What just happened?
Almost seven weeks have passed since the Supreme Court overturned Roe v. Wade and allowed legislators to decide the issue of abortion. Since then, most of the states have implemented restrictions that limit abortion in ways that haven’t been legally allowed for more than 50 years. The legality of abortion remains fluid in some areas because of court injunctions and upcoming ballot initiatives. But the general framework for abortion restrictions is largely in place.
In which states is abortion completely banned?
Alabama: Abortion is completely banned with very limited exceptions (i.e., for serious medical risk to the mother of the child).
Arkansas: Abortion is banned and it’s illegal to perform an abortion or attempt to perform an abortion except to save the life of a pregnant woman in a medical emergency.
Idaho: Almost all abortions are banned by statute, with exceptions for reported cases of rape or incest or to save the life of the mother. That law has been challenged by the Justice Department and is not currently being enforced. Another law allows certain civil actions against abortion providers who performed or attempted to perform an abortion after fetal cardiac activity can be detected (around 6 weeks of pregnancy, often before the mother knows she’s pregnant).
Kentucky: Abortion is completely banned except in certain cases involving medical necessity to protect the mother. The state also has a law that prohibits abortions based on the gender, race, or disability of the fetus as well as abortions performed after a fetal heartbeat is detected (around 6 weeks), unless it’s deemed necessary to protect the life or health of the mother. Both laws are being challenged but are currently in force.
Louisiana: Abortion is completely banned unless (1) it’s necessary to save the life of the mother or prevent the serious impairment of a life-sustaining organ, (2) the unborn child is deemed to be medically futile, or (3) it’s to prevent or remove an ectopic pregnancy. The ban is being challenged but is currently in force.
Mississippi: Abortion is completely banned except when necessary to save the life of the mother or if pregnancy results from rape reported to law enforcement.
Missouri: Abortion is completely banned except in medical emergencies (a condition which, based on reasonable medical judgment, so complicates the medical condition of a pregnant woman as to necessitate the immediate abortion of her pregnancy to avert the death of the pregnant woman or for which a delay will create a serious risk of substantial and irreversible physical impairment of a major bodily function of the pregnant woman).
North Dakota: A state law would make abortion illegal except in cases of rape, incest, and risk to the life of the mother. The law is being challenged and is currently not in effect.
Oklahoma: Abortion is completely banned except in cases of medical emergency, defined as a condition which cannot be remedied by delivery of the child in which an abortion is necessary to preserve the life of a pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury including a life-endangering physical condition caused by or arising from the pregnancy itself.
South Dakota: Abortion is completely banned except when necessary to preserve the life of the mother.
Tennessee: A state law will prohibit all abortions except those necessary to save the mother’s life or to prevent irreversible impairment of a major bodily function. That law will be effective in mid-August 2022. Until then, another state law which prohibits abortions after a fetal heartbeat is detected is in effect.
Texas: Abortion is completely banned unless the pregnant woman has a life-threatening physical condition aggravated by, caused by, or arising from a pregnancy that places her at risk of death or poses a serious risk of substantial impairment of a major bodily function.
Utah: A state law would ban nearly all abortions unless (1) it’s necessary to prevent the mother’s death or a serious risk of a substantial impairment of a major bodily function, (2) the pregnancy results from rape, (3) the pregnancy results from incest reported to law enforcement, or (4) the fetus has a uniformly fatal defect or anomaly. Since that law is being challenged and is enjoined from being enforced, another state law is in effect that bans abortions after 18 weeks of gestation.
In which states is abortion allowed prior to the detection of a fetal heartbeat?
Georgia: Most abortions are prohibited once a fetal heartbeat can be detected (around 6 weeks of pregnancy). The law allows exceptions to prevent death or harm to the mother and for rape and incest if a police report is on file. The law is being challenged but is currently in effect.
Ohio: Most abortions are prohibited once a fetal heartbeat can be detected (around 6 weeks of pregnancy) unless necessary to prevent the death of the pregnant woman or to prevent a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman.
South Carolina: Most abortions are prohibited once a fetal heartbeat can be detected (around 6 weeks of pregnancy). After that time, abortion is only allowed (1) in cases of rape, incest, or fetal anomaly, (2) to prevent the death of the pregnant woman, or (3) to prevent the serious risk of a substantial and irreversible physical impairment of a major bodily function of the pregnant woman.
In which states is abortion allowed throughout the first trimester?
Indiana: Allows abortion (1) during the first trimester with the mother’s consent based on a physician’s professional and medical judgment, (2) after the first trimester but before viability with the mother’s consent and if performed in hospital or surgical center, and (3) after viability if the procedure is necessary to prevent impairment of the life or health of the mother and performed in hospital with premature birth care unit and with a second physician present.
Virginia: Abortion is allowed with no restrictions in the first trimester, while second-trimester abortions are restricted to licensed hospitals and third-trimester abortions are only allowed to save the life or preserve the medical well-being of the mother.
In which states is abortion allowed prior to 15 weeks post-fertilization?
Arizona: Abortion will be banned after 15 weeks with exceptions for the life of the mother, effective in late September 2022. A 1901 law bans abortion but isn’t being enforced and may soon be repealed by the state legislature.
Florida: Abortion is allowed before 15 weeks post-fertilization. After 15 weeks, it’s only allowed when necessary to save the life or preserve the health of the mother or in the case of a fetal abnormality. Two physicians’ certifications of the medical necessity of abortion are required unless one physician certifies the need for emergency medical abortion and no second physician is available.
In which states is abortion allowed prior to 20 weeks post-fertilization?
Delaware: Abortion is allowed before 20 weeks post-fertilization. An abortion may be performed at or after viability only if the mother’s life or health is endangered or there is a lethal fetal anomaly.
Iowa: Allows abortion before 20 or more weeks post-fertilization (22 weeks after the last menstrual period) only where the mother is at risk of death or severely compromised physical health. A woman must undergo an ultrasound before obtaining an abortion, and the provider must offer the mother the option to view the image.
Nebraska: Abortion is allowed before 20 weeks post-fertilization. After this period, it’s allowed only in cases of life endangerment or severely compromised health.
North Carolina: Abortion is allowed before 20 weeks post-fertilization. After 20 weeks there must be a substantial risk that would threaten the life or health of the mother.
West Virginia: Abortion is allowed before 20 weeks post-fertilization. A bill is currently being considered by the state legislature that would prohibit abortion at any stage of pregnancy, with exceptions for a “nonmedically viable fetus,” a medical emergency, or an ectopic pregnancy (a rare event in which the fertilized egg implants outside the uterus and cannot survive).
Wisconsin: State law generally prohibits abortion after 20 weeks gestation, with certain exceptions to preserve the life and health of the mother. A state law from 1849 criminalizes abortion including in cases of rape and incest, with exceptions for the life of the mother. That older law is not currently being enforced.
In which states is abortion allowed prior to ‘viability’ (around 20–24 weeks)?
California: Abortion is allowed prior to viability (which is defined as when, in a doctor’s best medical judgment, there is a reasonable likelihood of the fetus’s sustained survival outside the womb). It may be performed at or after viability only if the mother’s life or health is endangered.
Connecticut: Abortion is allowed prior to viability. It may be performed at or after viability only if the mother’s life or health is endangered.
Hawaii: Abortion is allowed prior to viability. It may be performed at or after viability only if the mother’s life or health is endangered.
Illinois: Abortion is allowed prior to viability. After viability, it’s only allowed if necessary to protect the health or life of the pregnant woman.
Kansas: Abortion is allowed before viability. After viability, it’s permitted if a second doctor certifies that abortion is necessary to preserve the life of mother or that the fetus has severe, life-threatening deformity or abnormality.
Maine: Abortion is allowed before viability. After viability, only abortions necessary to preserve the life or health of the mother are permitted.
Maryland: Abortion is allowed before viability when necessary to protect the life or health of the woman or when the fetus is affected by serious genetic defect or abnormality.
Massachusetts: Abortion is allowed before 24 weeks. An abortion may be performed at 24 or more weeks post-implantation only in cases of life or health endangerment or where there is a lethal fetal anomaly.
Michigan: A state law from 1931 would ban virtually all abortions. But that law is being challenged. A judge has blocked enforcement of that law pending further consideration and Michigan’s governor and attorney general have announced they don’t intend to enforce the pre-Roe law.
Minnesota: Abortion is allowed before viability. An abortion may be performed at or after viability only if the mother’s life or health is endangered.
Montana: Abortion is allowed before viability. After viability, it’s allowed only if necessary to prevent a serious health risk to the unborn child’s mother.
New Hampshire: Abortion is allowed before 24 weeks post-fertilization. After that time, it’s only allowed in cases involving a fetal anomaly or where the life or health of the mother is at risk.
New York: Abortion is considered legal within the first 24 weeks or after 24 weeks if necessary to preserve the mother’s health or if the fetus isn’t viable. However, New York removed abortion from its penal code, and no one can be held criminally liable for aborting a fetus, even after the 24th week of pregnancy.
Nevada: Abortion is allowed within the first 24 weeks of fertilization unless necessary to preserve the life or health of the mother.
Pennsylvania: Abortion is legal up to the 24th week of pregnancy. After 24 weeks (post-viability), abortion is allowed only when necessary to preserve the life of the mother or to prevent serious risk of substantial and irreversible impairment of bodily function. (Viability is defined as when a doctor, based on facts of the particular case, finds reasonable likelihood of the child’s sustained survival outside the mother’s body.)
Rhode Island: Abortion is allowed before viability. After viability, it’s prohibited unless necessary to protect the life or health of the mother.
Washington: Abortion is allowed prior to viability. It may be performed at or after viability only if the mother’s life or health is endangered.
Wyoming: Wyoming passed a law earlier this year that would prohibit post-viability abortions, with exceptions for rape, incest, and physical danger for the mother. That law has been temporarily blocked by the courts.
In which states is abortion allowed at any stage of pregnancy prior to birth?
Alaska: Alaska’s Supreme Court has held that the state constitution protects a woman’s right to an abortion and that any law that purports to restrict that right must be narrowly tailored to serve a compelling state interest.
Colorado: Abortion is legal at all stages of pregnancy as a matter of state law.
New Jersey: Abortion is legal at all stages of pregnancy.
New Mexico: Abortion is legal at all stages of pregnancy as a matter of state law.
Oregon: Abortion is legal at all stages of pregnancy.
Vermont: It is legal for an abortion to be performed at any stage of pregnancy for any reason or for no reason.
How should Christians use this information?
Christians can use this list both to gain an idea of what work lies ahead for the pro-life movement and as a prayer list to ask God to expand protections for the unborn in states where full justice and protection has not yet been achieved.
The Gospel Coalition