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This is a timeline of reproductive rights legislation, a chronological list of laws and legal decisions affecting human reproductive rights. Reproductive rights are a sub-set of human rights pertaining to issues of reproduction and reproductive health. These rights may include some or all of the following: the right to legal or safe abortion, the right to birth control, the right to access quality reproductive healthcare, and the right to education and access in order to make reproductive choices free from coercion, discrimination, and violence. Reproductive rights may also include the right to receive education about contraception and sexually transmitted infections, and freedom from coerced sterilization, abortion, and contraception, and protection from practices such as female genital mutilation (FGM).
A trigger law is a law that is unenforceable but may achieve enforceability if a key change in circumstances occurs.
The legality of abortion in the United States and the various restrictions imposed on the procedure vary significantly, depending on the laws of each state or other jurisdiction, although there is no uniform federal law. Some states prohibit abortion at all stages of pregnancy, with few exceptions; others permit it up to a certain point in a woman's pregnancy, while some allow abortion throughout a woman's pregnancy. In states where abortion is legal, several classes of restrictions on the procedure may exist, such as parental consent or notification laws, requirements that patients be shown an ultrasound before obtaining an abortion, mandatory waiting periods, and counseling requirements.
Abortion in Texas is illegal in most cases. There are nominally exceptions to save the mother's life, or prevent "substantial impairment of major bodily function", but the law on abortion in Texas is written in such an ambiguous way that life-threatening or harmful pregnancies do not explicitly constitute an exception. Attempts to clarify and codify these exceptions into law have been rejected by Republican lawmakers in Texas.
Abortion in Louisiana is illegal as of August 1, 2022.
Abortion in Missouri is legal up to the point of fetal viability as a result of 2024 Missouri Amendment 3.
Abortion in Arizona is legal up to the point of fetal viability as a result of Arizona Proposition 139 being put into the Arizona state constitution.
Abortion is illegal in Kentucky, except to save a pregnant woman’s life or to prevent disabling injury.
Abortion in Michigan is legal throughout pregnancy. A state constitutional amendment to explicitly guarantee abortion rights was placed on the ballot in 2022 as Michigan Proposal 22–3; it passed with 57 percent of the vote, adding the right to abortion and contraceptive use to the Michigan Constitution. The amendment largely prevents the regulation of abortion before fetal viability, unless said regulations are to protect the individual seeking an abortion, and it also makes it unconstitutional to make laws restricting abortions which would protect the life and health, physical and/or mental, of the pregnant individual seeking abortion.
Abortion in Nebraska is mostly illegal after the 12th week of pregnancy.
Abortion in Ohio is legal up to the point of fetal viability as a result of abortion rights being placed into the Ohio State Constitution by November 2023 Ohio Issue 1.
Abortion in Rhode Island is legal up to the point of fetal viability. On June 19, 2019, the legal right to abortion was codified into Rhode Island law by passage of the Reproductive Privacy Act.
Abortion in Tennessee is illegal from fertilization except 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". Tennessee is one of four states which prohibit abortion in their state constitution; alongside Alabama, Louisiana, and West Virginia.
Abortion in Wisconsin has been legal since September 18, 2023, and is performed in Madison, Milwaukee and Sheboygan through 22 weeks gestation. However, elective abortions in Wisconsin are under dispute after the overturning of Roe v. Wade by the Supreme Court of the United States on June 24, 2022. Abortion opponents cite an 1849 law that they claim bans the procedure in all cases except when the life of the mother is in danger. However, lower level courts have argued that the law only applies to infanticide and not consensual abortions. The enforceability of the law is disputed and being considered by the state courts. Planned Parenthood of Wisconsin announced that they would resume abortion services in Madison and Milwaukee on September 18, 2023. Planned Parenthood of Wisconsin later announced that they would resume abortion services in Sheboygan on December 28, 2023.
Abortion in New Hampshire is legal up to the 24th week of pregnancy as of January 1, 2022, when a new law went into effect. Prior to this, the gestational limit was unclear. Abortion was criminalized in the state by 1900. In June 2003, the state passed a parental notification law, repealing it four years later before passing a new one in 2011. New Hampshire then passed a law in 2012 which required minors to wait 48 hours after requesting an abortion but no longer required parental consent. New Hampshire law regarding abortion has been heard before the US Supreme Court in the case Ayotte v. Planned Parenthood of Northern New England in 2006. The number of abortion clinics in New Hampshire has declined over the years, with 18 in 1982, 16 in 1992 and four in 2014. In 2010, there were three publicly funded abortions in the state; all three were federally funded. There are both active abortion rights and anti-abortion rights activists in the state.
Abortion in Florida is generally illegal after six weeks from the woman's last menstrual period, This law came into effect in May 2024, being approved by Republican Governor Ron DeSantis following its passage in the Florida House of Representatives and the Florida Senate, with only Republican state legislators supporting and only Democratic state legislators opposing. Additionally, pregnant women are generally required to make two visits to a medical facility 24 hours apart to be able to obtain an abortion, in a law approved by Republican Governor Rick Scott in 2015.
Abortion in Iowa is illegal after detection of embryonic cardiac-cell activity. Embryonic cardiac-cell activity can be detected from around six weeks after the pregnant individual's last menstrual period, when many people are not yet aware that they are pregnant. Exceptions for the abortion ban after detected embryonic cardiac-cell activity include some instances of rape, incest, fetal abnormalities and threats to the pregnant individual's life.
The Texas Heartbeat Act, Senate Bill 8, is an act of the Texas Legislature that bans abortion after the detection of embryonic or fetal cardiac activity, which normally occurs after about six weeks of pregnancy. The law took effect on September 1, 2021, after the U.S. Supreme Court denied a request for emergency relief from Texas abortion providers. It was the first time a state has successfully imposed a six-week abortion ban since Roe v. Wade, and the first abortion restriction to rely solely on enforcement by private individuals through civil lawsuits, rather than having state officials enforce the law with criminal or civil penalties. The act authorizes members of the public to sue anyone who performs or facilitates an illegal abortion for a minimum of $10,000 in statutory damages per abortion, plus court costs and attorneys' fees.
2022 Michigan Proposal 3, the Right to Reproductive Freedom Initiative, also known as Reproductive Freedom for All, was a citizen-initiated proposed constitutional amendment in the state of Michigan, which was voted on as part of the 2022 Michigan elections. The amendment, which passed, codified reproductive rights, including access to abortion, in the Constitution of Michigan.
Arizona Proposition 139 is a constitutional amendment that was approved by voters on November 5, 2024, establishing a right to abortion in the Constitution of Arizona up until fetal viability.
References
- ↑ Paquette, Danielle; Hennessy-Fiske, Molly (April 9, 2024). "Arizona Supreme Court ruling clears way for near-total abortion ban". The Washington Post . Retrieved April 9, 2024.
- 1 2 3 Grenoble, Ryan (April 9, 2024). "Arizona Attorney General Says She Wouldn't Enforce 'Unconscionable' Abortion Ban". The Huffington Post . Retrieved April 10, 2024.
- 1 2 Govindarao, Sejal (September 14, 2024). "Arizona's 1864 abortion ban is officially off the books". The Associated Press.
- ↑ "Arizona voters enshrine abortion rights in state constitution". NBC News. 2024-11-06. Retrieved 2024-11-06.
- ↑ Stern, Ray; Barchenger, Stacey. "Abortion in Arizona set to be illegal in nearly all circumstances, state high court rules". The Arizona Republic. Archived from the original on April 9, 2024. Retrieved 2024-04-09.
- 1 2 Von Quednow, Cindy; Maxouris, Christina; Mascarenhas, Lauren (April 9, 2024). "Arizona Supreme Court rules state must adhere to century-old law banning nearly all abortions". CNN . Retrieved April 10, 2024.
- 1 2 Billeaud, Jacques; Snow, Anita (April 10, 2024). "Arizona can enforce an 1864 law criminalizing nearly all abortions, court says". Associated Press . Retrieved April 10, 2024.
- ↑ John, Arit (2024-05-02). "Arizona Democratic governor signs bill repealing 1864 abortion ban | CNN Politics". CNN. Retrieved 2024-05-05.
- ↑ Oladipo, Gloria (May 14, 2024). "Arizona supreme court delays enforcement of 1864 abortion ban". The Guardian . Retrieved May 15, 2024.
- ↑ "Sign The Petition". Arizona for Abortion Access. Retrieved April 10, 2024.
- ↑ Cathey, Libby; Oppenheim, Oren (April 10, 2024). "Arizona abortion ruling, which Democrats decry, splits Republicans and abortion opponents". ABC News . Retrieved April 10, 2024.
- ↑ "Arizona voters enshrine abortion rights in state constitution". NBC News. 2024-11-06. Retrieved 2024-11-06.