Mapping Abortion Laws by State

Now that the U.S. Supreme Court has overturned Roe v. Wade, the abortion question returns to the legislatures of the fifty states. Laws governing abortion will vary by state. While some states have already passed laws increasing protections for mothers and their unborn children, other states are sadly attempting to head in the opposite direction.

Because of this, we can map out what abortion laws will look like around the country. But first, let’s break down what kinds of laws we’re talking about. Generally speaking, they fall into four categories:

1. Pre-Roe laws: These are laws that existed prior to 1973 but remain unenforced or enjoined due to Roe. Now that Roe has been reversed, these laws, most of which are strongly pro-life, could be enforced once again.

2. Trigger laws: These are laws that can go into effect (be “triggered”) now that Roe has been overturned. Numerous states have pro-life trigger laws.

3. Enjoined laws: Many states enacted pro-life laws after Roe that have been ruled unconstitutional by a court (including, for example, heartbeat laws, gestational limits, and discriminatory-abortion protections) that may be brought back into effect with Roe’s reversal.

4. Pro-abortion laws and court decisions: Several states have pro-abortion laws that codify a “right to abortion” in state law. In other states, courts have ruled that a “right to abortion” is protected by the state’s constitution. These laws and court decisions remain in effect after Roe was reversed.

Alabama

• state constitution affirmatively declares that it does not protect or recognize a “right to abortion”
• pre-Roe law that is currently unenforced
• Alabama Human Life Protection Act, offering total protection for unborn babies, currently in effect

Alaska

• state constitutional “right to abortion” recognized by court decision
• multiple enjoined laws

Arizona

• pre-Roe law offering total protection to unborn babies temporarily enjoined
• law limiting abortion after 15 weeks gestation currently in effect
• multiple enjoined laws

Arkansas

• pre-Roe law that is currently unenforced
• pro-life trigger law offering total protection to unborn babies currently in effect
• law protecting unborn babies from discrimination currently in effect

California

• state constitutional “right to abortion” recognized by court decision
• statutory “right to abortion” prior to viability
• enjoined law

Colorado

• statutory “right to abortion”

Connecticut

• law codifying a “right to abortion” prior to viability

Delaware

• law codifying a “right to abortion” prior to viability

District of Columbia

• statutory “right to abortion”

Florida

• state constitutional “right to abortion” recognized by court decision

Georgia

• law limiting abortion after 6 weeks gestation currently in effect during ongoing proceedings
• pre-Roe laws
• enjoined law

Hawaii

• statutory “right to abortion” prior to viability

Idaho

• state supreme court has found the state constitution does not contain an implicit "right to abortion"
• pro-life trigger law partially enjoined in cases of medical emergencies but otherwise currently in effect
• multiple enjoined laws
• law limiting abortion after 6 weeks gestation via private right of action currently in effect during ongoing proceedings

Illinois

• statutory “right to abortion” prior to viability

Indiana

• pro-life law offering total protection to unborn babies currently in effect
• law limiting abortion after 20 weeks gestation currently in effect
• multiple enjoined laws

Iowa

• enjoined law limiting abortion after 6 weeks gestation; governor has requested to lift the injunction
• law limiting abortion after 20 weeks gestation currently in effect
• multiple other enjoined laws

Kansas

• state constitutional “right to abortion” recognized by court decision
• law limiting abortion after 22 weeks gestation
• multiple enjoined laws

Kentucky

• pro-life trigger law currently in effect during ongoing proceedings
• law limiting abortion after 6 weeks gestation currently in effect during ongoing proceedings
• law limiting abortion after 15 weeks gestation currently in effect
• multiple enjoined laws

Louisiana

• state constitution affirmatively declares that it does not protect or recognize a “right to abortion”
• pro-life trigger law currently in effect during ongoing proceedings
• pre-Roe laws currently in effect due to trigger law provisions during ongoing proceedings
• enjoined law

Maine

• statutory “right to abortion” prior to viability

Maryland

• statutory “right to abortion”

Massachusetts

• statutory “right to abortion” up to 24 weeks gestation

Michigan

• constitutional "right to abortion"
• pre-Roe law permanently enjoined
• law limiting abortion after viability

Minnesota

• state constitutional “right to abortion” recognized by court decision
• multiple enjoined laws

Mississippi

• pro-life trigger law currently in effect
• state constitutional “right to abortion” recognized by court decision
• pre-Roe law that is currently unenforced
• multiple enjoined laws

Missouri

• pro-life trigger law currently in effect during ongoing proceedings
• law limiting abortion after viability
• multiple enjoined laws

Montana

• state constitutional “right to abortion” recognized by court decision
• law limiting abortion after viability
• enjoined law limiting abortion after 20 weeks gestation
• multiple other enjoined laws

Nebraska

• law limiting abortion after 12 weeks gestation
• law limiting abortion after 22 weeks gestation

Nevada

• law limiting abortion after 24 weeks gestation

New Hampshire

• law limiting abortion after 24 weeks gestation

New Jersey

• statutory “right to abortion”

New Mexico

• no limits except for partial-birth abortion

New York

• state constitutional “right to abortion” recognized by court decision
• law limiting abortion after 24 weeks gestation

North Carolina

• law limiting abortion after 12 weeks gestation
• enjoined law

North Dakota

• pro-life law offering total protection for unborn babies currently in effect
• pro-life trigger law currently enjoined
• law limiting abortion after 22 weeks gestation
• enjoined law limiting abortion after 6 weeks gestation
• multiple other enjoined laws

Ohio

• constitutional “right to abortion”
• law limiting abortion after 6 weeks gestation temporarily enjoined
• law limiting abortion after 20 weeks gestation
• enjoined law

Oklahoma

• pre-Roe law offering total protection to unborn babies
• law limiting abortion after 20 weeks gestation
• law limiting abortion after 6 weeks gestation via private right of action
• multiple enjoined laws

Oregon

• statutory “right to abortion”

Pennsylvania

• law limiting abortion after 24 weeks gestation

Rhode Island

• statutory “right to abortion” prior to viability

South Carolina

• law limiting abortion after 6 weeks gestation
• law limiting abortion after 22 weeks gestation
• other enjoined law

South Dakota

• pro-life trigger law currently in effect
• law limiting abortion after 22 week gestation

Tennessee

• state constitution affirmatively declares that it does not protect or recognize a “right to abortion”
• pro-life trigger law
• law limiting abortion after 20 weeks gestation
• law limiting abortion after 6 weeks gestation currently in effect during ongoing proceedings

Texas

• pre-Roe laws enjoined during ongoing proceedings
• pro-life trigger law currently in effect
• law limiting abortion after 20 weeks gestation
• enjoined law limiting abortion after 6 weeks gestation via private right of action
• other enjoined law

Utah

• pro-life trigger law enjoined during ongoing proceedings
• law limiting abortion after 18 weeks gestation

Vermont

• constitutional "right to abortion"
• statutory “right to abortion”

Virginia

• law limiting abortion after viability
• enjoined law

Washington

• statutory “right to abortion” prior to viability

West Virginia

• state constitution affirmatively declares that it does not protect or recognize a “right to abortion”
• enjoined pre-Roe law
• law limiting abortion after 22 weeks gestation
• other enjoined law

Wisconsin

• pre-Roe law
• law limiting abortion after 22 weeks gestation
• multiple enjoined laws

Wyoming

• pro-life trigger law enjoined during ongoing proceedings
• other pro-life law temporarily enjoined during ongoing proceedings
• law limiting abortion after viability