Where abortion stands in your state: A state-by-state breakdown of abortion laws

In many states, the right to an abortion is not protected by state law.

June 27, 2022, 10:24 AM

The U.S. Supreme Court voted Friday to strike down Roe v. Wade, the landmark 1973 decision that guaranteed the right to an abortion.

In the 5-4 decision, the court ruled that "the Constitution does not confer a right to abortion."

Abortion laws and restrictions vary by state and, now the federal protection has been overturned, abortion will not be accessible everywhere in the U.S.

Some states have trigger laws in place that immediately ban abortion once Roe was overturned. Others guarantee the right to an abortion via laws or constitutional amendments.

Here is where abortion laws stand in each state, according to the Guttmacher Institute, a research group that focuses on sexual and reproductive health, and further reporting.

PHOTO: Pro-choice demonstrators rally outside the State House during a Pro-Choice Mother's Day Rally in Boston, May 8, 2022.
Pro-choice demonstrators rally outside the State House during a Pro-Choice Mother's Day Rally in Boston, May 8, 2022.
Joseph Prezioso/AFP via Getty Images, FILE

Alabama

The 2019 Human Life Protection Act, which had been held by an injunction, was allowed to go into effect Friday. It makes it unlawful "for any person to intentionally perform or attempt to perform an abortion" unless "an abortion is necessary in order to prevent a serious health risk to the unborn child's mother."

Alaska

The right to an abortion is protected by state law and constitution. Gov. Mike Dunleavy has said, though, the overturning of Roe v. Wade will cause "renewed conversation" on the issue of abortion rights in the state.

Arizona

A pre-Roe v. Wade law bans abortions except when the mother's life is endangered. Gov. Doug Ducey in April signed a law banning abortions after 15 weeks of pregnancy that will go into effect.

Arkansas

Arkansas Attorney General Leslie Rutledge signed the state's trigger law into effect Friday, banning abortion in the state following the overturn of Roe v. Wade. The Arkansas Human Life Protection Act makes performing or attempting to perform an abortion a felony punishable by up to 10 years in prison and a fine of up to $100,000. The only exception is if the mother's life is in danger.

California

The right to abortion is protected by updated state laws.

Colorado

The right to abortion is protected by updated state laws.

Connecticut

The right to abortion is protected by updated state laws.

Delaware

The right to abortion is protected by updated state laws.

Florida

A law banning abortions after 15 weeks of pregnancy will go into effect July 1.

Georgia

A law prohibiting abortions after 6 weeks of pregnancy was signed in 2019 but not in effect following legal challenges.

Hawaii

The right to abortion is protected by state law.

Idaho

A trigger law making abortion illegal goes into effect 30 days after Roe is overturned.

Illinois

The right to abortion is protected by state law.

Indiana

The right to an abortion is neither protected nor barred in the state constitution.

Iowa

The Iowa Supreme Court in June reversed an earlier court ruling that the state constitution guaranteed the right to abortion.

Kansas

The right to abortion is protected by state law. Voters will decide on Aug. 2 whether to change the state constitution to say there is no right to abortion.

Kentucky

Kentucky Attorney General Daniel Cameron announced Friday that abortion is now banned in the state after a trigger law went into effect. Under the law, anybody who performs or attempts to perform an abortion will be charged with a Class D felony, punishable by one to five years in prison. The only exception is if the mother's health is at risk.

Louisiana

Louisiana Attorney General Jeff Landry said Friday abortion is banned in the state after a trigger law went into effect following the Supreme Court's decision.

Earlier this week, Gov. John Bel Edwards signed a bill into law that strengthened the 2006 trigger law that went into effect Friday. The new law increases the penalties abortion providers face: prison terms range from one to 10 years and $10,000 to $100,000 in fines.

The state constitution also bars the right to abortion, and lawmakers recently approved a bill to ban abortion after "fertilization and implantation."

Maine

The right to abortion is protected by state law.

Maryland

The right to abortion is protected by state law.

Massachusetts

The right to abortion is protected by state law. On Friday, Gov. Charlie Baker signed an executive order to "further preserve" abortion rights in Massachusetts and protect "reproductive health care providers who serve out of state residents."

Michigan

A pre-Roe v. Wade law bans abortions, but a judge ruled in May the state government cannot enforce the law as a lawsuit Planned Parenthood filed against the state plays out. Gov. Gretchen Whitmer is also working to protect the right in the state.

Minnesota

The right to an abortion is protected under the state constitution. Minnesota Governor Tim Walz signed an executive order to help protect people seeking or providing abortions in Minnesota from legal repercussions in other states, as neighboring states are expected to severely restrict abortions, he said in a tweet.

Mississippi

Mississippi Attorney General Lynn Fitch certified the state's trigger law banning abortion Monday. The ban goes into effect in 10 days. Under the new law, anyone who performs or attempts to perform an abortion in Mississippi will be charged with a felony, which is punishable by up to 10 years in prison. The only exceptions are to save the mother's life or if the woman is a victim of rape, provided she has reported the crime to law enforcement.

Missouri

Missouri ended the right to abortion following the Supreme Court decision. On Friday, Gov. Mike Parsons tweeted that he signed a proclamation activating the Right to Life of the Unborn Child Act, ending elective abortions in the state.

Montana

The right to an abortion is currently protected under the state constitution.

Nebraska

The right to an abortion is neither protected nor barred in the state constitution. Gov. Pete Ricketts has said he will push for the state legislature to pass a total abortion ban if Roe v. Wade is overturned.

Nevada

The right to an abortion is protected under the Nevada Revised Statutes, the codified laws of the state.

New Hampshire

The right to an abortion is not protected by state law.

New Jersey

The right to an abortion is protected under the state constitution.

New Mexico

The right to an abortion is neither protected nor barred in the state constitution.

New York

The right to abortion is protected by updated state laws.

North Carolina

The right to an abortion is not protected by state law.

North Dakota

A trigger law is in place to make abortion illegal. After Roe is overturned, the Legislative Council must approve a recommendation from the state's attorney general that the ban on abortion is constitutional.

Ohio

A 6-week ban on abortion that had been previously blocked was allowed to go into effect Friday.

Oklahoma

Oklahoma Attorney General John O'Connor announced Friday the state trigger law banning abortions went into effect after the Supreme Court voted to strike down Roe v. Wade. Prior to the ruling, Oklahoma had a near-total ban on abortion.

Oregon

The right to have an abortion is protected in the state constitution.

Pennsylvania

The right to an abortion is not protected by constitutional or statutory laws.

Rhode Island

The right to abortion is protected by updated state laws.

South Carolina

The right to an abortion is not protected by state law.

South Dakota

A trigger law was in place to make abortion illegal. After Roe was overturned, it went into effect immediately without further action required.

The law makes all abortions illegal "unless there is appropriate and reasonable medical judgment that performance of an abortion is necessary to preserve the life of the pregnant female."

Tennessee

A trigger law is in place to make abortion illegal that goes into effect 30 days after Roe is overturned with no further action required. The state constitution bars protection of the right.

Texas

A trigger law is in place to make abortion illegal that goes into effect 30 days after Roe is overturned with no further action required. The state already has a 6-week ban in effect.

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Utah

Most abortions are now illegal in Utah after the trigger law ban was put into effect. The law does allow for exceptions for rape, incest, averting maternal death or impairment, and lethal fetal deformity.

Vermont

The right to abortion is protected by updated state laws.

Virginia

The right to an abortion is not protected by constitutional or statutory laws.

Washington

Under the Code of Washington, individuals are not allowed to interfere with a pregnant person's right have an abortion.

West Virginia

A state constitutional amendment bars the protection of the right to an abortion. Abortion is still legal in West Virginia, but there is an 1882 law on the books that makes performing abortions a felony punishable by three to 10 years in prison. It's unclear if it will go into effect follow Roe's overturn. Gov. Jim Justice said Friday he is meeting with the Legislature and his legal team to decide if the state's abortion laws need to be updated.

Despite abortion still being legal in the state, the only clinic said in a statement on Facebook it will not be performing the procedure "until further notice."

Wisconsin

Wisconsin has a pre-Roe law dating back to 1849 making an abortion a felony that could go back into effect if the Supreme Court overturns Roe v. Wade.

Wyoming

A trigger law is in place to make abortion illegal. It would require certification by the governor, advised by attorney general within 30 days of the Supreme Court ruling.

This is a developing story. Please check back for updates.

Editor's note: This story has been updated to reflect Iowa's status.

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