Where do US states stand on abortion bans as new Trump era dawns?
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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President-elect Donald Trump's return to the White House will embolden anti-abortion activists who want to further restrict access, reproductive rights experts say.
Abortion is a deeply divisive issue in the United States where a 2022 Supreme Court ruling in 2022 upended reproductive rights across the country.
More than 20 Republican-led states have banned or limited abortion since the court scrapped a 1973 ruling known as Roe v. Wade that had made pregnancy terminations legal nationwide.
Trump, who appointed three of the justices that overturned Roe, previously floated interest in a federal ban on abortions after 15 weeks of pregnancy, but has since said he will leave the issue to each state to decide.
Here is a list of developments in states introducing bans and curbs. An asterisk denotes states that passed so-called trigger bans prior to the 2022 ruling, which were designed to kick in if Roe v. was overturned.
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 - Voters approved a ballot measure in November last year to amend the state constitution to protect abortion rights up until fetal viability, generally considered to be around 23 or 24 weeks.
The vote overturns the state's ban on abortion after 15 weeks of pregnancy, which was introduced in 2022.
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 a haven for women seeking abortions from other southern states that imposed strict laws after the 2022 ruling.
A proposal to amend the state constitution to guarantee abortion rights was backed by more than half of voters in November but failed to secure the 60% support needed to pass.
GEORGIA - A 2019 law banning abortion when a "fetal heartbeat" is detected, usually at about six weeks, took effect in 2022. A judge ruled in September the law was unconstitutional, but Georgia's Supreme Court quickly reinstated it. Legal proceedings continue.
IDAHO* - Banned. Lawbreakers face up to five years in prison.
Idaho has also become the first state to introduce an "abortion trafficking" law making it illegal to take a minor to get an abortion out of state without parental consent.
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 make clear that it did not protect abortion rights.
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.
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* - The state is the first to vote to undo a ban on terminations and now allows abortion up to fetal viability.
Missouri banned abortion after the 2022 Supreme Court ruling, but residents voted in November to amend the state constitution to enshrine protections for abortion.
However, abortion providers have not yet resumed practice in the state.
NEBRASKA - The state has banned abortion after 12 weeks. There are exceptions for rape and incest.
Voters in November's election rejected a ballot measure to add abortion rights to the constitution, choosing instead to enshrine 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 in September. Abortion had been outlawed in April 2023. Although terminations are now legal, there are no abortion clinics in North Dakota.
OHIO -An Ohio judge permanently struck down the state's "fetal heartbeat" ban on abortion in October. The ban, which took effect after Roe v. Wade was overturned, had been blocked since September 2022 pending a legal challenge.
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 rejected a ballot measure in November to add abortion rights to their state constitution.
TENNESSEE* - Banned. There are no exceptions for rape or incest. In October, a Tennessee court blocked enforcement of the ban in certain medical emergencies.
TEXAS* – Banned. Anyone providing an abortion can face up to life in prison. There are no exceptions for rape or incest.
Texas 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 helps someone get an illegal abortion or provides one.
Several 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.
Texas Attorney General Ken Paxton is suing a New York doctor for allegedly providing a Texas woman with abortion pills by telemedicine in what appears to be the first lawsuit of its kind.
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 blocked the state's strict abortion laws, including a ban on the use of abortion drugs, keeping abortion in the state legal for now although the ruling is likely to be appealed.
This article was updated on Jan 2o, 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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