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A state-by-state breakdown of where abortion stands after ballot initiatives pass

In seven states, voters protected abortion rights in their state constitutions.

November 12, 2024, 5:02 AM

The 2024 election changed the landscape of abortion access in the United States once again.

Measures on abortion access were decided by voters in 10 states. In seven states, voters enshrined abortion rights in their constitutions or further protected rights while in three states, such measures failed to pass, leaving strict bans in place.

The election came more than two years after the U.S. Supreme Court overturned Roe v. Wade, ending the constitutional right to an abortion and allowing states to decide whether to restrict access to the procedure or not.

As of Monday, 13 states have ceased nearly all abortion services and four states have enacted six-week bans, according to an ABC News tally.

Here is a state-by-state breakdown of where abortion laws stand in each state, according to a review of state laws, ballot measure results and the Guttmacher Institute, a research group that focuses on sexual and reproductive health.

Abortion Access in the United States Post-Election
State laws, Ballot measure results, Guttmacher Institute

Alabama

Alabama has ceased nearly all abortion services, prohibiting the procedure at all stages of pregnancy unless medically necessary to protect the health or life of the pregnant woman.

Patients are required to wait 48 hours after a counseling session to receive an abortion.

Patients must receive an ultrasound even if medically unnecessary and to receive a medication abortion in person because state laws ban the use of telehealth.

Alaska

There are no laws in place restricting abortion based on gestational age in Alaska.

Arizona

On Tuesday, Arizonians passed a ballot initiative that enshrines the right to an abortion in the state constitution up until viability or after viability if the life or health of the pregnant person is endangered.

Additionally, under the amendment, individuals cannot be penalized for assisting a pregnant person exercise the right to an abortion.

A sign is displayed to get students to vote yes on Proposition 139, for abortion access, on Election Day at Arizona State University in Tempe, Ariz., Nov. 5, 2024.
Allison Dinner/EPA/Shutterstock

The amendment will undergo state canvassing, after which it will be sent to Arizona's secretary of state's office. Lastly, it will go to the governor's office, which will officially certify the results.

Previously, abortion was banned at Arizona at 15 weeks' gestation or later. Patients were required to make two trips 24 hours apart, one for an in-person consultation and another for the procedure.

Arkansas

Abortion is banned in Arkansas with limited exceptions including saving the health of life of the pregnant person.

Patients are required to wait 72 hours after an in-person counseling session to receive an abortion and must receive an ultrasound, even if medically unnecessary.

Abortion rights proponents had attempted to get a measure on the ballot amending the state constitution to protect the right to an abortion, but it was rejected by election officials, who claimed the organizer didn't properly submit required statements about paid signature gatherers. The decision was upheld by the state Supreme Court.

California

California allows abortions up until fetal viability, which is considered between 24 and 26 weeks' gestation.

Last year, voters decided to amend the state constitution to prohibit the state from denying or interfering with a person's "reproductive freedom."

Colorado

Colorado does not restrict abortion based on how far along a patient is in their pregnancy.

In Tuesday's election, voters passed a measure recognizing a right to abortion in the state's constitution. Voters also repealed a previous constitutional amendment that denied health insurance coverage for abortion services for state and local public employees or through Medicaid.

PHOTO: Derek Torstenson makes a pro-choice statement with the use of a bullhorn as Edgar Mares and Susan Gills join others rallying against Amendment 79 at the Colorado State Capitol, Oct. 30, 2024.
Derek Torstenson makes a pro-choice statement with the use of a bullhorn as Edgar Mares and Susan Gills join others rallying against Amendment 79 at the Colorado State Capitol, Oct. 30, 2024. The group of medical professionals and supporters urged voters to vote no against Amendment 79, which if passed, would provide the right to abortion in the state.
Aaron Ontiveroz/Denver Post via Getty Images

Connecticut

Connecticut allows abortions up until fetal viability, considered between 24 and 26 weeks' gestation.

Delaware

Abortions are prohibited in Delaware after fetal viability, considered between 24 and 26 weeks' gestation.

District of Columbia

Abortion is not restricted based on how far long someone is in their pregnancy in Washington, D.C.

Florida

In Florida, a measure that would have enshrined protections for abortion rights in the state's constitution failed to reach the 60% threshold needed to pass.

Campaign signs are posted outside the early voting site at The Center of Deltona, Fla. in favor of and opposed to Amendment 4 on the Florida ballot, Nov. 6, 2024.The amendment proposes to legalize access to abortion.
Mark Harper/Daytona Beach News-Journal/ USA Today Network

This means that the six-week abortion ban enacted in Florida earlier this year will remain in place. Exceptions for rape, incest and human trafficking are allowed until 15 weeks of pregnancy.

An exception is also allowed if the abortion is to "avert a serious risk of substantial and irreversible physical impairment of a major bodily function" of the pregnant woman or to save their life.

Georgia

Georgia bans abortions at six weeks or later. Exceptions are allowed in cases of rape or incest up to 20 weeks of pregnancy, if a police report was filed regarding the incident.

Exceptions also include if the fetus has a condition that would likely result in death or if the pregnant person would face harm or potentially death.

In all cases, patients are required to wait 24 hours in between a counseling session, which does not have to be in person, and undergoing the abortion.

Hawaii

Hawaii allows abortions up until fetal viability, considered between 24 and 26 weeks' gestation.

Idaho

Idaho has banned nearly all abortions, with the only exceptions being to save the life of the pregnant woman.

Patients are required to wait 24 hours after a counseling session, which does not have to be in person, to obtain an abortion.

Illinois

Illinois allows abortions up until fetal viability, considered between 24 and 26 weeks' gestation.

Indiana

Abortion is banned in Indiana with limited exceptions including in cases of rape or incest up to 10 weeks post-fertilization and in cases of fetal anomaly up to 20 weeks post-fertilization.

Patients are required to have an in-person counseling session and then wait at least 18 hours for the abortion.

Patients are required to receive an ultrasound even if medically unnecessary and to receive a medication abortion in person because state laws ban the use of telehealth.

Iowa

In July, a six-week ban went into effect in Iowa. Patients are required to make two trips, one for an in-person counseling session and then 24 hours later for the abortion.

Less than a month earlier, the state's Supreme Court was deadlocked on whether a lower court's injunction of a six-week abortion ban should be dissolved, leaving the procedure legal in Iowa.

Kansas

Kansas allows abortions up to 22 weeks of pregnancy.

In August 2022, Kansas voters rejected a ballot measure that would have removed the right to from the state constitution.

Kentucky

Kentucky has banned abortion with limited exceptions including to save the health or life of the pregnant woman.

Patients are required to make two trips, one for an in-person counseling session and then 24 hours later for the abortion.

Patients must receive an ultrasound even if medically unnecessary and to receive a medication abortion in person because state laws ban the use of telehealth.

Louisiana

Abortions are banned in Louisiana except in cases of medical emergency and to preserve the life and health of the pregnant woman.

Patients are required to make two trips, one for an in-person counseling session and then 24 hours later for the abortion.

Patients must receive an ultrasound even if medically unnecessary and to receive a medication abortion in person because state laws ban the use of telehealth.

Maine

Maine allows abortions up until fetal viability, considered between 24 and 26 weeks' gestation.

Maryland

Maryland does not restrict abortion based on gestational age.

In Tuesday's election, voters passed a constitutional amendment guaranteeing a right to reproductive freedom, including the ability to prevent, continue or end one's own pregnancy.

Massachusetts

Abortion is allowed in Massachusetts up to 24 weeks of pregnancy.

Michigan

Abortion in Michigan is not restricted based on gestational age.

In 2022, Michiganders voted overwhelmingly in favor of Proposal 3 (Prop 3), which enshrined abortion rights in the state's constitution.

Minnesota

Minnesota does not prohibit abortion based on how far along someone is in their pregnancy.

Mississippi

Mississippi is banned with limited exceptions, including to save the life of the pregnant woman. Exceptions are also allowed for rape if a formal charge has been field with law enforcement.

Patients are required to make two trips, one for an in-person counseling session and then 24 hours later for the abortion.

Patients must receive an ultrasound even if medically unnecessary and receive a medication abortion in person because state laws ban the use of telehealth.

Missouri

Missouri voters approved an amendment enshrining the right to reproductive freedom in the state constitution, including abortion care.

This makes Missouri the first state with a near-total abortion ban in effect to approve an abortion rights initiative.

People at an election night watch party react after an abortion rights amendment to the Missouri constitution passed, Nov. 5, 2024, in Kansas City, Mo.
Charlie Riedel/AP

The amendment will go into effect 30 days after the vote, but there is likely many legal battles that will follow to determine how exactly abortion access will be restored in the state. 

Previously, abortions were prohibited in Missouri except in a few cases, including medical emergencies to save the life or health of the pregnant person.

Montana

A ballot measure approved by voters in Montana on Nov. 5 would amend the state's constitution, adding protections for the right to make and carry out decisions about one's pregnancy, including the right to abortion abortions.

The measure would also prohibit the government from denying or imposing burdens on the right to abortion before fetal viability and in cases where medical professionals determine it is medically indicated to protect the pregnant woman's life or health.

Montana currently allows abortions up until fetal viability, considered between 24 and 26 weeks' gestation.

Nebraska

On Nov. 5, voters in Nebraska approved an initiative to enshrine the state's current 12-week abortion ban in the state constitution. The measure allows abortions past the first trimester of pregnancy in cases of medical emergencies or pregnancies that are the result of sexual assault or incest.

A second ballot measure in Nebraska that would have amended the state constitution to create a fundamental right to abortion, also passed, but received fewer votes. It is unlikely to go into effect because the initiative with the higher number of votes will take effect if there is a conflict.

Blue dot signs, representing Democratic-voting households of Nebraska's 2nd Congressional District in a state surrounded by Republican red, are displayed outside a home on Election Day, Nov. 5, 2024, in Omaha, Neb.
Bonnie Ryan/AP

Nevada

Nevada allows abortions up until 24 weeks' gestation.

A ballot measure that would amend the state constitution and make abortion access an individual right through fetal viability or whenever necessary to protect the life or health of a pregnant woman throughout pregnancy was approved by voters on Nov. 5.

The measure needs to be approved by voters again in 2026 to take effect.

New Hampshire

Abortion is banned in New Hampshire after 24 weeks of pregnancy.

New Jersey

New Jersey does not restrict abortion based on how long a woman has been pregnant.

New Mexico

Abortion is not prohibited based on gestational duration in New Mexico.

New York

New York allows abortions up until fetal viability, considered between 24 and 26 weeks' gestation.

North Carolina

North Carolina bans abortions after 12 weeks. Abortions are allowed up to 20 weeks for rape or incest, up to 24 weeks for "life-limiting" fetal anomalies and for medical emergencies.

Patients are required to make two trips, one for a counseling session -- which does not have to be in person -- and then 72 hours later for the abortion.

North Dakota

In September, North Dakota’s near-total abortion ban was repealed after the state Supreme Court ruled it was unconstitutionally vague.

This means that abortion is currently allowed in the state up until fetal viability, considered between 24 and 26 weeks’ gestation.

The ruling is being appealed and, while abortion may be legal, there are currently no abortion clinics in the state. 

Ohio

Ohio currently allows abortion up to 22 weeks' gestation.

Last year, a ballot measure passed, changing the Ohio constitution to establish "an individual right to one's own reproductive medical treatment, including but not limited to abortion." Treatment includes contraception, fertility treatments, miscarriage care and abortion care.

Patients are required to make two trips at least 24 hours apart, first for an in-person counseling session and second for the procedure.

Oklahoma

Oklahoma has banned abortion with no exceptions except to save the life or health of the pregnant woman.

A 72-hour waiting period is required after a counseling session to receive an abortion.

Patients must receive a medication abortion in person because state laws ban the use of telehealth.

Oregon

Oregon does not prohibit abortion based on how far along someone is in pregnancy.

Pennsylvania

Pennsylvania allows abortions up to 24 weeks of pregnancy. However, a 24-hour waiting period is required after a counseling session to receive an abortion.

Rhode Island

Rhode Island allows abortions up until fetal viability, considered between 24 and 26 weeks' gestation.

South Carolina

South Carolina has a six-week abortion ban in place. Exceptions for rape or incest are allowed through the first trimester as well as for a "fatal fetal anomaly" and to save the life or health of the pregnant woman.

Patients are required to make two trips, one for a counseling session -- which does not have to be in person -- and then 24 hours later for the abortion.

Patients must receive an ultrasound even if medically unnecessary and receive a medication abortion in person because state laws ban the use of telehealth.

South Dakota

South Dakota has banned all abortions except to preserve the life or health of the pregnant woman.

Patients are required to make two trips, one for an in-person counseling session and then 48 hours later for the abortion.

Yes on G stickers and information sit on the table during the election watch party, Nov. 5, 2024, at ICON Events + DaDa Gastropub in Sioux Falls, S.D.
Samantha Laurey/Argus Leader/USA Today Network

Patients must receive a medication abortion in person because state laws ban the use of telehealth.

In the Nov. 5 election, voters failed to approve a proposal that would have established a constitutional right to abortion but allow some restrictions based on the stage of pregnancy.

Tennessee

Tennessee has banned abortion except to save the life or health of the pregnant woman.

Patients are required to make two trips, one for an in-person counseling session and then 48 hours later for the abortion.

Patients must receive an ultrasound even if medically unnecessary and receive a medication abortion in person because state laws ban the use of telehealth.

Texas

Abortions are banned in Texas except if the person has a life-threatening condition or is at risk of "substantial impairment of a major bodily function."

Patients are required to make two trips, one for an in-person counseling session and then 24 hours later for the abortion.

Patients must receive an ultrasound even if medically unnecessary and receive a medication abortion in person because state laws ban the use of telehealth.

Utah

Abortions are allowed in Utah up to 18 weeks' gestation.

Patients are required to make two trips, one for an in-person counseling session and then 72 hours later for the abortion.

Patients must receive a medication abortion in person because state laws ban the use of telehealth.

Vermont

Vermont does not restrict abortion based on gestational age.

In 2023, Vermont voters decided to amend the state's constitution to include a right to "personal reproductive autonomy," which includes abortion.

Virginia

Abortion is prohibited starting in the third trimester in Virginia.

Washington

In Washington, abortion is banned at fetal viability, considered between 24 and 26 weeks' gestation.

West Virginia

West Virginia has banned nearly all abortions with limited exceptions including if the fetus is non-viable, in cases of medical emergency and to save the life of the pregnant woman.

Exceptions are allowed in cases of rape and incest but only up until eight weeks' gestation and if the incident is reported to law enforcement.

Wisconsin

Abortions are banned in Wisconsin after 22 weeks' gestation.

Patients are required to make two trips, one for an in-person counseling session and then 24 hours later for the abortion.

Patients must receive an ultrasound even if medically unnecessary and to receive a medication abortion in person because state laws ban the use of telehealth.

Wyoming

Wyoming allows abortions up until fetal viability, considered between 24 and 26 weeks' gestation.

ABC News' Nadine El-Bawab contributed to this report.

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