Should the nationās highest court overturnĀ Roe vs. Wade, supporters and opponents of abortion rights will need to shift their focus to the state level. The issue will become a matter of state legislation, and the battleground will no longer rest in the nationās Capital.Ā
Many states have either passed or proposed new laws that will significantly change the access and rights of those seeking to end a pregnancy.Ā
Here is a closer look at the current state laws governing abortion.Ā
ALABAMA:
The state codifiedĀ HB237, requiring providers to āpreserve the life of a child who is born aliveā after an abortion or attempted abortion, and granting the āsame rights, powers, and privilegesā given to āany other child born alive at any location in this state.ā
ALASKA:
The state passedĀ HB69, which includes a ban on using Medicaid funds to pay for an abortion except in rape, incest, or if a pregnant personās life is endangered.
ARIZONA:
The state enactedĀ SB1457, which bans abortions due to genetic abnormalities. The bill bans mail delivery of abortion-inducing medication and restricts organizations that provide abortion care from receiving state funds.
ARKANSAS:
The state passedĀ SB6, the Arkansas Unborn Child Protection Act, a near-total abortion ban. The bill bans all abortions, including in the case of rape or incest, with the only exception being if the womanās life is endangered. The state passedĀ HB1195, mandating that pregnancy support programs be available to people seeking abortion care. The state also approvedĀ SB85,Ā requiring that individuals seeking an abortion receive an ultrasound with the image displayed and a simultaneous verbal description of the fetus from the provider. Finally, the state passedĀ SB289, which created a refusal clause for providers for any health care services based on their religious, ethical, or moral beliefs.Ā
COLORADO:
The state has passed theĀ Reproductive Health Equity ActĀ protecting the right to have an abortion, and it blocks public entities from denying or restricting that right. The state also passedĀ SB142, making public funds such as Medicaid available for abortion services.
CONNECTICUT:
The state passedĀ SB835, prohibiting ādeceptive advertisingā about abortions by crisis pregnancy centers.
HAWAII:
The state passedĀ HB576, which allows nurses and qualified medical professionals to perform abortions.
IDAHO:
That state has enactedĀ HB366, mandating that physicians check for a fetal heartbeat and banning abortion if a heartbeat is detected, except in the case of a medical emergency. The state also allows family members of what the bill calls a āpreborn childā to sue the provider for at least $20,000 for performing the procedure.
INDIANA:
The state passedĀ HB177, requiring providers to tell patients about the possibility of discontinuing medication-induced abortions after they are initiated.Ā
KANSAS:
The state is set to considerĀ HCR 5003, which would amend the stateās constitution by affirming that there is no constitutional right to abortion or government funding for abortion.
KENTUCKY:
The state passed a recentĀ lawĀ that bans abortions after 15 weeks of pregnancy, restricts minorsā access to the procedure, and cracks down on medication abortions.
LOUISIANA:
The state passedĀ HB578, which requires providers to inform patients about the potential for a medication-induced abortion āreversal.ā It also passedĀ HB357, which says that minors may only petition a judge for an abortion without a parentās consent within their local jurisdiction.
MONTANA:
The state has enactedĀ HB136, which bans abortion starting at 20 weeks. It passedĀ HB140, which requires doctors to offer patients an opportunity to view an ultrasound and hear a fetal heartbeat before an abortion. It has also passedĀ HB171, which added regulation to how medication-induced abortions can be administered.
MISSISSIPPI:
The state passed theĀ Mississippiās Gestational Age Act, which passed in 2018 but was blocked by two federal courts. The law bans abortions after 15 weeks of pregnancy and has no exception for victims of rape or incest.
NEW HAMPSHIRE:
The stateĀ passed measuresĀ that include an abortion ban after 24 weeks, except in the case of a medical emergency.
NEW MEXICO:
The state passedĀ SB10, rescinding abortion restrictions in the state that predate Roe v. Wade, including criminal penalties for certain abortions.
OHIO:
The state passedĀ SB260, which prohibits using telemedicine for medication-induced abortions, requiring patients to take an initial dose of any drug in the presence of a physician.Ā
OKLAHOMA:
The state passedĀ SB216, ending abortion access immediately if the U.S. Supreme Court overturned Roe v. Wade. The state also passedĀ HB2441, which requires physicians to check for a fetal heartbeat, banning abortions if a heartbeat is detected except in the case of physical risk for the pregnant woman.
SOUTH CAROLINA:
The state has passed an abortion ban (SB1) when a fetal heartbeat is detectable.Ā
SOUTH DAKOTA:
The state has passedĀ HB1051, requiring physicians to extend the same medical treatments they would use to preserve a childās life to āevery child born alive immediately following an abortion or an attempted abortion.āĀ The state has also passedĀ HB1110, prohibiting abortion based on a fetusā Down syndrome diagnosis or potential diagnosis, except when the motherās life is in danger. Additionally, it passedĀ HB1130, mandating that abortion providers tell patients about the possibility of discontinuing medication-induced abortion after it has been initiated.
TEXAS:
The state has passedĀ SB8, banning abortion as early as six weeks. The bill allows private citizens to sue people who aid women in getting abortions. The state also passedĀ HB1280, a ātriggerā bill that would ban abortion if the Supreme Court overturned Roe v. Wade.
VIRGINIA:
The state passedĀ SB1276Ā andĀ HB1896, which removed the stateās abortion coverage ban within some state health insurance plans.
WASHINGTON:
The state enactedĀ HB1009, requiring college student health care coverage that would provide ācoverage to permit the abortion of a pregnancy.ā
WEST VIRGINIA:
The state passedĀ HB2982, which requires counseling about the possibility of āreversingā a medication-induced abortion.
WYOMING:
The state passed theĀ Born Alive Infant-Means of CareĀ bill, requiring physicians and providers to treat any āviable infant aborted aliveā with the same care as any other infant. The state also passedĀ SB92, a ātriggerā bill that would ban abortions entirely within five days if the Supreme Court reverses Roe vs. Wade.Ā
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