Which US states are banning abortion as election nears?

Protesters gather inside the South Carolina House as members debate a near-total ban on abortion in Columbia, South Carolina, U.S. August 30, 2022. REUTERS/Sam Wolfe
explainer

Protesters gather inside the South Carolina House as members debate a near-total ban on abortion in Columbia, South Carolina, U.S. August 30, 2022. REUTERS/Sam Wolfe

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More than a dozen states have banned abortion since a US Supreme Court ruling upended reproductive rights two years ago

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Abortion is a key issue in this year's U.S. presidential election with both sides weighing in on the highly divisive topic following a slew of state bans.

About half of U.S. states have introduced bans or restrictions since a landmark Supreme Court ruling in June 2022, which gave them free rein to make their own abortion laws.

The court upended reproductive rights in the country after overturning a 1973 ruling known as Roe v. Wade that had made pregnancy terminations legal nationwide.

However, many of the new state bans have faced legal challenges with some being blocked.

Democratic candidate Kamala Harris wants federal abortion protections restored, while Republican rival Donald Trump says laws should be set by individual states.

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At least nine states are expected to vote on ballot measures to guarantee abortion rights in the Nov. 5 election.

Here is a list of states introducing bans and curbs. An asterisk shows the 13 states that had passed so-called trigger bans prior to the 2022 ruling, which were designed to kick in if Roe v. Wade fell.  

ALABAMA - Banned. The Human Life Protection Act - which compares abortion to historical genocides - was passed in 2019, but only came into force after the Supreme Court ruling. Anyone convicted of performing an abortion faces up to life in prison. There are no exceptions for rape or incest.

ARIZONA - The state banned abortion after 15 weeks of pregnancy in 2022, but a ballot measure in November could amend the state constitution to protect abortion up to fetal viability, generally considered to be around 23 or 24 weeks.

The state made headlines this year when it revived an 1864 near-total abortion ban but lawmakers have since repealed it.

ARKANSAS* - Banned. Anyone who performs an abortion faces up to 10 years in prison, a fine of up to $100,000, or both. There are no exceptions for rape or incest.

FLORIDA - A ban on abortion after six weeks - before many women know they are pregnant - went into force in May.

Florida had previously provided abortions to women from other southern states where strict laws were quickly imposed after the 2022 ruling.

But Florida's ban could be short-lived. A ballot measure in November will ask voters whether they want to amend the constitution to protect abortion access.

GEORGIA - A 2019 law banning abortion when a fetal heartbeat is detected, usually at about six weeks, took effect in 2022. There are exceptions for rape or incest if a police report has been filed.

IDAHO* - Banned. Lawbreakers face up to five years in prison.

A judge has blocked enforcement of a separate law making it illegal to help a minor get an abortion in another state. Copycat bills have been introduced in other states but are not yet in effect.

INDIANA - Banned. Indiana was the first state to pass a new law banning abortion following the Supreme Court ruling. However it only went into effect in August 2023 due to a legal challenge. There are exceptions for rape, incest, fatal fetal anomalies and to prevent serious risk to the mother's health.

IOWA - A ban on abortion after six weeks came into force in July after state judges rejected a legal challenge by abortion provider Planned Parenthood. Abortion was previously permitted up to 20 weeks.

KENTUCKY* - Banned. Anyone performing an abortion risks up to five years in prison. There are no exceptions for rape or incest.

Voters in Kentucky, however, rejected a proposal to amend the state's constitution to say that residents do not have a right to abortion.

LOUISIANA* - Banned. Anyone providing an abortion could face up to 10 years in prison and a fine of between $10,000 and $100,000. There are no exceptions for rape and incest.

In May, Louisiana became the first state to classify abortion pills as controlled substances, making it riskier for residents to bring in pills from other states or order them online without a prescription. 

MISSISSIPPI* – Banned. Anyone who performs an abortion risks up to 10 years in prison. There are exceptions in cases of rape reported to police.

MISSOURI* - Banned. Anyone performing an abortion could face up to 15 years in prison. Medical professionals could also lose their licences. There are no exceptions for rape or incest.

But voters will be able to decide whether to add abortion rights to the state constitution in a November ballot.

NEBRASKA - The state has banned abortion after 12 weeks. There are exceptions for rape and incest.

Voters will face competing ballot measures in November - one adding abortion to the state constitution, the other enshrining the 12-week ban.

NORTH CAROLINA - A law banning abortion after 12 weeks took effect last year.

NORTH DAKOTA* - A state court judge overturned North Dakota's near-total ban on Sept 12, paving the way for it to become legal. Abortion had been outlawed in April 2023 with very limited exceptions in cases of rape and incest.

OKLAHOMA* – Banned. In May 2022, Oklahoma became the first state to ban abortion from the moment of fertilisation. The law, passed in defiance of Roe v. Wade, also allows private citizens to sue anyone who helps a woman terminate a pregnancy.

A separate trigger ban that came into force in August 2022 carries penalties of up to 10 years in jail and a $100,000 fine.

There are no exceptions for rape or incest.

SOUTH CAROLINA - The Supreme Court upheld a hotly contested "fetal heartbeat" ban last year, rejecting a legal challenge by Planned Parenthood.

SOUTH DAKOTA* - Banned. There are no exceptions for rape or incest. Voters will be able to decide whether to add abortion rights to their state constitution in a November ballot.

TENNESSEE* - Banned. There are no exceptions for rape or incest.

TEXAS* – Banned. Anyone providing an abortion can face up to life in prison. There are no exceptions for rape or incest.

Texas caused controversy when it passed a "fetal heartbeat" ban in 2021 before Roe v Wade was dismantled. A full ban came into force in 2022.

The 2021 law allows citizens to sue anyone who aids, abets or provides an illegal abortion. A man is currently suing three women for allegedly helping his ex-wife end a pregnancy.

Several cities and counties have also banned what they call "abortion trafficking" - the act of transporting a person along their roads for an abortion. The roads include highways connecting Texas to New Mexico where abortion is legal.

UTAH* - A Utah judge has blocked a trigger ban pending a legal challenge by Planned Parenthood, meaning abortion remains legal up to 18 weeks.

WEST VIRGINIA - Banned. There are exceptions for rape and incest.

WYOMING* - A judge has temporarily blocked a near-total abortion ban pending a legal challenge and a separate law outlawing the use of abortion pills, which was due to take effect in July 2023 and would have been the first such ban in the country.

This article was updated on Sept 27, 2024, to include the latest developments.

SOURCES: Reuters, Guttmacher Institute, ACLU, U.S. state documents   

(Reporting by Emma Batha; Editing by Katy Migiro, Sonia Elks, Clar Ni Chonghaile, and Helen Popper.)


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