Additionally, New York requires insurance coverage of abortion and prohibits interference with healthcare services, ensuring that individuals can access and provide reproductive healthcare services without obstruction.

The abortion laws in New York reflect the state's commitment to protecting reproductive rights and ensuring that abortion remains safe, legal, and accessible for all who need it.

New York's abortion laws are protected from federal decisions to limit access

New York has a long history of legal abortion, with the state enacting a law in 1970 that made abortion legal—three years before the Roe v. Wade decision legalized abortion across the United States. In 2019, New York passed the Reproductive Health Act, which further protected access to reproductive rights and expanded the list of legal exceptions for performing an abortion past 24 weeks.

Because abortion rights are currently under attack in certain states and at the federal level, Governor Kathy Hochul is fighting to preserve and strengthen these rights in New York State. In June 2024, the U.S. Supreme Court ruled to keep medication abortion available and accessible to women across America. However, this ruling does not impact New York State, as abortion rights are codified in New York State law. As a result, federal decisions to limit access to abortion will not impact the state.

In New York, abortion is legal within the first 24 weeks of pregnancy. After 24 weeks, abortion is legal when there is an absence of fetal viability or when necessary to protect the patient's life or health, including their mental health. This can be determined by a physician. The Reproductive Health Act also allows certain healthcare professionals who aren't doctors, such as physician assistants, nurse practitioners, and midwives, to provide abortion services.

New York has also enacted shield laws to protect those seeking an abortion in the state from civil and criminal litigation from their home state. Additionally, the state requires insurance coverage of abortion, with Medicaid and all state-regulated private health insurance plans mandated to cover abortions. New York also prohibits interference with healthcare services and has specific criminal laws to prevent individuals from interfering with or blocking access to those seeking reproductive healthcare services, including abortion.

In November 2024, New Yorkers will vote in a referendum on whether to amend the state constitution to protect the right to abortion. This amendment, known as Proposition 1 or the Equal Rights Amendment, aims to expand protections from discrimination based on sex, sexual orientation, gender identity, and reproductive healthcare. If passed, the right to an abortion and protection against discrimination based on factors such as disability, gender, sexuality, and ethnicity will be added to the New York State Constitution.

New York voters will decide on a referendum to amend the state constitution to protect abortion rights

In November 2024, New York voters will decide on a referendum to amend the state constitution to protect abortion rights. This referendum, known as Proposition 1 or the Equal Rights Amendment, aims to expand protections from discrimination based on sex, sexual orientation, gender identity, and reproductive healthcare choices. While abortion rights are not explicitly mentioned in the ballot question, supporters of the amendment argue that it is necessary to safeguard abortion rights in the state constitution, especially since Roe v. Wade was overturned in 2022.

New York has a history of being a pioneer in abortion law legislation. In 1970, three years before Roe v. Wade, New York legalized abortion up to the 24th week of pregnancy. Additionally, the Reproductive Health Act, passed in 2019, allows abortions after the 24th week if the pregnant individual's life or health is at risk or if the fetus is not viable. However, supporters of the amendment argue that there is no legal "right" to abortion in New York, and that is what they aim to establish with this referendum.

The proposed amendment has sparked debates, with supporters arguing that it will strengthen abortion rights and make it harder for future politicians to limit these rights. On the other hand, opponents, including the state Republican Party and groups like the Coalition to Protect Kids-NY, argue that the amendment goes too far by adding more than just abortion rights to the list of protected groups. They also claim that it could impact parental decision-making in their children's healthcare and allow transgender girls to play in girls' high school sports teams.

The amendment has also faced legal challenges, with a New York judge ruling against including the words "abortion" and "LGBT" on the ballot, despite pressure from Democrats. Nevertheless, the referendum will go ahead, and New Yorkers will have the final say on whether to add these protections to the state constitution.

Governor Kathy Hochul has vowed to protect abortion rights in New York and has committed financial support to the campaign for Proposition 1. With Democrats firmly in control of the state government, any new restrictions on abortion rights seem unlikely. However, the referendum highlights the ongoing battle over abortion rights and the efforts to safeguard them in state constitutions across the country.

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