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According to the Guttmacher Institute, an abortion rights research organization, states have put most restrictions in place in a single year since 1973, when Roe was ruled against Wade. This year, many laws prohibit abortion at some point in pregnancy, for a specific reason, or altogether.
Texas law is one of the most extreme passed this legislature: it prohibits abortion after heart activity is detected, typically about six weeks after pregnancy, making it the largest state to ban the procedure before many people even know that you are pregnant. It also allows individuals to file lawsuits against doctors or anyone helping someone get an abortion.
So far this year, twelve abortion bans have been passed in nine states. However, much of the restrictions are not currently in place, either because they haven’t yet come into effect or because of legal challenges pending.
1. Arizona: Prohibited due to genetic abnormality
When was the bill passed?
Governor Doug Ducey, a Republican, signed the bill on April 27th.
What does the law say
It prohibits abortion if a fetus has or is suspected of having a genetic abnormality such as Down syndrome. Vendors who terminate a pregnancy due to a fetal abnormality face a criminal charge and a prison term of up to two years. The only exceptions are in the event of a medical emergency or fatal fetal disease.
The bill also provides for fetal remains to be buried or cremated.
What is the legal status?
The law is slated to go into effect in September, but Planned Parenthood has said it is still reviewing all legal options to protect access to care in the state.
2. Arkansas: Almost complete abortion ban
When was the bill passed?
Governor Asa Hutchinson, a Republican, signed the bill on March 9.
What does the law say
It prohibits all abortion procedures in the state unless the individual’s life is at risk. It doesn’t allow exceptions for rape or incest. Anyone who gives or tries to have an abortion could be found guilty of a crime and face up to 10 years in prison and fines of up to $ 100,000.
Hutchinson admitted the bill was unconstitutional but said he signed it because of its “overwhelming legislative support and my sincere and longstanding pro-life condemnations.”
What is the legal status?
A federal district court blocked Arkansas law in July.
3. Montana: Prohibition of abortions after 20 weeks of pregnancy
When was the bill passed?
Governor Greg Gianforte, a Republican, signed the bill on April 26th.
What does the law say
The law prohibits abortions after 20 weeks of gestation as it would protect fetuses that are sensitive to pain. However, medical organizations – including the American College of Obstetricians and Gynecologists – have said that a fetus cannot experience pain until after at least 24 weeks of gestation.
What is the legal status?
The ban comes into force in October. Planned Parenthood announced it will protect Montana’s constitutional right to abortion, including standing up for patients in court.
4. Idaho: Abortion banned as early as the sixth week of pregnancy
When was the bill passed?
Governor Brad Little, a Republican, signed the bill on April 27th.
What does the law say
It requires providers to perform ultrasound tests to check heart activity. If it is found, an abortion may only be carried out if the life or physical health of a person is in danger, or in the event of rape or incest. Since heart activity can be detected as early as the sixth week of pregnancy, the law effectively prohibits abortions before most people realize they are pregnant.
What is the legal status?
The law only goes into effect if a federal appeals court upholds a similar ban from another state. Planned Parenthood plans to sue if a similar law is upheld.
5. Oklahoma: Abortion is prohibited as early as the sixth week of pregnancy
When was the bill passed?
Governor Kevin Stitt, a Republican, signed the bill on April 26th.
What does the law say
The law requires ultrasound scans for heart activity and prohibits abortions if they are detected. An abortion procedure is permitted to “avoid death or avert a serious risk of significant and irreversible physical impairment of an essential body function” for the individual, but not in the case of rape or incest.
What is the legal status?
The law is due to come into force in November; However, Planned Parenthood is “ready to go to court if necessary to defend access to abortion in Oklahoma,” said Emily Wales, chief operating officer and general counsel for litigation at Planned Parenthood Great Plains.
6. Oklahoma: Almost complete abortion ban
When was the bill passed?
Governor Kevin Stitt, a Republican, signed the bill on April 26th.
What does the law say
It prohibits all abortions in the state unless they are “necessary to prevent the death of the mother or to prevent significant or irreversible physical harm to the mother that greatly increases the risk of death,” but not in cases of rape or incest Performing abortion procedures, they could lose their medical license.
What is the legal status?
The almost complete ban will go into effect in November, but Planned Parenthood says it is reviewing all legal options to protect patients in Oklahoma.
7. Oklahoma: “Trigger” Prohibition
When was the bill passed?
Governor Kevin Stitt, a Republican, signed the bill on April 27th.
What does the law say
The ban would outlaw abortion in the state if the Supreme Court overturned Roe v. Wade.
What is the legal status?
It will be included in the statute in November, but it would only take effect if Roe v. Calf should fall. If the state enforced the ban, reproduction rights groups would likely sue.
8. South Carolina: Abortion is prohibited as early as the sixth week of pregnancy
When was the bill passed?
Governor Henry McMaster, a Republican, signed the bill on February 18, making it the first state to pass a ban on abortion that year.
What does the law say
It requires doctors to do ultrasound to check heart activity. If an abortion is determined, an abortion can only be performed if the person’s life is in danger to prevent irreversible physical harm or if the pregnancy was caused by rape or incest.
Those who continue to perform abortions could face a crime, sentenced to up to two years in prison, and fined $ 10,000 if found guilty. Abortion providers could also have their medical licenses withdrawn and face civil lawsuits for damages.
What is the legal status?
Planned Parenthood and the Center for Reproductive Rights sued and prevented the measure from taking effect.
9. South Dakota: Abortion Prohibited in Diagnosing Down’s Syndrome
When was the bill passed?
Governor Kristi Noem, a Republican, signed the bill on March 25th.
What does the law say
The measure prohibits abortion procedures if the test suggests that a fetus may have Down syndrome.
What is the legal status?
The law came into force in July.
10. Texas: Forbid abortions as early as six weeks of gestation
When was the bill passed?
Governor Greg Abbott, a Republican, signed the bill on May 19.
What does the law say
It prohibits abortions once cardiac activity is detected, making it the largest state that prohibits abortion before many know they are pregnant. The law also prohibits state officials from enforcing the ban; Instead, it allows anyone to sue an abortion provider or anyone who has helped someone achieve an abortion beyond the limit, claiming financial damage of up to $ 10,000 per defendant.
What is the legal status?
The Center for Reproductive Rights, the Planned Parenthood Federation of America, the American Civil Liberties Union, the ACLU of Texas, and several Texas abortion providers, including Whole Woman’s Health, have sued to block the law before it goes into effect in September.
11. Texas: “Trigger” ban
When was the bill passed?
Abbott signed the bill on June 16.
What does the law say
The ban would outlaw abortion in the state if the Supreme Court overturned Roe v. Wade.
What is the legal status?
It will be included in the statute in September, but it would only take effect if Roe v. Calf would fall. If the state enforced the ban, reproduction rights groups would likely sue.
12. New Hampshire: Abortion banned after 24 weeks of gestation
When was the bill passed?
Governor Chris Sununu, a Republican, signed a biennial state budget on June 25 that included a provision banning abortion at any point in pregnancy.
What does the law say
It prohibits abortions after 24 weeks of pregnancy, except when life is threatened or physical health is severe. The ban does not include any exceptions for rape or incest. Doctors who perform abortions beyond this point face a crime charge and up to seven years in prison.
What is the legal status?
The ban will come into force in January 2022.
As states step up efforts to restrict abortion rights this year, access to the procedure already varies widely across the country. Conservative lawmakers have considerable leeway to regulate abortions in their states, and since Roe v. Wade has issued more than 1,300 abortion restrictions.
From waiting times for patients to government-mandated counseling and more, these laws often make abortion more difficult and expensive, or completely out of reach, without specifically prohibiting it.
