We’ve detected that you’re using Internet Explorer. Please consider updating to a more modern browser to ensure the best user experience on our website.
State Name
United States Abortion Law Map by State

Map Legend

Law banning abortion in effect Post-Dobbs
Heartbeat bill banning abortion after heartbeat detected
Pre-Roe abortion ban statute
State constitutional protection of life
Post-Dobbs laws restricting abortion
Post-Dobbs laws expanding abortion
State constitutional “right” to abortion
No abortion restrictions at any stage of gestation
Other
Under Litigation
State-by-State Analysis

Source: ACLJ’s Protection of Life Across the Country Memo. Please see the full memo for a thorough legal analysis of each state and the methodology of reaching these conclusions.

Alabama
Law banning abortion in effect Post-Dobbs
Pre-Roe abortion ban statute
State constitutional protection of life

An amendment to the Alabama Constitution, which was enacted in 2018, declares that “it is the public policy of this state to recognize and support the sanctity of unborn life and the rights of unborn children, including the right to life,” and “to ensure the protection of the rights of the unborn child in all manners and measures lawful and appropriate.” The provision also states that “[n]othing in this constitution secures or protects a right to abortion or requires the funding of an abortion.”

A statute that pre-dates Roe prohibits abortion except when necessary to preserve the mother’s life or health. Ala. Code § 13A-13-7. In 2019, Alabama enacted the Human Life Protection Act, which makes it illegal to provide abortions except “to prevent a serious health risk to the unborn child’s mother.” Ala. Code § 26-23H-4. This statute is enforceable in light of Dobbs.

Alaska
State constitutional “right” to abortion

The Alaskan Supreme Court has ruled that the right to an abortion is a fundamental right protected by the Alaskan Constitution. Valley Hosp. Ass’n v. Mat-Su Coalition for Choice, 948 P.2d 963, 968-69 (Alaska 1997). Alaska voters will decide this fall whether a state constitutional convention should be held, and the right to abortion would be a likely subject of debate if a convention is held. Abortion rights will continue in Alaska, absent the enactment of a state constitutional amendment stating there is no abortion right.

Arizona
Law banning abortion in effect Post-Dobbs (Under Litigation)

A statute that pre-dates Roe prohibits abortion except to save the mother’s life. Ariz. Rev. Stat. § 13-3603 (formerly Ariz. Rev. Stat. para. 243-44 (1901)). Ariz. Rev. Stat. § 13-3603. This statute was held unconstitutional in light of Roe. Nelson v. Planned Parenthood Ctr., 19 Ariz. App. 142, 505 P.2d 580 (Ct. App., Div. Two 1973). The statute is once again before the court. The ACLJ has submitted an amicus brief requesting the court reverse its former judgment and lift the injunction from the statute so it can be enforced. Planned Parenthood Arizona, Inc., v. Mayes.

A statute enacted in 2012 that bans abortion of a fetus of at least 20 weeks of age, except in a medical emergency, has been enjoined. Isaacson v. Horne, 716 F.3d 1213 (9th Cir. 2013).

Effective September 2022, Arizona enacted a new ban on most abortions after 15 weeks of pregnancy. A.R.S. § 36-2322. One of the issues being addressed in Planned Parenthood Arizona, Inc., v. Mayes is whether the pre-Roe statute and the 15 week ban are compatible, or if the 15-week ban overrides the statutory ban on abortion.

Arkansas
Law banning abortion in effect Post-Dobbs
State constitutional protection of life (Under Litigation)

Amendment 68, § 2 of the Arkansas Constitution, enacted in 1988, states that “[t]he policy of Arkansas is to protect the life of every unborn child from conception until birth, to the extent permitted by the Federal Constitution.” Arkansas’ pre-Roe broad prohibition of abortion (Ark. Code Ann. § 5-61-102) is still on the books, but has been enjoined from being enforced against physicians. Smith v. Bentley, 493 F. Supp. 916 (W.D. Ark. 1980). The state can seek to have the injunction lifted in light of Dobbs.

In 2019, Arkansas enacted the “Human Life Protection Act,” which bans abortion “except to save the life of a pregnant woman in a medical emergency.” Ark. Code Ann. §§ 5-61-301 et seq. The Act has taken effect in light of the Dobbs decision. 2019 Ark. Acts 180, § 2.

California
State constitutional “right” to abortion
Post-Dobbs laws expanding abortion

In California, there is a statutory right and, as of the November 2022 election, a constitutional right, to an abortion. The state will not deny or interfere with that right except in limited circumstances such as after viability or when the abortion is performed by someone who is not an authorized health care provider. Abortion is permitted when necessary to protect the life or health of the woman. Calif. Health & Safety Code § 123462. The right to an abortion will remain in California, absent legislative changes. 

In September 2022, California enacted AB 2223. This law prevents coroners from investigating deaths “related to or following known or suspected self-induced or criminal abortion,” including deaths of babies during the “perinatal” period – which is up to 28 days after birth. Effectively, this law legalizes some forms of infanticide.

Colorado
No abortion restrictions at any stage of gestation
Post-Dobbs laws expanding abortion

In Colorado, legislation passed in 2022 sets forth a statutory right to an abortion through all nine months of pregnancy. A ballot initiative (Number 56) to prohibit most abortions in Colorado did not collect enough signatures. Meanwhile, the state has passed legislation (SB23-190) subjecting health-care providers to discipline for unprofessional conduct for prescribing medication with the intent to reverse a chemical abortion. This new law is under a legal challenge and is not currently enforceable. The existing statutory abortion right in Colorado will remain, absent legislative changes.

Connecticut

In Connecticut, state law provides that “[t]he decision to terminate a pregnancy prior to the viability of the fetus shall be solely that of the pregnant woman in consultation with her physician,” and “[n]o abortion may be performed upon a pregnant woman after viability of the fetus except when necessary to preserve the life or health of the pregnant woman.” Conn. Gen. Stat. § 19a602(a)-(b). The right to an abortion will remain in Connecticut, absent legislative changes.

Delaware

In Delaware, there is a statutory right to an abortion before viability, which will continue, absent legislative changes. Del. Code, Title 24, § 1790(a). After viability, abortion is prohibited unless necessary for the health or life of the mother, “or in the event of a fetal anomaly for which there is not a reasonable likelihood of the fetus’s sustained survival outside the uterus without extraordinary medical measures.”

District of Columbia
No abortion restrictions at any stage of gestation

In the District of Columbia, there is a statutory right to abortion, and that right is not limited to pre-viability. D.C. Code § 2-1401.06. The District of Columbia is unique, as it is federal land, and, thus, subject to the oversight of the federal government. As such, abortion within the District of Columbia can be regulated by Congress. U.S. Const. art. I, § 8, cl. 17.

Florida
Heartbeat bill banning abortion after heartbeat detected (Under Litigation)
Law banning abortion in effect Post-Dobbs (Under Litigation)
State constitutional “right” to abortion

The Supreme Court of Florida has held that the right of privacy contained in Article I, Section 23 of the state constitution is implicated by abortion restrictions, and such restrictions are subject to strict scrutiny and are presumptively unconstitutional. Gainesville Woman Care, LLC v. State, 210 So. 3d 1243 (Fla. 2017); N. Fla. Women’s Health & Counseling Servs., Inc. v. Florida, 866 So. 2d 612 (Fla. 2003); In re T.W., 551 So. 2d 1186 (Fla. 1989).

In 2022, Florida enacted a ban on abortions after 15 weeks (with a few exceptions), which was scheduled to take effect in July 2022. Fla. Stat. § 390.0111. Challenges to the 15-week ban have been accepted for review by Florida’s Supreme Court. In April 2023, Florida also enacted a “The Heartbeat Protection Act,” which is more restrictive, prohibiting abortions beyond 6 weeks. The Florida Supreme Court’s decision regarding the 15-week ban will address the standard made obsolete by Dobbs used to evaluate abortion cases and have an effect on the enforceability of both the 15 and 6-week statutes.

Georgia
Heartbeat bill banning abortion after heartbeat detected (Under Litigation)

In 2019, a Georgia statute was enacted that bans abortion after there is a detectable fetal heartbeat, except in a few specific circumstances. Ga. Code Ann. § 16-12-141. Enforcement of these provisions has been enjoinedSisterSong Women of Color Reproductive Justice Collective v. Kemp, 472 F. Supp. 3d 1297 (N.D. Ga. 2020), but the state can seek to have the injunction lifted in light of Dobbs. Georgia’s Supreme Court has once again heard arguments on the constitutionality of the heartbeat law.

Hawaii

In Hawaii, there is a statutory right to an abortion before viability and at any time to protect the life or health of the mother. Haw. Rev. Stat. § 453-16(c). The state decriminalized abortion before Roe. This right to an abortion will remain in Hawaii, absent legislative changes

Idaho
Heartbeat bill banning abortion after heartbeat detected

In 2020, Idaho enacted a statute that bans abortions with a few exceptions. Idaho Code § 18-622. The statute will take effect 30 days after the issuance of the judgment in Dobbs. Idaho enacted a ban on abortions where a fetal heartbeat is detected, with certain exceptions (Senate Bill 1309). 

The state’s abortion restrictions withstood three challenges, as Idaho’s Supreme Court upheld the laws in January 2023.

In April 2023, the state passed legislation making it illegal to help a minor get an out-of-state abortion.

Meanwhile, the state is still in the midst of several other ongoing cases pertaining to abortion waged by the federal government, the Satanic Temple, and Planned Parenthood.

Illinois
State constitutional “right” to abortion
Post-Dobbs laws expanding abortion

In 2013, the Supreme Court of Illinois held that there is a constitutional right to abortion. Hope Clinic for Women, Ltd. v. Flores, 991 N.E.2d 745, 760 (Ill. 2013).

In Illinois, there is a statutory right to an abortion, 775 Ill. Comp. Stat. 55/1-15(b), which will remain in effect, absent legislative changes. Moreover, “[a] fertilized egg, embryo, or fetus does not have independent rights under the laws of [Illinois].” After viability, abortion is allowed only if “the abortion is necessary to protect the life or health of the patient.” 

Pro-abortion sentiment is strong within the state’s government which is pushing for more radical laws. At the beginning of 2023, HB 4664 was signed into law to expand access to abortion and protect abortion providers.

Indiana
Law banning abortion in effect Post-Dobbs (Under Litigation)

In August 2022, Indiana enacted a near-total abortion ban – the first abortion ban enacted since the Dobbs decision overturned Roe. Abortion would be allowed in cases of rape and incest, fatal fetal anomalies, and to protect the life and physical health of the mother.

Challenges to the state’s abortion restrictions are being brought by both Planned Parenthood and the Satanic Temple upon claims that the prohibitions are a violation of religious liberty.

Iowa
Heartbeat bill banning abortion after heartbeat detected (Under Litigation)

In 2018, the Supreme Court of Iowa held that the Iowa Constitution’s protection of liberty includes decisions whether to have an abortion, and state restrictions of abortion are subject to strict scrutiny. Planned Parenthood of the Heartland v. Reynolds ex re. State, 915 N.W.2d 206 (Iowa 2018). In light of this precedent, a state court struck down a statutory ban on abortions after a fetal heartbeat is detected. However, in a recent decision post Dobbs, the Supreme Court of Iowa overruled its 2018 decision and held that there “is no fundamental right to an abortion in Iowa’s Constitution.” Planned Parenthood of the Heartland, Inc. v. Reynolds, No. 21-0856 (Iowa June 17, 2022). The governor asked the state’s Supreme Court to reinstate the heartbeat law but in June 2023, the court issued a 3-3 decision which ultimately kept the law unenforceable while allowing abortion up to 20-weeks. Iowa Code § 146B.2(2)(a). The court declined to reconsider the matter unless the legislature reenacted the heartbeat law, which the legislature then did in July 2023.

The reenacted law was immediately challenged by the ACLU and Planned Parenthood, and the case is now pending before the Iowa Supreme Court to consider the reenacted law and its constitutionality post the overturning of Roe.

Kansas
State constitutional “right” to abortion

Kansas statutes prohibit (with exceptions) an abortion of “an unborn child having reached the gestational age of 22 weeks or more.” Kans. Stat. Ann. §§ 65-672365-6724(a)

In 2019, however, the Supreme Court of Kansas held that the state constitution’s Bill of Rights includes protection of a right to have an abortion, and abortion restrictions are subject to strict scrutiny. Hodes & Nauser, MDs, P.A. v. Schmidt, 440 P.3d 461 (Kan. 2019). On August 2, 2022, Kansas voters rejected a state constitutional amendment that would have provided that nothing in the constitution creates a right to abortion and that the legislature has the authority to pass laws restricting abortion. 

The state legislature has made some progress, enacting two new laws requiring that doctors care for infants born alive after an attempted abortion and that abortion providers disclose that, under certain circumstances, measures can be taken in an attempt to reverse a chemical abortion.

Meanwhile, the Kansas Supreme Court has heard arguments on whether the 2015 ban on dilation and evacuation abortions is enforceable in light of the 2019 Schmidt case.

Kentucky
Heartbeat bill banning abortion after heartbeat detected (Under Litigation)
Law banning abortion in effect Post-Dobbs

In 2019, Kentucky enacted a trigger ban, which placed a broad ban on abortion – with minimal exceptions – that has taken effect in light of the reversal of Roe. Ky. Rev. Stat. § 311.772.

Kentucky statute prohibits abortion after viability, “except when necessary to preserve the life or health of the woman.” Ky. Rev. Stat. § 311.780, which, in June 2023, was upheld as enforceable. Ky. Rev. Stat. § 311.781-783. In 2019, Kentucky passed a heartbeat bill, which is currently being challenged, but the Kentucky Supreme Court has allowed it to take effect during the course of litigation. Ky. Rev. Stat. § 311.7705

The November 8, 2022 proposition to amend the Kentucky Constitution to state that nothing in the constitution creates a right to abortion or requires public funding for abortion did not pass.

Additionally, 3 Jewish women have brought a lawsuit claiming abortion restrictions violate their religious liberty.

Louisiana
Law banning abortion in effect Post-Dobbs
Heartbeat bill banning abortion after heartbeat detected
State constitutional protection of life

In 2006, Louisiana enacted a broad ban on abortion – with minimal exceptions – that has taken effect in light of the reversal of Roe. La. Rev. Stat. § 40:1061. Another Louisiana law prohibits most abortions post-viability. La. Rev. Stat. § 40:1061.13. A statute that bans most abortions after a fetal heartbeat is detected has taken effect in light of Dobbs. La. Rev. Stat. § 40:1061.1.3.

In 2020, Louisiana’s voters approved an amendment to the Louisiana Constitution’s Declaration of Rights that states, “To protect human life, nothing in this constitution shall be construed to secure or protect a right to abortion or require the funding of abortion.” Art. I, § 20.1.

Maine

In Maine, there is a statutory right to an abortion before viability, and after viability when necessary to preserve the life or health of the mother. Maine Rev. Stat. § 1598(1). Maine will continue to have a right to an abortion, absent legislative changes.

Maryland
Post-Dobbs laws expanding abortion

In Maryland, there is a statutory right to an abortion before viability, and at any time when necessary to protect the life or health of the mother or in cases where the unborn child has a genetic anomaly or serious physical deformity. Maryland Health-General § 20-209(b). Maryland passed a law in 2022 increasing those allowed to perform abortions from doctors to other medical professionals and licensed midwives. H.B. 937. A state constitutional right to abortion will be voted on in 2024. The right to an abortion will remain in Maryland, absent legislative changes.

Massachusetts
State constitutional “right” to abortion
Post-Dobbs laws expanding abortion

In Moe v. Secretary of Administrative & Finance, 417 N.E.2d 387, 398 (Mass. 1981), the Massachusetts Supreme Judicial Court held that the rights announced in Roe, which include the right to an abortion, are an integral part of Massachusetts state jurisprudence. Statutory law also broadly protects abortion before 24 weeks, and permits abortion after 24 weeks in several circumstances (such as to preserve the mother’s physical or mental health). The right to an abortion will remain in Massachusetts, absent a constitutional amendment.

Since Dobbs, Massachusetts has enacted a law to prevent abortion providers from out-of-state legal action and gives the sued provider the ability to file their own suit to recover actual damages from the out-of-state party attempting to sue. H.B. 5090.  The Governor also signed an executive order restricting cooperation with out-of-state investigations into abortion practices. Mass. Exec. Order No. 2022-600 (June 24, 2022).

Michigan
State constitutional “right” to abortion
Post-Dobbs laws expanding abortion

Post-viability abortions are generally prohibited in Michigan. Mich. Comp. Laws § 750.323Larkin v. Wayne Prosecutor389 Mich. 533, 208 N.W.2d 176 (1973). The 1931 statute banning abortion except when necessary to preserve the mother’s life was repealed by the legislature and signed by the governor in April 2023. Mich. Comp. Laws § 750.14

A 1997 court of appeals decision held that the Michigan Constitution does not guarantee a right to have an abortion. Mahaffey v. Attorney Gen.222 Mich. App. 325, 564 N.W.2d 104 (1997). In a pair of recently filed lawsuits, however, the plaintiffs seek rulings from Michigan courts that declare the existence of such a right. 

In November 2022, voters approved amending the state’s constitution to provide for a right to abortion.

Minnesota
State constitutional “right” to abortion
Post-Dobbs laws expanding abortion

The Minnesota Supreme Court held in Women of the State of Minnesota v. Gomez, 542 N.W.2d 17, 27, 31 (Minn. 1995), that there was a right to an abortion in the state constitution, and legislation may not violate that fundamental right. Minnesota has a statutory ban on abortion after viability, but this statute was held unconstitutional in Hodgson v. Lawson, 542 F.2d 1350 (8th Cir. 1976). The reversal of Roe may not have any practical effect on the enforceability of this legislation in light of the Gomez decision. A broad abortion right will remain in Minnesota, absent a constitutional amendment or a reversal of Gomez.

Minnesota is vigorously pursuing its abortion agenda. In the summer of 2022, a district court held the 24-hour waiting period and the parental notification requirements for minors to be unconstitutional. In January 2023, the legislature passed a bill stating there is a fundamental right to abortion.  At the close of its session in May, additional legislation passed removing language from the code that mandates doctors care for infants born alive after an abortion and cutting funds to pregnancy resource centers.

Mississippi
Law banning abortion in effect Post-Dobbs
Heartbeat bill banning abortion after heartbeat detected
Pre-Roe abortion ban statute

In 2007, Mississippi banned abortion “except in the case where necessary for the preservation of the mother’s life or where the pregnancy was caused by rape.” Miss. Code Ann. § 41-41-45. This statute can now take effect in light of Dobbs. Id. A pre-Roe statute with similar abortion restrictions is still on the books. Miss. Code Ann. § 97-3-3 .

A Mississippi statute bans abortion after 20 weeks, with some exceptions. Miss. Code Ann. § 41-41-137. Other statutes that impose restrictions after a fetal heartbeat is detected, and after 15 weeks, have been enjoined, Miss. Code Ann. §§ 41-41-34.141-41-191, but the state should be permitted to begin enforcing those laws in light of Dobbs.

In the summer of 2022, the abortion clinic at the heart of Dobbs, and the last abortion clinic in the state, permanently closed. “As of July 7, abortions are allowed only if the woman’s life is endangered by the pregnancy or if the pregnancy was caused by a rape that was reported to law enforcement.” A lawsuit was filed in November 2022 claiming the 1998 case Pro-Choice Mississippi v. Fordice grants a constitutional right to abortion, trumping the 2007 abortion ban. Meanwhile, the state has passed eight new bills to aid those having children.

Missouri
Law banning abortion in effect Post-Dobbs

In 2019, Missouri enacted a ban on abortion, except in cases of medical emergencies, which has taken effect in light of Dobbs. Mo. Rev. Stat. § 188.017. A Missouri statute bans post-viability abortions (with exceptions). Mo. Rev. Stat. § 188.030. A ban on abortion after eight weeks (Mo. Rev. Stat. § 188.056) is currently enjoined, but the state can seek to have the injunction lifted in light of Dobbs. In November, Missouri voters decided not to call for a state constitutional convention, where abortion rights would have been a likely topic of discussion. Missouri can enforce its existing abortion restrictions.

A lawsuit brought by religious leaders claiming the state’s abortion restrictions violate Missouri’s constitution is currently underway.

Montana
State constitutional “right” to abortion (Under Litigation)
Post-Dobbs laws restricting abortion

The Supreme Court of Montana has held that the Montana Constitution’s protection of the right of privacy includes the right to access abortion, and abortion restrictions are subject to strict scrutiny. Armstrong v. State, 1999 MT 261, 989 P.2d 364 (1999). Montana statutes restricting abortion will remain subject to strict scrutiny, absent a constitutional amendment or a reversal of Armstrong.

A statute with broad language prohibiting most abortions (Mont. Code Ann. § 50-20-109) has been held to only apply post-viability. A ban on most abortions after 20 weeks, enacted in 2021 (Mont. Code Ann. § 50-20-603), has been enjoined. 

Meanwhile, the state is in a slew of legal battles pertaining to existing and new legislation. Regulations criminalizing abortions provided after the 20-week mark, a 2-visit requirement prior to early pregnancy abortions, a requirement that medical professionals ask the mother if she would like an ultrasound, a new general ultrasound requirement, and several funding related bills, are all being challenged in court. 

Additionally, Planned Parenthood preemptively brought suit against Montana over HB 721, a ban on dismemberment abortions. The bill has now been signed and remains under litigation.  Four other pro-life bills were concurrently signed, notably SB 154 which declares there is no constitutional right to abortion, in contrast with the 1999 Armstrong ruling. In one pending case, the state of Montana had already asked the state supreme court to overturn the Armstrong decision. While SB 154 may be instrumental in overturning Armstrong, in May 2023, the court declared legislation restricting abortion to physicians and physician assistants unconstitutional, affirming Armstrong.

Nebraska
Law banning abortion in effect Post-Dobbs (Under Litigation)

Nebraska statute prohibits abortion after “the unborn child clearly appears to have reached viability, except when necessary to preserve the life or health of the mother.” Rev. Stat. Nebr. § 28-329. A bill that would have made most abortions illegal in Nebraska in the event that Roe is overturned was narrowly defeated. Nebraska can enforce its existing abortion restrictions and enact additional restrictions.

In May 2023, the state legislature passed a 12-week abortion ban. A suit has been filed against it.

Nevada
Post-Dobbs laws expanding abortion

In Nevada, there is a statutory right to an abortion “[w]ithin 24 weeks after the commencement of the pregnancy,” and “[a]fter the 24th week of pregnancy only if the physician has reasonable cause to believe that an abortion currently is necessary to preserve the life or health of the pregnant woman.” Nev. Rev. Stat. § 442.250(1). The right to an abortion will remain in Nevada, absent legislative changes.

In 2022, the Governor issued an executive order restricting cooperation with out-of-state investigations pertaining to abortion and prohibiting licensing boards from disciplining licensees for performing abortions. Nev. Exec. Order No. 2022-08 (Jun. 28, 2022). The Nevada legislature passed Senate Joint Resolution 7, a step towards amending the state’s constitution to state there is a right to abortion. The resolution must once again pass both legislative bodies in the 2025 session before it can be sent to the people in the 2026 general election. 

New Hampshire

In New Hampshire, there is a statutory right to an abortion up to the 24th week of pregnancy that will continue, absent legislative changes. In November 2022, New Hampshire voted no on holding a state constitutional convention, at which abortion rights likely would have been a topic of debate.

New Jersey
No abortion restrictions at any stage of gestation
State constitutional “right” to abortion

In New Jersey, not only is there a statutory right to an abortion, but the New Jersey Supreme Court has determined that the right to an abortion is a fundamental right under the state constitution. Right to Choose v. Byrne, 450 A.2d 925, 934 (N.J. 1982). Abortion will remain a right in New Jersey, absent constitutional and statutory changes.

New Mexico
No abortion restrictions at any stage of gestation
Post-Dobbs laws expanding abortion

In New Mexico, the pre-Roe abortion ban was repealed in 2021. N.M. Stat. Ann. §§ 30-5-1 through 30-5-3, repealed by S.B. 10, 55th Leg., Reg. Sess. (N.M. 2021). New Mexico does ban partial-birth abortions. N.M. STAT. ANN. § 30-5A-3. An abortion right will continue in New Mexico, absent legislative changes.

A lawsuit has been filed in a dispute over the Comstock Act (which prohibits mailing items pertaining to abortion), a DOJ memo, and a new local ordinance in the city of Eunice. City of Eunice v. Torrez, D-506-CV-2023-00407

Now, the state passed a bill which restricts what local ordinances can do to regulate abortion.

New York
Post-Dobbs laws expanding abortion (pending 2024 voter approval)

In New York, there is a statutory right to an abortion up to 24 weeks from the start of a pregnancy, if there is an absence of fetal viability, or if the abortion is necessary to protect the life or health of the mother. N.Y. Pub. Health Law §§ 2599-aa2599-bb. The right to an abortion will remain in New York, absent legislative changes.

The New York legislature has passed the Equality Amendment, which now goes to the voters in 2024. If passed, the amendment will “enshrine abortion rights.”

North Carolina
Law banning abortion in effect Post-Dobbs (Under Litigation)

A North Carolina statute permits abortion prior to 20 weeks and after that in the case of medical emergencies. N.C. Gen. Stat. § 14-45.1. Another statute that predates Roe broadly prohibits abortion. N.C. Gen. Stat. § 14-44. Enforcement of these statutes has been limited by court order in light of Roe. Bryant v. Woodall363 F. Supp. 3d 611 (M.D.N.C. 2019)aff’d 1 F.4th 280, 2021 U.S. App. LEXIS 17972 (4th Cir. June 16, 2021). These statutes should be enforceable in light of Dobbs, and North Carolina could also enact new abortion restrictions.

In light of Dobbs, the injunction was lifted from § 14-45.1 in August 2022. At the end of 2022, a Planned Parenthood lawsuit brought against five other abortion statutes was voluntarily dismissed

The state recently passed a new law banning most abortions after 12-weeks. A suit has been brought against the bill.

North Dakota
Law banning abortion in effect Post-Dobbs (Under Litigation)
Heartbeat bill banning abortion after heartbeat detected

North Dakota statute that prohibits most abortions is under litigation due to claims it violates the state’s constitution. N.D. Cent. Code § 12.1-31-12. Other statutes prohibit most abortions post-viability (N.D. Cent. Code § 14-02.1-04(3)) and after 20 weeks (N.D. Cent. Code § 14-02.1-05.3(3)). Enforcement of statutory provisions that limit abortion after a heartbeat is detected (N.D. Cent. Code §§ 14- 02.1-05.1 & 14-02.1-05.2has been enjoinedMKB Mgmt. Corp. v. Stenehjem, 795 F.3d 768 (8th Cir. 2015), but the state can seek to have the injunction lifted in light of Dobbs.

In April 2023, North Dakota passed a new law banning abortion with minimal exceptions limited to rape or incest, ectopic or molar pregnancies or imminent death of the mother. A lawsuit challenging the law has been filed.

Ohio
Heartbeat bill banning abortion after heartbeat detected

Ohio statutes prohibit most abortions after viability (Ohio Rev. Code § 2919.17) and after 20 weeks (Ohio Rev. Code § 2919.201). Enforcement of an Ohio statute that prohibits most abortions after a fetal heartbeat has been detected (Ohio Rev. Code § 2919.195has been enjoinedPreterm-Cleveland v. Yost, 394 F. Supp. 3d 796, 804 (S.D. Ohio 2019). While the state can seek to have the injunction lifted in light of Dobbs, it faces additional litigation from pro-abortion groups claiming a constitutional right to abortion.

Pending sufficient signature collection, the Ohio Right to Make Reproductive Decisions Including Abortion Initiative will potentially be on the ballot November 2023.

Oklahoma
Law banning abortion in effect Post-Dobbs
Heartbeat bill banning abortion after heartbeat detected
State constitutional “right” to abortion

In 2021, Oklahoma enacted a law that prohibits abortion in most circumstances, which has now gone into effect in light of Dobbs. S.B. 918 of 2021. There are also statutes that pre-date Roe still on the books that prohibit most abortions. 21 Okla. Stat. §§ 861862.

An Oklahoma statute prohibits most abortions after 20 weeks. 63 Okla. Stat. § 1-745.5. In 2021, Oklahoma prohibited most abortions (59 Okla. Stat. § 509(20); H.B. 1102 of 2021), including most abortions after a fetal heartbeat is detected (63 Okla. Stat. § 1-731.3; H.B. 2441 of 2021), but enforcement of these provisions has been enjoinedOkla. Call for Reprod. Just. v. O’Connor, Okla. Sup. Ct. No. 119918. The state can seek to have the injunction lifted in light of Dobbs.

In 2022, Oklahoma enacted a ban on most abortions (S.B. 612 of 2022) that would take effect in late August. A bill that will allow the filing of private civil actions to enforce a prohibition on most abortions after a fetal heartbeat is detected (S.B. 1503 of 2022) was passed by the legislature and signed into law on May 3, 2022. The court has since held the laws to be unconstitutional

In Okla. Call v. Drummond, the Oklahoma Supreme Court ruled in March 2023 that the section of statute §63-1-731.4 restricting abortion to medical emergencies is unconstitutional as it is in conflict with Article II, sections two and seven which it held affirms the “limited right to an abortion.” Meanwhile, the court upheld §21-861 criminalizing assisting an abortion for reasons other than preserving a life.

Oregon
No abortion restrictions at any stage of gestation

In Oregon, there is a statutory right to an abortion. OR Rev. Stat. § 659.880. In November 2022, Oregon approved the state constitutional amendment, The Right to Healthcare Amendment, declaring that cost-effective, clinically appropriate, and affordable health care is a fundamental right. This may effectively make taxpayer-funded abortion a state constitutional right in Oregon. Abortion will remain legal in Oregon, absent legislative changes.

Pennsylvania

In Pennsylvania, abortion is allowed during the first 24 weeks of pregnancy, or to avert the death or substantial and irreversible impairment of a major bodily function of the mother. 18 Pa. Consol. Stat. § 3211(a)-(b). The legislature has stated its intent, however, “to protect the life and health of the child subject to abortion,” and, as such, “[i]n every relevant civil or criminal proceeding in which it is possible to do so without violating the Federal Constitution, the common and statutory law of Pennsylvania shall be construed so as to extend to the unborn the equal protection of the laws and to further the public policy of this Commonwealth encouraging childbirth over abortion.” 18 Pa. Consol. Stat. § 3202(a), (c).

Rhode Island
Post-Dobbs laws expanding abortion
State constitutional protection of life

In Rhode Island, there is a statutory right to an abortion before viability, and after viability to protect the life or health of the mother. R.I. Gen. Law § 23-4.13-2. This right will continue in Rhode Island, absent legislative changes. However, Rhode Island’s Constitution specifically does not guarantee a right to abortion: “Nothing in this section shall be construed to grant or secure any right relating to abortion or the funding thereof.” Art. 1, sec. 2.

Rhode Island passed the Equality in Abortion Coverage Act to delegate state funding of abortions for state employees and Medicaid recipients. Additionally, the Governor issued an executive order restricting cooperation with out-of-state investigations pertaining to abortion and to protect licensees from out-of-state sanctions for performing abortions. R.I. Exec. Order, No. 22-28.

South Carolina
Heartbeat bill banning abortion after heartbeat detected (Under Litigation)
State constitutional “right” to abortion

In South Carolina, abortion is prohibited after 20 weeks, except in the case of fetal anomaly or to avert the death or serious risk of substantial and irreversible physical impairment of a major bodily function of the mother. S. Car. Code § 44-41-450(A).

In 2021, South Carolina passed the Fetal Heartbeat and Protection from Abortion Act, which prevents an abortion once a fetal heartbeat is detected. A federal court enjoined the Act from going into effect, based on Roe and its progeny, and a federal appeals court affirmed that decision. Planned Parenthood v. Wilson527 F. Supp. 3d 801, 817 (D. S.C. 2021)aff’d26 F.3d 600 (4th Cir. 2022). In light of Dobbs, in June 2022, the injunction was lifted. However, Planned Parenthood continued to challenge the law. In January 2023, the South Carolina Supreme Court ruled there is a limited constitutional right to abortion and found the heartbeat bill unconstitutional. Planned Parenthood S. Atl., v. South Carolina, No. 28127 (S.C. Jan 5, 2023). In May 2023, the legislature passed a new law prohibiting abortion after the detection of cardiac activity. Planned Parenthood has again filed suit.

South Dakota
Law banning abortion in effect Post-Dobbs

In 2005, South Dakota passed a trigger law, which has now gone into effect, that outlaws abortion except to preserve the life of the mother. S.D. Codified Laws § 22-17-5.1. In addition, no abortion provider may schedule a woman for an abortion before an initial consultation, and the abortion provider cannot take a woman's consent for the abortion before the pregnant woman receives counseling from a third-party non-abortion agency. S.D. Codified Laws §§ 34-23A-53 to -62. This requirement is aimed at preventing women from being pressured or railroaded into abortions they do not want. Planned Parenthood challenged the statutory provisions in federal court and obtained a preliminary injunction, but on appeal (where we represented the state defendants), the Eighth Circuit vacated that injunction, allowing the law to take effect.

Tennessee
Law banning abortion in effect Post-Dobbs
Heartbeat bill banning abortion after heartbeat detected
State constitutional protection of life

In 2014, Tennessee amended its Constitution as follows: “Nothing in this Constitution secures or protects a right to abortion or requires the funding of an abortion. The people retain the right through their elected state representatives and state senators to enact, amend, or repeal statutes regarding abortion, including, but not limited to, circumstances of pregnancy resulting from rape or incest or when necessary to save the life of the pregnant woman.” Tenn. Const. art. I, § 36.

In 2019, Tennessee passed a trigger law that went into effect 30 days after Dobbs was decided. Under this law, the performance or attempted performance of an abortion is a criminal offense. Doctors who performed abortions could put up a defense that the abortion was necessary to prevent the death or a serious risk of substantial and irreversible impairment of a major bodily function of the mother. Tenn. Code § 39-15-213. In April 2023, Tennessee passed a similar new law. Instead of the defense approach, this law lists explicit exceptions. 

In 2020, a law (H.B. 2263) was enacted that “ban[s] abortions after a fetal heartbeat is detected or if a person seeking an abortion did so based on race, sex, or Down syndrome diagnosis of a fetus.”

Texas
Law banning abortion in effect Post-Dobbs
Heartbeat bill banning abortion after heartbeat detected
Pre-Roe abortion ban statute

In Texas, abortions are allowed until a fetal heartbeat is detected, and private parties may enforce the statute. Tex. Health & Safety Code § 171.204-12. This law was the subject of the United States Supreme Court’s Whole Woman’s Health v. Jackson decision and is being challenged in other litigation as well, which will be directly impacted by the Dobbs decision.

In 2021, Texas enacted a trigger law that will ban abortion except to avert the death or substantial impairment of a major bodily function of the mother; that law will go into effect 30 days after the Dobbs decision was issued. Tex. Health & Safety Code § 170A.002; H.B. No. 1280, 87th Legislature § 3 (2021). Texas’s pre-Roe abortion restrictions, which were the subject of Roe v. Wade, are still on the books and enforceable in light of Dobbs. Whole Woman’s Health v. Paxton.

Many abortion-related lawsuits have been filed in the state, most have been dismissed. A number of women have sued Texas “to clarify the scope of the state’s ‘medical emergency’ exception under its extreme abortion bans.” Zurawski v. State of Texas. Additionally, the state has sued HHS over its July 11, 2022 memorandum claiming EMTALA preempts state laws on abortion restrictions pertaining to medical emergencies. An appeal is underway.

Utah
Law banning abortion in effect Post-Dobbs (Under Litigation)
Post-Dobbs laws restricting abortion

In Utah, an abortion is allowed after viability, to protect the life and health of the mother, and in cases of rape or incest. Utah Code § 76-7-302. In 2020, Utah passed a trigger law that states that abortions are only permitted to avert the death or substantial and irreversible impairment of a major bodily function of the mother, and in cases of rape or incest. S.B. 174, 2020 Gen. Sess. (Utah), creating contingency effective Utah Code §§ 76-7a-101, 201, 301. This law has taken effect in light of Dobbs, but a Utah court recently issued a preliminary injunction to halt enforcement of the law. The state has outlawed the operation of abortion clinics and requires emergency abortions be performed in hospitals. H.B. 467, 2023 Leg., Gen. Sess. (UT 2023).

Vermont
No abortion restrictions at any stage of gestation
State constitutional “right” to abortion
Post-Dobbs laws expanding abortion

In Vermont, abortion is considered a “fundamental right” and is statutorily protected. 18 Vt. Stat. Ann. § 9493(b). In 2014, the Vermont legislature expressly repealed a pre-Roe statute that criminalized abortion. In November 2022, voters approved the Reproductive Liberty Amendment, amending the state’s constitution to add a right to abortion.

In May 2023, Vermont passed a law to protect access to abortion pills even if pending federal litigation ends with the FDA withdrawing approval of the pills.

Vermont will continue to recognize an abortion right, absent legislative changes.

Virginia

In Virginia, there is a statutory right to an abortion, Va. Code §§ 18.2-72 through 18.2- 74.1, that will remain, absent legislative changes. “Partial birth infanticide” is illegal in Virginia, and abortion after the third trimester is prohibited unless “the continuation of the pregnancy is likely to result in the death of the woman or substantially and remediably impair the mental or physical health of the woman.”

Washington
Post-Dobbs laws expanding abortion

In Washington, there is a statutory right to an abortion before viability or to protect the life and health of the mother. Wash. Rev. Code §§ 9.02.100, et seq. A law passed in 2022 further protects abortion rights and abortion providers. The right to an abortion will continue in Washington, absent legislative changes.

The Governor issued an executive order restricting cooperation with out-of-state investigations pertaining to abortions. Dir. of the Gov., No. 22-12 (Jun. 30, 2022). Laws were also passed protecting providers and recipients from out-of-state legal consequences. H.B. 1340 and H.B. 1469, 68th Leg., Reg. Sess. (Wa. 2023).

West Virginia
Law banning abortion in effect Post-Dobbs (Under Litigation)
Pre-Roe abortion ban statute
State constitutional protection of life

In West Virginia, abortion is permitted by statute up to 20 weeks post-fertilization, or to avert the death or serious risk of substantial and irreversible physical impairment of a major bodily function of the mother. W. Va. Code §§ 16-2M-2(7), 16-2M-3, 16-2M-4(a). West Virginia has a pre-Roe law from 1849 that prohibits abortion, W. Va. Code § 61-2-8, but that law was held to violate the federal Constitution based on Roe. Doe v. Charleston Area Med. Ctr., 529 F.2d 638, 644-45 (4th Cir. 1975). That law should be enforceable again in light of Dobbs

In 2018, the following provision was added to the West Virginia Constitution: “Nothing in this Constitution secures or protects a right to abortion or requires the funding of abortion.” W. Va. Const. art. VI, § 57. Abortion can be significantly restricted in West Virginia based on its pre-Roe law and its constitution.

Legislation banning most abortions was passed in 2022 (HB-302). A preliminary injunction has been issued as the law undergoes litigation. Women’s Health Center of West Virginia v. Miller, No. 22-C-556 (W. Va. Cir. Ct. June 29, 2022).

Wisconsin
Pre-Roe abortion ban statute (Under Litigation)

In Wisconsin, abortion is permitted by statute up to 20-weeks post-fertilization, before viability, in the case of a medical emergency, or to avert the death or substantial and irreversible physical impairment of a major bodily function of the mother. Wis. Stat. §§ 253.107(3)940.15. This statute stands in tension with the 1849 statute prohibiting abortion. The conflict is currently under litigation

Wisconsin also has a state law, Wis. Stat. § 940.04, that the Wisconsin Supreme Court has construed as a feticide statute (not an abortion statute) that prohibits “the intentional destruction of an unborn quick child presumably without the consent of the mother.” State v. Black, 188 Wis. 2d 639, 646-47 (Wis. 1994). Abortion will still be legal in many situations in Wisconsin, absent legislative changes.

Wyoming
Law banning abortion in effect Post-Dobbs (Under Litigation)

In Wyoming, an abortion may not be performed after viability except in limited circumstances. Wyo. Stat. Ann. § 35-6-102. In 2022, Wyoming passed a trigger ban of abortion (except in limited circumstances) H.B. 92, 66th Leg. Reg. Sess. (Wyo. 2022), amending Wyo. Stat. Ann. § 35-6-102. Litigation is underway regarding the law’s enforceability. In 2023, Wyoming passed the “Life is a Human Right Act” as well as a prohibition on abortion medications. These laws are being challenged in the court.

Back to Top