 "Abortion rights activist protests during a Pro Choice rally near the Tucson Federal Courthouse in Tucson, Arizona, 4 July 2022. AFP File Photo")
Abortion rights are set to be a major issue in the upcoming United States presidential elections. After the US Supreme Court overturned the constitutional right to abortion across the country in June 2022, dozens of states have banned or restricted access to terminate pregnancies.
Millions of women of reproductive age are living in states where abortion has been made largely illegal. Now, the Arizona Supreme Court has ruled in favour of a 160-year-old dormant law that bans nearly all abortions.
Let’s take a closer look.
States where abortion is banned
Abortion is outlawed in at least 16 states in the US.
Abortion is illegal in Alabama with no exceptions for rape or incest. The procedure is allowed only if the life of the woman is at risk or if there is a lethal foetal anomaly.
Arkansas bans abortion in all cases, with the only exception to save the patient’s life.
Abortion is barred in Idaho except if the mother’s life is in danger or cases of rape or incest, noted Politico.
Indiana has outlawed terminating a pregnancy in nearly all circumstances, with only limited exceptions. Last August, the Indiana Supreme Court upheld the near-total ban on abortion imposed in the state after the 2022 US top court ’s ruling. Residents have filed a separate challenge to the ban arguing it violates a state law protecting religious freedom.
Kentucky has restricted abortion in all circumstances except to save the life of the pregnant person. The state’s ban was briefly blocked in court but restored by an appeals court in August 2022, reported Politico.
Impact Shorts
More ShortsLouisiana has imposed a near-total ban on abortion. It allows the procedure only if the woman’s life is in jeopardy or only in some cases of lethal foetal anomaly which would make a pregnancy “medically futile”, as per Politico.
Abortion is illegal in Texas, Tennessee, Missouri, Oklahoma and South Dakota in nearly all cases. North Dakota completely bans abortion but for exceptions for rape and incest in the first six weeks of pregnancy, as per CNN.
Abortion is illegal in Mississippi with an exception for rape but not incest.
West Virginia implemented a near-total abortion ban in September 2022. Last August, a federal judge ruled that the state can restrict the sale of abortion pills.
States with gestational limit
The Arizona Supreme Court’s verdict on Tuesday (9 April) has paved the way for barring abortion in almost all circumstances. Upholding the 1864 ban, the court said Arizona could enforce the law that allows abortions only to save the mother’s life and offers no exceptions for rape or incest, as per The Guardian.
However, this law, which was first passed before Arizona became a state, has been put on hold for 14 days. It is unclear when and whether the 160-year-old law will be enforced, according to Politico. For now, Arizona allows abortion until 15 weeks of pregnancy.
Florida currently allows abortion until 15 weeks of pregnancy with some exceptions. However, this 15-week ban will be replaced by a six-week ban on 1 May.
Abortion is accessible in Utah until 18 weeks of pregnancy. Georgia and South Carolina ban abortion after six weeks of pregnancy, with some exceptions.
Kansas has access to abortion until 22 weeks of pregnancy, while Massachusetts allows it till 24 weeks. Abortion is legal in North Carolina until 12 weeks of pregnancy with some exceptions.
The procedure is not allowed in Nebraska after 12 weeks of pregnancy, except if the life of the mother is at risk or in cases of rape or incest. Abortion is legal in Nevada and New Hampshire until 24 weeks after pregnancy.
Legal for now
Iowa permits abortion until 22 weeks of pregnancy. In 2019, an Iowa district court blocked a law banning abortions after six weeks of pregnancy. The Iowa Supreme Court upheld the decision in 2023. Lawmakers passed a similar legislation restricting abortion access last summer, which is pending review by the state Supreme Court, as per Politico.
Abortion is legal in Wisconsin reportedly until 22 weeks of pregnancy. In July 2023, a state judge ruled that Wisconsin’s 1849 law does not ban abortion but only criminalises foeticide, reported Politico. The case could now come up before the Wisconsin Supreme Court.
Wyoming allows abortion until viability. A new abortion ban was passed by Republican lawmakers last March but it was blocked by a state jugde. The same judge also temporarily blocked another law in June that explicitly barred the use of abortion pills, reported New York Times (NYT).
US states where abortion is legal
Abortion is legal in 26 states and Washington DC, with some adding new legal protections after the 2022 US Supreme Court verdict.
Abortion is legal in Alaska without any gestational limit. The state’s Supreme Court has recognised a right to “reproductive choice” under its Constitution, reported NYT.
New Jersey, New Mexico, Oregon, Vermont, Colorado and Washington, DC also allow abortion throughout pregnancy. In Washington, DC, a 2023 law protects providers and patients from legal action by other jurisdictions, as per the NYT report.
New York allows abortion till 24 weeks after fertilisation, unless foetus is not viable or the patient’s life or health is at risk, as per NBC News. The state’s law protects abortion access.
Abortion in Pennsylvania is legal until 24 weeks of pregnancy. Washington’s state law shields abortion which is permitted until viability.
Delaware, Rhode Island, Maine, Minnesota, Virginia, Ohio, California, Connecticut, Hawaii, Illinois, Maryland and Michigan allow abortion until viability.
With inputs from agencies