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Map: These states have significantly restricted abortion access

One year ago, the Supreme Court handed down a decision overturning one of the most high-profile and contentious decisions in modern history: Roe v. Wade, which, for 50 years protected a person’s right to have an abortion under a blanket right to privacy.

Immediately after the court issued a majority opinion overturning Roe in Dobbs v. Jackson Women’s Health Organization on June 24, 2022, efforts began to severely restrict access to abortion care. States activated trigger laws banning the procedure that were drafted years or decades earlier, designed for the eventual fall of Roe.

Although many restrictive state laws allow abortions in extreme cases to save a pregnant person’s life, in practice, many people have been refused critical care during precarious situations.

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One year later, this is where all 50 states and Washington, D.C., stand on abortion access.




States with complete and near-complete bans, trigger laws

Alabama

Because of a trigger law set to outlaw abortion should the Supreme Court overturn Roe v. Wade, abortion was immediately criminalized in Alabama following the Dobbs decision through the state’s 2019 Human Life Protection Act. The state constitution also has a pre-existing antiabortion amendment, passed in 2018 by a popular vote.

Abortion at any stage of pregnancy is outlawed in Alabama, with no exceptions for pregnancies that result from rape or incest. To qualify for an exception in Alabama, the abortion must save a pregnant person’s life or prevent serious risk to their health. Performing or attempting an abortion is a felony, punishable by up to 99 years in prison and 10 years in prison, respectively.

Arkansas

A 2019 trigger law in Arkansas outlawed all abortion immediately following the overturn of Roe v. Wade, with exceptions to save the life of the pregnant person but not for rape or incest. Even before the Supreme Court decision, only two clinics in the state distributed the abortion pill. It is currently legal to travel out of state to receive abortion care, but doctors who perform abortions illegally within the state face prosecution of up to 10 years in prison and/or a $100,000 fine.

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Idaho

Abortions were completely outlawed in Idaho following the Dobbs decision after a 2020 trigger ban went into effect, with exceptions for rape, incest, and to save the life of the pregnant person.

Those who provide or support abortion care in Idaho face prosecution. Health care providers who perform or attempt an abortion are subject to up to five years in prison and could face a six-month suspension of their licenses upon first offense, though a federal judge ruled in August that doctors who perform abortions to protect a patient’s health cannot be punished. Private citizens can sue abortion providers for damages, and in March, Governor Brad Little signed legislation criminalizing adults who help minors obtain out-of-state abortions without parental permission.

Kentucky

A trigger law banned all abortions in Kentucky on July 15, 2022, except to save the life of the pregnant person or prevent “serious permanent impairment of a life sustaining organ.” There are no exceptions for pregnancies that result from rape or incest. Performing an illegal abortion carries a felony charge of up to 10 years in prison and/or a $10,000 fine.

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Though both chambers of the state’s Legislature is controlled by Republicans, Kentucky voters have expressed opposition to legislative efforts against abortion. In November 2022, Kentucky voters rejected a proposed antiabortion constitutional amendment.

Louisiana

A 2006 trigger law in Louisiana outlaws all abortions except to save a pregnant person’s life or to prevent “serious permanent impairment of a life-sustaining organ,” with no exceptions for rape or incest. It is currently legal to travel outside of the state to receive an abortion, but doctors who provide abortion care in Louisiana can face up to 15 years in prison.

Mississippi

Even before Roe was overturned, Mississippi had laws making abortion care difficult to access, with only one licensed abortion clinic, Jackson Women’s Health Organization, in the state. The clinic was at the center of the case that overturned Roe, and a restrictive trigger law went into effect 10 days after the attorney general certified the court’s decision.

Currently, abortion in Mississippi is banned at any stage of pregnancy, with specific exceptions if the pregnancy endangers the person’s life or if the pregnancy results from a rape that has been formally filed with police. There are no exceptions for pregnancies resulting from incest.

Missouri

In 2019, Missouri lawmakers passed the Right to Life of the Unborn Child Act, a trigger law completely outlawing abortion except in cases of a medical emergency. The law bans abortions in cases of rape or incest.

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According to Missouri law, anyone who performs an abortion can be charged with a felony and be subject to suspension or revocation of their professional license.

North Dakota

North Dakota bars abortions at almost every stage of pregnancy, except to prevent death or serious health risks. A district judge blocked a 2007 trigger law that went into effect following the Dobbs decision and the block was upheld by the state’s Supreme Court, but in April, Governor Doug Burgum signed another ban into law. The new ban grants exceptions for abortions in cases of rape or incest, but only within the first six weeks of pregnancy, before many people know they’re pregnant. The law also alters the abortion reporting requirements, mandating people include the reason for the abortion and time since conception.

Doctors who violate North Dakota’s abortion restrictions face up to five years imprisonment and/or a $10,000 fine.

Oklahoma

A 1910 state law prohibiting abortion in Oklahoma remains in place today, making the procedure unlawful except to save the life of a pregnant person, with no exceptions for rape or incest. On May 31, Oklahoma’s Supreme Court ruled two of the abortion bans passed last year unconstitutional, barring citizen enforcement of the ban. The 1910 ban makes performing an abortion a felony, punishable by up to five years in prison and/or a $100,000 fine.

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South Dakota

The state’s 2005 trigger law outlaws abortion at any stage of pregnancy with no exceptions for pregnancies resulting from rape or incest. The law allows for an exception if an abortion is necessary to save the life of the pregnant person.

In February, Governor Kristi Noem, a Republican, signed a bill protecting people who receive unlawful abortions from criminalization and prosecution, which is set to go into effect in July. However, the law subjects those who administer an abortion to up to two years in prison and/or a $4,000 fine.

Tennessee

Abortion is outlawed from the point of conception in Tennessee with very limited exception. The trigger law, adopted in 2019, went into effect one month after Roe v. Wade was overturned. There are no exceptions for pregnancies resulting from rape or incest, and Tennessee is the only state with no explicit exception for abortions performed to save the life of the pregnant person.

Instead, the law allows doctors to prove that the abortion “was necessary to prevent the death of the pregnant woman or to prevent serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman” in a criminal case to defend themselves.

Texas

Texas’s trigger law, which took effect two months after Roe v. Wade was overturned, bans abortion with no exceptions for rape or incest, but allows the procedure to save the life of or prevent serious harm to a pregnant person. State legislation also enables citizen enforcement of the ban, allowing private citizens to sue abortion providers who assist with abortions after six weeks of pregnancy. The law, called a type of “bounty hunter” law by abortion rights activists, has been used as a model across other states seeking to criminalize the procedure.

Attempting to perform an abortion is classified as a second-degree felony, carrying a prison sentence of up to 20 years and a $10,000 fine. If the abortion is successful, the violation is classified as a first-degree felony and those charged can face a sentence of up to life in prison along with the fine.

West Virginia

West Virginia had only one abortion clinic in the years before Roe v. Wade was overturned and limited access to abortion care. After the Dobbs decision went into effect, the state passed a bill outlawing abortion at any stage of pregnancy. The ban includes exceptions for medical emergencies and for pregnancies resulting from rape and incest that have been reported to police at least 48 hours before the procedure, but the exception applies only for the first eight weeks of pregnancy.

Wisconsin

In 1849, Wisconsin legislators passed a law banning abortion except to save the life of the pregnant person. After Roe v. Wade was overturned, the state reverted back to the law, which punishes abortion providers with up to six years in prison for performing the procedure. However, a pending lawsuit from the state’s Democratic attorney general could allow abortions to preserve the health of the pregnant person and allow abortions within the first 20 weeks of the pregnancy.

The case is likely to go to the state’s Supreme Court, where liberal justices compose the majority for the first time in 15 years.






States with gestational limits

Many other states restrict abortions for later-term pregnancies. In Georgia, abortion is outlawed after six weeks of pregnancy. After a failed attempt to pass a six-week ban, Nebraska’s Legislature prohibited abortion after 12 weeks of pregnancy. Arizona, Florida, and Utah all ban abortion after gestational periods ranging from 15 to 20 weeks. Governor Ron DeSantis of Florida signed a six-week ban into law in April, but it will take effect only if the state’s current 15-week ban is upheld in an ongoing legal challenge. In North Carolina, a new 12-week gestational limit will go into effect July 1.

Abortions in New Hampshire are legal until 24 weeks, a limit introduced in 2021. The following year, the state repealed ultrasound requirements for all abortion care and also allowed abortions after 24 weeks for fatal fetal diagnoses and to protect the life of the pregnant person. But the right to an abortion is not explicitly protected by law and legislators continue to introduce bills to restrict the procedure, though many have been rejected. And doctors who perform abortions after 24 weeks in other cases can be charged with a felony and fined $10,000 to $100,000. The Republican-led state Senate rejected lifting those criminal penalties in April.




Abortion restrictions blocked

States where judges have blocked more restrictive abortion laws include Indiana, Iowa, Montana, Ohio, South Carolina, and Wyoming. The states have gestational limits between roughly 22 and 26 weeks, though lawmakers continue to pursue laws that would ban abortions much earlier, often before many people know they’re pregnant.

Judges in Indiana blocked a law outlawing almost all abortions that went into effect in September 2022. The state has its gestational limit set at 22 weeks. Iowa also limits abortions to the first 22 weeks of pregnancy after a judge blocked six-week ban in 2019.

In Montana, Supreme Court justices have ruled the state constitution protects the right to an abortion, and several laws restricting abortion have been blocked, but lawmakers continue to pursue antiabortion legislation. Montana currently allows abortions to be performed until around the 24th week of pregnancy.

Abortion in Ohio is legal before 22 weeks of pregnancy after a judge blocked a law banning abortion after cardiac activity is first detected in a pregnancy, as early as six weeks, in October 2022.

A law banning abortion after six weeks of pregnancy in South Carolina was temporarily blocked in late May by a state judge, meaning the state will currently revert back to its 20-week ban. A temporary block on a similar law also exists in Wyoming.




States protecting abortion

Abortions will likely remain accessible and face no impending threat in 23 states and Washington, D.C., 20 of which have added additional protections for the procedure. Those states include Alaska, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Kansas, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, and Washington.


Sonel Cutler can be reached at sonel.cutler@globe.com. Follow her on Twitter @cutler_sonel.