Which US states are banning abortion as election nears? | Context

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More than a dozen states have banned abortion since the US Supreme Court’s Roe v. Wade ruling upended reproductive rights

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Abortion is a key issue in this year’s U.S. presidential election with both sides seeking to capitalise on the highly divisive topic following a slew of state bans.   

About half of U.S. states have outlawed abortion or restricted access since 2022, with Arizona and Florida the latest to crack down on the procedure.

The U.S. Supreme Court handed states a free rein to make their own laws after overturning a 1973 ruling known as Roe v. Wade that had guaranteed abortion rights nationwide.

A Reuters/Ipsos poll in March found 83% of Democrats think abortion should be legal in most or all cases, while 57% of Republicans think it should be outlawed in most or all cases.

Republican presidential candidate Donald Trump has said abortion access should be determined by states.

But Democratic President Joe Biden’s November re-election bid is widely seen as gaining from a backlash to the welter of new restrictions.

Those imposing total bans include Alabama, Arkansas, Idaho, Indiana, Kentucky, Louisiana, Mississippi, Missouri, Oklahoma, North Dakota, South Dakota, Tennessee, Texas and West Virginia.

Anti-abortion activists are separately seeking to block nationwide access to a drug used to end early pregnancies.

Here is a list of states introducing bans and curbs. An asterisk shows the 13 states that had passed so-called trigger bans prior to the 2022 ruling which were designed to take effect automatically if Roe v. Wade fell.

ALABAMA – Banned. The Human Life Protection Act – which compares abortion to historical genocides – was passed in 2019, but only came into force after the Supreme Court ruling. Anyone convicted of performing an abortion faces up to life in prison. There are no exceptions for rape or incest.

ARIZONA – On April 9, Arizona’s top court revived a ban on nearly all abortions under a Civil War-era law. The 1864 law, which carries a sentence of up to five years in prison, could take effect in June. Democrats in the state hope to place a ballot measure before voters in November that would restore abortion rights.

ARKANSAS* – Banned. Anyone who performs an abortion faces up to 10 years in prison, a fine of up to $100,000, or both. There are no exceptions for rape or incest.

FLORIDA – Florida banned abortion after six weeks on May 1st – before many women know they are pregnant – following a ruling by its top court. 

But the Florida Supreme Court also approved an initiative to let voters decide in November whether to amend the state’s constitution to establish a right to an abortion.

Florida had previously provided abortions for women in surrounding states in the southeast which were quick to ban or restrict access after 2022.

GEORGIA – A 2019 law banning abortion when a fetal heartbeat is detected, usually at about six weeks, took effect in 2022, but legal battles continue. There are exceptions for rape or incest if a police report has been filed.  

IDAHO* – Banned. Lawbreakers face up to five years in prison.

A judge has blocked enforcement of a separate ban on what the state calls “abortion trafficking” which makes it illegal to help a minor get an abortion in another state.

The law was the first of its kind in the country. Several copycat bills have been introduced elsewhere but are not yet in effect.

INDIANA – Banned. Indiana was the first state to pass a new law banning abortion following the Supreme Court ruling. However it only went into effect in August 2023 due to a legal challenge. There are exceptions for rape, incest, fatal fetal anomalies and to prevent serious risk to the mother’s health.

IOWA – A “fetal heartbeat” ban has been blocked by judges, meaning abortion remains permitted up to 20 weeks of pregnancy. 

KENTUCKY* – Banned. Anyone performing an abortion risks up to five years in prison. There are no exceptions for rape or incest.

Voters in Kentucky, however, rejected a proposal to amend the state’s constitution to say that residents do not have a right to abortion. 

LOUISIANA* – Banned. Anyone providing an abortion could face up to 10 years in prison and a fine of between $10,000 and $100,000. There are no exceptions for rape and incest.

The new law made headlines worldwide after a woman who was pregnant with a baby with no skull said doctors refused her an abortion. Louisiana senator Katrina Jackson has since stated that the law provides exceptions for such cases.    

MISSISSIPPI* – Banned. Anyone who performs an abortion risks up to 10 years in prison. There are exceptions in cases of rape reported to police.    

MISSOURI* – Banned. Anyone performing an abortion could face up to 15 years in prison. Medical professionals could also lose their licenses. There are no exceptions for rape or incest.

NEBRASKA – The state has banned abortion after 12 weeks. There are exceptions for rape and incest.

NORTH CAROLINA – A law banning abortion after 12 weeks took effect last year.

NORTH DAKOTA* – Banned. There are exceptions in cases of rape and incest, but only for the first six weeks of pregnancy.

OHIO – Residents voted last year to add abortion rights to the state constitution, rendering moot a six-week abortion limit previously signed into law.

A “fetal heartbeat” ban went into force in the Republican-led state after the Supreme Court ruling, but had been put on hold.

The ban made headlines when a 10-year-old rape victim was forced to travel to Indiana to get an abortion.   

OKLAHOMA* – Banned. In May 2022, Oklahoma became the first state to ban abortion from the moment of fertilisation. The law, passed in defiance of Roe v. Wade, also allows private citizens to sue anyone who helps a woman terminate a pregnancy.

A separate trigger ban that came into force in August 2022 carries penalties of up to 10 years in jail and a $100,000 fine.

There are no exceptions for rape or incest.

SOUTH CAROLINA – The Supreme Court upheld a hotly contested “fetal heartbeat” ban last year, rejecting a legal challenge by abortion provider Planned Parenthood.

SOUTH DAKOTA* – Banned. There are no exceptions for rape or incest.     

TENNESSEE* – Banned. There are no exceptions for rape or incest.    

TEXAS* – Banned. Anyone providing an abortion can face up to life in prison. There are no exceptions for rape or incest.

Texas made headlines in 2021 when it passed a “fetal heartbeat” ban in defiance of Roe v. Wade. A full ban came into force in 2022.

Citizens can also sue doctors who perform abortions, potentially collecting $10,000.     

UTAH* – A Utah judge has blocked a trigger ban pending a legal challenge by Planned Parenthood, meaning abortion remains legal up to 18 weeks.    

WEST VIRGINIA – Banned. There are exceptions for rape and incest.   

WISCONSIN – Clinics stopped providing abortions for more than a year following the Supreme Court ruling due to uncertainty over whether the state could enforce an 1849 law which was interpreted as banning abortion. Planned Parenthood started offering abortions again last September after a judge ruled the law did not apply to most terminations.

WYOMING* – A judge has temporarily blocked a near-total ban and a separate law banning the use of abortion pills which was due to take effect in July 2023 and would have been the first such ban in the country.

This article was updated on Friday 3rd, May 2024 at 10:30 GMT to include the introduction of a new law in Florida.

SOURCES: Reuters, Guttmacher Institute, ACLU, U.S. state documents

(Reporting by Emma Batha @emmabatha; Editing by Katy Migiro, Sonia Elks and Helen Popper)