Our nation is very divided on the issue of abortion. Just look at your social media accounts, and you can see advocates on both sides getting heated and passionate about their differing opinions.
State governments are no exception to divisiveness. Both the pro-life and the pro-abortion syndicates have allies in different states’ judicial systems, which shows in the current landscape of abortion laws.
After the Supreme Court returned the decision about abortion to the states this past June, laws regarding abortion became as diverse as illegal at the point of conception to totally legal all the way until viability around 28 weeks and beyond.
Where Is Abortion Totally Illegal?
Several states had trigger laws that were previously created to go into effect if Roe V. Wade was ever overturned. Many of these states now have a complete ban on abortion starting at the time of conception, with no exception for rape or incest. Those states include:
- South Dakota
Which States Are Pending on Illegal Abortion?
Many of the states who have trigger laws have not been able to enact those laws because of legal challenges. Those states are expected to try and make abortion illegal, but currently have other restrictions in place. Here is the breakdown of those states:
- North Dakota has a trigger law that would ban abortion after a fetal heartbeat at 6 weeks. However, it is enjoined right now, which means someone has sued the state in order to stop that law. In the meantime, a different law is in effect that makes abortion legal until 22 weeks. There are also bans on telemedicine abortion and added requirements for abortion facilities.
- Wyoming’s trigger law would ban all abortions except in cases of rape or incest. But for now, abortion is legal until viability, when the baby could live on its own if it was born. There is also a parental consent requirement for minors, among other restrictions.
- Utah’s trigger law would ban all abortions. But while the courts battle out the validity of that law in regards to the state constitution, abortion until 18 weeks is legal.
- Idaho is trying to ban all abortion, but right now it is legal until 6 weeks when a fetal heartbeat is detected. They also require counseling and ultrasound, along with a waiting period between those appointments and an abortion procedure.
- Nebraska is trying to prohibit abortion and has many restrictions on abortion providers. It is currently legal until the child is believed to be able to feel pain, around 20-22 weeks. Women must also receive counseling and an ultrasound before an abortion.
- Iowa decided in 2022 that the right to abortion was not included in its state constitution, so abortion will likely become illegal in this state. For now, abortion until 20 weeks is legal with a mandatory ultrasound and counseling requirement.
- Wisconsin’s governor is favorable to abortion and is fighting the trigger law that would ban it. For now, it is legal until 22 weeks and requires an ultrasound and counseling prior to the appointment.
- Michigan’s governor is an abortion supporter who is trying to amend the constitution, but the state’s old abortion law from before 1972 would ban abortion in nearly all cases. For now, abortion is legal until viability with a counseling and waiting period requirement, among other restrictions.
- Indiana has enacted a total ban on abortion that will start in september 2022. Until then abortion is legal until 22 weeks.
- Pennsylvania has a pro-abortion governor that will likely not enforce the state’s trigger law. Currently, it is legal to have an abortion until 24 weeks.
- Tennessee has made abortion after 6 weeks gestation illegal while the courts battle out the trigger law that would make all abortions banned.
- West Virginia’s trigger law is currently enjoined, but the state is still saying it is enforcing the law because of an amendment in 2018 that stated there is no right to abortion under the state constitution. Currently, abortion via telemedicine is illegal, and it is illegal to have an abortion after 20 weeks. However, the trigger law would make it illegal in the state from the point of conception.
- North Carolina is expected to make abortion illegal due to their trigger law that would ban all abortions. However that law is currently enjoined, and so abortion is legal until 20 weeks. There are many other restrictions in place as well.
- Texas trigger law and its pre-Roe law both make abortion totally illegal. However, there are lawsuits that are prohibiting those from becoming officially enforced. In the meantime, abortion until 6 weeks is legal.
Where Is Abortion Legal Only Until 6 Weeks?
- Ohio is currently enforcing its 6 week ban on abortion. Any abortion after a fetal heartbeat is detected is illegal.
- South Carolina has begun to enforce a 6 week ban on abortion. In addition, self-abortion can be criminalized.
- Georgia currently has a 6 week ban on abortion, along with other restrictions.
- As previously mentioned Tennessee and Texas also fall into this category.
Where Is Abortion Legal?
Some states have already made legal protections or provisions for abortion in wake of Roe V. Wade. Those states include:
- New Mexico has no limits on abortion except for reporting requirements and still provides public funding for the procedures.
- Arizona is currently enforcing its law that states abortion until 20 weeks is still legal, along with some restrictions.
- Virginia allows abortion until viability and has few restrictions for providers. Parents must be contacted in the cases of minors.
- New Hampshire allows abortion until 24 weeks and requires ultrasounds.
- Montana recently recognized the right to abortion as part of its constitution. Abortion will remain legal unless the constitution is amended. Abortion is legal until 20 weeks.
- Nevada voters passed a referendum protecting abortion in the state. Abortion will remain legal and is currently allowed until viability when the baby could live on its own if born.
- Colorado has no bans on abortion.
- Kansas views abortion as the right of a pregnant woman and will continue to allow abortion until 22 weeks.
- Florida allows abortion until 15 weeks.
- Alaska has no bans on abortion and considers it a constitutional right. Patients seeking an abortion in the state must have at least 30 days of residency there first.
- Maryland allows abortion until viability.
- Massachusettes allow abortion until 24 weeks.
- Rhode Island allows abortion until viability.
- Maine allows abortion until viability.
- Washington has expanded abortion rights and will continue to allow it until viability, around 28 weeks.
- Oregon has no bans on abortion and provides public funding for the procedures.
- California has expanded abortion work and allows it up until viability. Parental consent is not needed for minors.
- Minnesota has limited restrictions for abortion providers and currently has no bans or limits to abortion. There is a 24-hour waiting period required after a mandatory counseling session before an abortion can be scheduled.
- Illinois allows abortion until viability.
- New York has enacted protection for abortion providers and allows abortion until 24 weeks or viability.
- Vermont has no bans on abortion
- Connecticut has expanded abortion in the state. It is legal until viability.
- New Jersey has no limits on abortion.
- Hawaii allows abortion until viability.
Hopefully, this helps clarify the division of states in a confusing and tumultuous time. If you are facing an unplanned pregnancy and wondering what you can do now that abortion is illegal in our state, there is help for you. Our staff can talk you through your next steps and provide you with a free ultrasound and pregnancy test. Please contact us today for a free and confidential consultation.