The legal landscape of abortion in the United States has become significantly fractured since the Supreme Court overturned Roe v. Wade in 2022. This landmark decision eliminated the constitutional right to abortion, leaving individual states to regulate or ban the procedure. Understanding where abortion is illegal and where access remains protected is crucial for individuals seeking reproductive healthcare and for anyone following this evolving issue.
States with Abortion Bans
In the wake of the Dobbs v. Jackson Women’s Health Organization Supreme Court ruling, numerous states have implemented near-total abortion bans. These bans often prohibit abortion at all stages of pregnancy, with very limited exceptions, such as to save the life of the pregnant person. Here’s a look at the states where abortion is currently banned:
- Alabama: Abortion is banned in almost all circumstances.
- Arkansas: Abortion is banned in almost all circumstances.
- Idaho: Abortion is banned in almost all circumstances. Despite a recent Supreme Court ruling concerning emergency abortions, the overall ban remains in effect while legal challenges continue.
- Indiana: Abortion is banned in almost all circumstances. The state’s Supreme Court has upheld the ban, asserting no constitutional right to abortion except in dire situations.
- Kentucky: Abortion is banned in almost all circumstances. Voters in 2022 rejected a measure that would have explicitly stated no right to abortion in the state constitution, reinforcing the ban.
- Louisiana: Abortion is banned in almost all circumstances.
- Mississippi: Abortion is banned in almost all circumstances.
- Oklahoma: Abortion is banned in almost all circumstances.
- South Dakota: Abortion is banned in almost all circumstances. Voters recently rejected a measure that would have allowed for some abortion regulation in the first trimester, indicating continued support for the ban.
- Tennessee: Abortion is banned in almost all circumstances.
- Texas: Abortion is banned in almost all circumstances. Texas also has unique legislation allowing private citizens to sue abortion providers and those who assist individuals seeking abortions after approximately six weeks of pregnancy.
- West Virginia: Abortion is banned in almost all circumstances.
States with Gestational Limits on Abortion
Beyond outright bans, several states have enacted gestational limits, restricting abortion access after a specific point in pregnancy. These limits vary, often measured from the last menstrual period. It’s important to note that these laws are subject to legal challenges and can change.
- Florida: Abortion is banned after six weeks of pregnancy. A ballot measure to protect abortion rights failed to reach the required 60% majority in 2024, maintaining the six-week ban.
- Georgia: Abortion is banned after six weeks of pregnancy. The Georgia Supreme Court is currently reviewing the ban’s legality under the state constitution.
- Iowa: Abortion is banned after six weeks of pregnancy. The state Supreme Court has determined there is no state constitutional right to abortion.
- South Carolina: Abortion is banned after six weeks of pregnancy. The state Supreme Court upheld this ban in 2023.
- Nebraska: Abortion is banned after 12 weeks of pregnancy. Voters in 2024 supported a measure to solidify the ban in the state constitution.
- North Carolina: Abortion is banned after 12 weeks of pregnancy.
- Utah: Abortion is banned after 18 weeks of pregnancy. A near-total ban is currently blocked by the state Supreme Court while legal challenges proceed.
States Where Abortion Remains Legal
In contrast to states with bans and strict limits, many states have taken steps to protect abortion access. These states generally permit abortion up to the point of fetal viability, typically around 24 weeks of pregnancy, and some have no specific gestational limits. Furthermore, many have enacted “shield laws” to protect abortion providers and patients from legal repercussions from states with bans.
- Alaska: Abortion is legal with no specific gestational limit. The state Supreme Court recognizes a right to “reproductive choice.”
- Arizona: Abortion is legal up to viability. Voters enshrined abortion protections in the state constitution in 2024.
- California: Abortion is legal up to viability. California has strong legal protections for abortion rights and shields providers and patients.
- Colorado: Abortion is legal with no specific gestational limit. Colorado law protects abortion access and shields those involved in abortion care.
- Connecticut: Abortion is legal up to viability. State law safeguards abortion rights and offers legal protections.
- Delaware: Abortion is legal up to viability. Delaware law protects abortion access and shields those involved.
- Hawaii: Abortion is legal up to viability. Hawaii law protects abortion and provides legal shields.
- Illinois: Abortion is legal up to viability. The state Supreme Court recognizes abortion protections, and Illinois law offers strong shields.
- Kansas: Abortion is legal up to 22 weeks. The state Supreme Court has affirmed abortion rights, and voters rejected an anti-abortion measure in 2022.
- Maine: Abortion is legal up to viability, with exceptions for medical necessity after viability. Maine law protects abortion rights and offers legal shields.
- Maryland: Abortion is legal with no specific gestational limit. Voters enshrined abortion protections in 2024, and state law offers strong shields.
- Massachusetts: Abortion is legal up to viability. The state’s highest court recognizes abortion rights, and Massachusetts law provides robust legal shields.
- Michigan: Abortion is legal with no specific gestational limit. Voters enshrined abortion protections in 2022, and state measures offer legal shields.
- Minnesota: Abortion is legal with no specific gestational limit. The state Supreme Court recognizes abortion rights, and Minnesota law offers strong shields.
- Missouri: Abortion is legal up to viability. Voters enshrined abortion protections in 2024.
- Montana: Abortion is legal up to viability. Voters enshrined abortion protections in 2024, and several restrictions are blocked by courts.
- Nevada: Abortion is legal up to viability. Voters supported enshrining abortion rights in 2024, with final passage pending. Nevada law protects abortion and offers legal shields.
- New Hampshire: Abortion is legal up to 24 weeks. Abortion rights are not explicitly protected by state law.
- New Jersey: Abortion is legal with no specific gestational limit. The state Supreme Court recognizes abortion rights, and New Jersey law provides broad protections.
- New Mexico: Abortion is legal with no specific gestational limit. State law shields those involved in abortion care.
- New York: Abortion is legal up to viability. Voters enshrined equal rights including reproductive healthcare in 2024.
- North Dakota: Abortion is legal up to viability. A near-total ban was ruled unconstitutional, and the ruling is being appealed.
- Ohio: Abortion is legal up to 22 weeks. Voters enshrined abortion protections in 2023, but the impact on existing restrictions is still being determined.
- Oregon: Abortion is legal with no specific gestational limit. Oregon law protects abortion throughout pregnancy and offers strong legal shields.
- Pennsylvania: Abortion is legal up to 24 weeks. State measures offer legal shields for abortion care.
- Rhode Island: Abortion is legal up to viability. Rhode Island law protects abortion rights and offers legal shields.
- Vermont: Abortion is legal with no specific gestational limit. Voters enshrined abortion protections in 2022, and Vermont law offers broad protection.
- Virginia: Abortion is legal up to viability. Abortion rights are not explicitly protected by state law.
- Washington: Abortion is legal up to viability. Washington law protects abortion and offers legal shields.
- Washington, D.C.: Abortion is legal with no specific gestational limit. Local law provides strong protections.
- Wisconsin: Abortion is legal up to 22 weeks. The legal status of an older ban is still being litigated, but current rulings favor abortion access up to 22 weeks.
- Wyoming: Abortion is legal up to viability due to blocked bans.
Navigating the Complex Abortion Law Landscape
The legal status of abortion in the U.S. is dynamic and varies significantly depending on the state. For individuals seeking abortion care, it’s essential to verify the current laws in their state and any state they may consider traveling to for care. Legal challenges and ballot measures continue to shape the future of abortion access across the country, making it a constantly evolving area of law and healthcare. Resources from organizations like Planned Parenthood and the Guttmacher Institute offer up-to-date information and assistance for those seeking abortion services.
