|
Help |
Site Map
|
Grandparenting
AS OF APRIL 4, 2022
Background
Changes to the makeup of the U.S. Supreme Court in 2018 raise the possibility that Roe v. Wade could be severely undermined — or even overturned — essentially leaving the legality of abortion to individual states. A reversal of Roe could establish a legal path for states’ pre-1973 abortion bans, as well as currently unenforced post-1973 bans, to take effect.
Many state lawmakers continue to consider and enact abortion bans that fly in the face of constitutional standards and Roe’s precedent in anticipation of an eventual lawsuit on such a ban coming before a Supreme Court hostile to abortion rights.
Some bans prohibit abortion under all or nearly all circumstances, a tactic widely viewed as an attempt to provoke a legal challenge to Roe. Several of this type of ban that were passed by states have been blocked by court orders and would require further court action to be enforced.
Other bans enacted after Roe are designed to be “triggered” and take effect automatically or by swift state action if Roe is overturned. Several states even have laws declaring the state’s intent to ban abortion to whatever extent is permitted by the U.S. Constitution, making their desire to halt abortion access in the state clear. A few states have amended their constitution to declare that it does not contain any protection for abortion rights or allow public funds to be used for abortion.
Meanwhile, policymakers in some states have approved laws to protect abortion rights without relying on the Roe decision. Most of these policies prohibit the state from interfering with the right to obtain an abortion before viability or when necessary to protect the life or health of the pregnant person.
Visit our state legislation tracker for policy activity on all sexual and reproductive health topics.
Highlights
- 23 states have laws that could be used to restrict the legal status of abortion.
- 9 states retain their unenforced, pre-Roe abortion bans.
- 13 states have post-Roe laws to ban all or nearly all abortions that would be triggered if Roe were overturned.
- 9 states have unconstitutional post-Roe restrictions that are currently blocked by courts but could be brought back into effect with a court order in Roe’s absence.
- 7 states have laws that express the intent to restrict the right to legal abortion to the maximum extent permitted by the U.S. Supreme Court in the absence of Roe.
- 4 states have passed a constitutional amendment explicitly declaring that their constitution does not secure or protect the right to abortion or allow use of public funds for abortion.
- 16 states and the District of Columbia have laws that protect the right to abortion.
- 4 states and the District of Columbia have codified the right to abortion throughout pregnancy without state interference.
- 12 states explicitly permit abortion prior to viability or when necessary to protect the life or health of the pregnant person.
Printer-friendly version
TOPIC
GEOGRAPHY
- Northern America: United States
- Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming
Related Content
Guttmacher Policy Review
*State Policy Resources: The Guttmacher Institute monitors and analyzes state policy developments—including legislative, judicial and executive actions — on a broad range of issues related to sexual and reproductive health and rights. These resources, on such issues as access to and availability of abortion, contraceptive services and sex education, are updated regularly to provide a comprehensive picture of the state policy landscape.
Margaret Cullison writes: I met one of my most memorable friends at a time when I needed a good friend. I’d just moved to the San Francisco Bay area and, while still unpacking the moving boxes, my husband told me he wanted a divorce. After thirteen years of marriage and four children, we’d drifted apart but still his announcement knocked me off balance. Since my teenage years I’d made fleeting attempts to write fiction and poetry, so I decided to nurture that interest by taking a creative writing class. When we’d finished writing, we took turns reading our character sketches aloud. That’s how I learned that the woman I’d written about had also chosen me as her subject. At the break, she and I talked about the coincidence, as yet unaware that a meaningful friendship would grow out of that synchronicity. more »
Bills Introduced: A bill to amend the Child Abuse Prevention and Treatment Act to provide for better protections for children raised in kinship families outside of the foster care system; A bill to amend the Children's Online Privacy Protection Act of 1998; A bill to improve the effectiveness of tribal child support enforcement agencies; A bill to require the Federal Communications Commission to incorporate data on maternal health outcomes into its broadband health maps; A bill to direct the Secretary of Health and Human Services to conduct a study to assess the unintended impacts on the health and safety of people engaged in transactional sex; A bill to direct the secretary of Veterans Affairs to provide abortion counseling to a veteran who has an unwanted pregnanc; A bill to amend the Children's Online Privacy Protection Act of 1998
more »
"The Office on Violence Against Women provides leadership in developing the nation’s capacity to reduce violence through the implementation of the Violence Against Women Act and subsequent legislation. Created in 1995, OVW administers financial and technical assistance to communities across the country that are developing programs, policies and practices aimed at ending domestic violence, dating violence, sexual assault and stalking. In addition to overseeing federal grant programs, OVW undertakes initiatives in response to special needs identified by communities facing acute challenges. Learn more at www.justice.gov/ovw."
The U.S. Department of Justice Office on Violence Against Women (OVW) today announced awards to 11 Indian Tribal governments to support them in exercising special domestic violence criminal jurisdiction (SDVCJ). The Violence Against Women Reaut… more »
"Could arts engagement have protective associations with survival? We analysed the longitudinal relation between receptive arts engagement and mortality across a 14 year follow-up period in a nationally representative sample of adults aged 50 and older. Risk of dying at any point during the follow-up period among people who engaged with cultural activities on an infrequent basis (once or twice a year) was 14% lower than in those with no engagement; for those who engaged on a frequent basis (every few months or more), the risk was 31% lower." more »
|
|
