How does the Roe v. Wade decision affect my state?

 

last updated June 29, 2022

 

On June 24th, 2022 The Supreme Court of the United States ruled, in a 6-3 decision, to overturn Roe v. Wade. Not only does this take away the bodily autonomy and reproductive healthcare rights of millions of individuals, but it also threatens the 14th Amendment — a constitutional right that also protects LGBTQIA+ rights, interracial marriage and even contraceptive use. Because the U.S. Supreme Court has decided to abolish the constitutional right to safe, legal abortion, this will give states more permission to protect, restrict, or prohibit abortion altogether. Almost half of U.S. states will likely pass new laws that are as restrictive as possible, denying women of critical reproductive healthcare, and criminalizing women and anyone even suspected of assisting women who seek to obtain an abortion.

Because it will be up to each state to decide how they handle reproductive access and care, it becomes even more critical to look to those representing us on a state and local level. Where do your representatives stand on safe abortions and reproductive rights? Your vote determines who you think should be deciding the fate of your or someone you love’s uterus!

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Curious about what the regulations in your state might look like? Check out our list below!

Alabama: Hostile

The Alabama Human Life Protection Act was signed into law by the governor in 2019; it is one of the “trigger laws'' that is currently blocked but will go into immediate effect with the SCOTUS ruling. This Act is a near-total ban on abortion with exceptions only for medical emergencies to save the pregnant person’s life. It makes abortion and attempted abortion a felony. Rape and incest are not exceptions to this law. 

Closest state(s) with legally protected abortion: Florida, Illinois   

Alaska: Protected

No change. Abortion is legal and will remain legal. Alaska legalized abortion prior to Roe v. Wade. The Alaska Supreme Court ruled in 1997 that the state constitution’s privacy clause protects a woman’s right to abortion, and that this choice is independent from what happens at a federal level.

Arizona: Hostile

No immediate legal change; however, in the uncertainty after Roe, multiple providers within the state have suspended all abortion procedures. There is a 1901 abortion ban on the books that has explicitly not been repealed. The only exception to this ban is in the case of a medical emergency to save the pregnant person’s life. The Arizona Legislature is expected to pass a new law this session that bans all abortion.

Closest state(s) with legally protected abortion: California, Nevada, Colorado

Arkansas: Hostile

One of the states with a “trigger law” that is currently blocked but will go into immediate effect with the SCOTUS ruling. The only exception to this near-total ban on abortion is in the case of a medical emergency to save the pregnant person’s life. 

Closest state(s) with legally protected abortion: Kansas, Illinois, Florida  

California: Expanded Access

No change. Abortion is legal and will remain legal. California constitutional laws protect the right to abortion independent from what happens at a federal level. In light of the SCOTUS ruling, California leaders are currently seeking a constitutional amendment to enshrine abortion rights.

Colorado: Protected

No change. Abortion is legal and will remain legal. The Reproductive Health Equity Act was signed into law by the governor in April 2022; it enshrines the legal right to abortion and contraceptive medicines.

Connecticut: Expanded Access

No change. Abortion is legal and will remain legal. Abortion is protected by Connecticut state laws, and additional laws have been enacted to expand abortion access.

Delaware: Protected

No change. Abortion is legal and will remain legal. State laws protect the legal right to abortion.

Florida: Protected

No change. Abortion is legal and will remain legal, though as of July 1, 2022, a ban will be enforced on abortions past 15 weeks. Exceptions to the 15 week ban are in cases of medical emergency to save the pregnant person’s life, or in cases of fatal fetal abnormality. The Florida Supreme Court has recognized that the right to abortion is protected under the Florida Constitution. Nevertheless, abortion rights advocates point to the fact that the Florida legislature has passed abortion restrictions every single year since 2012, and that this new 2022 ban shortening the legal access window from 24 weeks down to 15 is critical evidence that no rights are completely guaranteed. Florida is also an important state to watch considering that in a post-Roe reality, it is the only geographically close state with legal abortion for patients in the Southeastern states.   

Georgia: Hostile 

A de facto “trigger law” is in place. Post-Roe clears the way for Georgia’s 2019 abortion ban to take effect and, in that case, abortions will be banned past 6 weeks. Exceptions to the ban include cases of medical emergency to save the pregnant person’s life, miscarriage and ectopic pregnancy, fatal fetal abnormalities, and cases of rape or incest provided the patient has filed a police report beforehand.    

Closest state(s) with legally protected abortion: Florida, Virginia  

Hawaii: Expanded Access

No change. Abortion is legal and will remain legal. Hawaii legalized abortion prior to Roe, and has enacted laws to further expand abortion access.  

Idaho: Hostile

One of the states with a “trigger law” that is currently blocked but will go into effect 30 days after the SCOTUS ruling. The exceptions to this near-total ban on abortion are in cases of medical emergency to save the pregnant person’s life, and in cases of rape and incest provided that it was reported to law enforcement and a copy of the police report is given to the performing physician. Similar to laws in Texas and Oklahoma, the Idaho ban goes further by allowing for private citizens to sue abortion providers or anyone who helps a pregnant person obtain an abortion.

Closest state(s) with legally protected abortion: Oregon, Washington, Montana 

Illinois: Expanded Access

No change. Abortion is legal and will remain legal. Extensive abortion rights legislation was enacted by state lawmakers in 2019. The right to an abortion is protected under the state’s constitution, which the Illinois Supreme Court has recognized. 

Indiana: Hostile

No immediate change. Abortion is currently legal up to 20 weeks; beyond 20 weeks, it is permitted only in cases of medical emergency to save the pregnant person’s life. Post-Roe, Indiana lawmakers will likely work to prohibit abortion. 

Closest state(s) with legally protected abortion: Illinois  

Iowa: Hostile

No immediate change. Abortion remains legin in Iowa up to 20 weeks. However, in June 2022, the Iowa Supreme Court reversed its 2018 ruling and has now ruled that abortion is not protected under the state’s constitution. This decision has paved the way for Iowa lawmakers to pass legislation that significantly restrict or outright ban abortion, which is their stated goal.    

Closest state(s) with legally protected abortion: Minnesota, Illinois, Kansas  

 

Kansas: Protected

No change. Abortion is legal and will remain legal; however, this is provided there is no amendment to the state’s constitution, which Republican lawmakers in Kansas are working towards. The legal right to an abortion is enshrined in the state’s constitution. 

Kentucky: Hostile 

One of the states with a “trigger law” that is currently blocked but will go into immediate effect with the SCOTUS ruling. The only exception to this near-total ban on abortion is in the case of medical emergency to save the pregnant person’s life. 

Closest state(s) with legally protected abortion: Illinois, Virginia   

Louisiana: Hostile

One of the states with a “trigger law” that is currently blocked but will go into immediate effect with the SCOTUS ruling. The only exception to this near-total ban on abortion is in the case of medical emergency to save the pregnant person’s life. 

Closest state(s) with legally protected abortion: Florida, Illinois  

Maine: Protected

No change. Abortion is legal and will remain legal. State laws protect the legal right to abortion. 

Maryland: Protected

No change. Abortion is legal and will remain legal. State laws protect the legal right to abortion.

Massachusetts: Protected

No change. Abortion is legal and will remain legal. The right to an abortion is protected under the state’s constitution, which the Massachusetts Supreme Court has recognized. The state passed further comprehensive abortion rights legislation in 2021.  

Michigan: Hostile

No immediate change. Abortion is legal and will remain so, but lawmakers will likely try to prohibit abortion despite a sitting pro-choice governor. There is an abortion ban “trigger law” on the state’s books from 1931, which if enforced would ban abortion in all cases except medical emergencies to save the pregnant person’s life. As of May 17, 2022, a Michigan judge ruled to block enforcement of this pre-Roe ban. Michigan courts have not decided if the right to an abortion is protected by the state’s constitution.  

Closest state(s) with legally protected abortion: Illinois 

Minnesota: Protected

No change. Abortion is legal and will remain legal. The Minnesota Supreme Court has recognized the right to abortion is protected under the Minnesota Constitution.  

Mississippi: Hostile

The state at the heart of the SCOTUS decision. Mississippi has multiple “trigger laws” that are currently blocked but will go into immediate effect post-Roe. The only exception to the near-total ban on abortion is in cases of medical emergency to save the pregnant person’s life and cases of fatal fetal abnormalities. 

Closest state(s) with legally protected abortion: Florida, Illinois  

Missouri: Hostile

One of the states with a “trigger law” that is currently blocked but will go into immediate effect with the SCOTUS ruling. The only exception to this near-total ban on abortion is in the case of medical emergency to save the pregnant person’s life. 

Closest state(s) with legally protected abortion: Illinois, Kansas  

Montana: Protected

No change. Abortion is legal and will remain legal. The Montana Supreme Court has recognized the legal right to abortion as protected under the state’s constitution. 

Nebraska: Hostile

No immediate change. Abortion is currently legal up to 20 weeks; beyond 20 weeks, abortion is permitted only in cases of medical emergency to save the pregnant person’s life. The state failed to pass the Nebraska Human Life Protection Act in early 2022, a “trigger law” that would have banned abortion in all cases except medical emergencies to save the pregnant person’s life. In a post-Roe reality, the state’s Republican governor has vowed to call a special session to pass a total abortion ban.   

Closest state(s) with legally protected abortion: Kansas, Colorado, Minnesota 

Nevada: Protected

No change. Abortion is legal and will remain legal. State laws protect the legal right to abortion. 

New Hampshire: Not protected

No change. Abortion is legal and will remain so, but without legal protection. Abortion will remain accessible, though state law does not explicitly protect the right to abortion. 

New Jersey: Expanded Access

No change. Abortion is legal and will remain legal. The New Jersey Supreme Court has recognized the legal right to abortion as protected under the state’s constitution. In 2022 the state enacted a statutory protection for abortion as a fundamental right.  

New Mexico: Not protected

No change. Abortion is legal and will remain so, but without legal protection. There was an abortion ban “trigger law” on the state’s books from 1969, but that statute was repealed in 2021. Abortion will remain accessible, though New Mexico courts have not decided if the right to an abortion is protected by the state’s constitution.  

New York: Expanded Access

No immediate change. Abortion is legal and will remain legal. State laws protect the legal right to abortion. New York enacted comprehensive abortion rights legislation in 2019. 

North Carolina: Hostile

No immediate change. Abortion is currently legal and will remain so. Post-Roe, lawmakers are working to reinstate a ban on abortions past 20 weeks. North Carolina lawmakers will likely try to pass legislation that further restricts abortion, though it remains uncertain. 

Closest state(s) with legally protected abortion: Maryland, Florida

North Dakota: Hostile

One of the states with a “trigger law” that is currently blocked but will go into effect 30 days after the SCOTUS ruling. The only exceptions to this near-total ban on abortion are in cases of medical emergency to save the pregnant person’s life and in cases of rape or incest. 

Closest state(s) with legally protected abortion: Minnesota, Montana  

Ohio: Hostile

Abortion is now illegal past 6 weeks. Only hours post-Roe, the state’s pro-life governor revived a bill banning all abortions past 6 weeks, with exceptions only in the case of medical emergency to save the pregnant person’s life. 

Closest state(s) with legally protected abortion: New York, Illinois  

Oklahoma: Hostile

As of May 2022, ahead of the SCOTUS ruling, already has the strictest abortion ban in the country. Abortions are fully illegal past 6 weeks; the ban goes further by allowing for private citizens to sue abortion providers or anyone who helps a pregnant person obtain an abortion.

Closest state(s) with legally protected abortion: Kansas, Colorado 

Oregon: Expanded Access 

No change. Abortion is legal and will remain legal. State laws protect the legal right to abortion. Oregon has enacted additional laws to expand abortion access. 

Pennsylvania: Hostile

No immediate change. Abortion up to 24 weeks is legal and will remain so, but without legal protection. Pennsylvania legislative moves regarding abortion law remain to be seen.  

Closest state(s) with legally protected abortion: New York, New Jersey, Maryland, Delaware

Rhode Island: Protected

No change. Abortion is legal and will remain legal. State laws protect the legal right to abortion. 

South Carolina: Hostile

Abortion is now illegal past 6 weeks. Post-Roe cleared the way for South Carolina’s 2021 abortion ban to take effect and, in that case, abortions are now banned past 6 weeks. Exceptions to the ban are in cases of medical emergency to save the pregnant person’s life and in cases of rape or incest.

Closest state(s) with legally protected abortion: Florida 

South Dakota: Hostile

One of the states with a “trigger law” that is currently blocked but will go into immediate effect with the SCOTUS ruling. The only exception to this near-total ban on abortion is in the case of medical emergency to save the pregnant person’s life. 

Closest state(s) with legally protected abortion: Minnesota, Montana  

Tennessee: Hostile

One of the states with a “trigger law” that is currently blocked but will go into effect 30 days after the SCOTUS ruling. The only exception to this near-total ban on abortion is in the case of medical emergency to save the pregnant person’s life.

Closest state(s) with legally protected abortion: Illinois  

Texas: Hostile

One of the states with a “trigger law” this is currently blocked but will go into effect 30 days after the SCOTUS ruling. This total ban on abortions after 6 weeks goes further by allowing for private citizens to sue abortion providers or anyone who helps a pregnant person obtain an abortion. 

Closest state(s) with legally protected abortion: Kansas, Colorado  

Utah: Hostile

One of the states with a “trigger law” that is currently blocked but will go into immediate effect with the SCOTUS ruling. The exceptions to this near-total ban on aboriton are in the case of a medical emergency to save the pregnant person’s life, in cases of incest or rape, and in cases of fatal fetal abnormalities.

Closest state(s) with legally protected abortion: Nevada, Colorado  

Vermont: Expanded Access

No change. Abortion is legal and will remain legal. State laws protect the legal right to abortion. Vermont enacted comprehensive abortion rights legislation in 2019. 

Virginia: Not protected

No change. Abortion is legal and will remain so, but without legal protection. In 2020, Virginia lawmakers repealed several restrictions on abortion access. 

Washington: Expanded Access

No change. Abortion is legal and will remain legal. State laws protect the legal right to abortion, and Washington has enacted policies to expand abortion access.  

West Virginia: Hostile

Abortion is currently legal up to 20 weeks; however, post-Roe, the only abortion-providing clinic in the state has halted all abortion procedures. In 2018, an amendment to the West Virginia Constitution was passed that proclaims there is no right to abortion under the state constitution. Without Roe in place, an 1842 law that bans and criminalizes abortion could be enforced; the only exception to this law is in cases of medical emergency to save the pregnant person’s life.   

Closest state(s) with legally protected abortion: Maryland

Wisconsin: Hostile

Abortion is currently legal up to 22 weeks, though in anticipation of the SCOTUS ruling, Planned Parenthood Wisconsin has stopped scheduling appointments for abortion procedures. Without Roe in place, an 1849 law that bans and criminalizes abortion could be enforced; the only exception to this law is in cases of medical emergency to save the pregnant person’s life.

Closest state(s) with legally protected abortion: Illinois, Minnesota 

Wyoming: Hostile

One of the states with a “trigger law” that is currently blocked but will go into immediate effect with the SCOTUS ruling. The only exceptions to this near-total ban on abortion are in the case of medical emergency to save the pregnant person’s life and in cases of incest or rape.

Closest state(s) with legally protected abortion: Colorado, Montana

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