Roe v Wade: Which US states are banning abortion?

Updated: May 26, 2023

explainer

Protesters gather inside the South Carolina House as members debate a new near-total ban on abortion with no exceptions for pregnancies caused by rape or incest at the state legislature in Columbia, South Carolina, U.S. August 30, 2022. REUTERS/Sam Wolfe

What’s the context?

More states are clamping down on abortion nearly a year since a Supreme Court ruling upended reproductive rights in the United States

LONDON - About half of U.S. states have banned abortion or taken steps to limit access since a Supreme Court ruling nearly a year ago upended reproductive rights in the country.

The top court handed states a free rein to make their own laws after overturning a 1973 ruling known as Roe v. Wade that had legalized abortion nationwide.

Even before the court's June 24, 2022 decision, some states had already passed so-called trigger bans, which were designed to be activated if abortion protections were scrapped.

States with total bans include Alabama, Arkansas, Idaho, Kentucky, Louisiana, Mississippi, Missouri, Oklahoma, North Dakota, South Dakota, Tennessee, Texas and West Virginia.

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Reproductive rights in liberal states could also be under threat with anti-abortion activists seeking to block nationwide access to the drug mifepristone, which is used to end pregnancies in the first 10 weeks.

Abortion supporters say abortion restrictions will hit women from poorer and minority communities hardest.

Here is a list of states introducing bans and curbs.

ALABAMA - The state passed a law banning abortion in 2019, but it only came into force after the Supreme Court ruling. Anyone convicted of carrying out an abortion faces up to life in prison.

The 2019 Human Life Protection Act compares abortion to historical genocides.

ARIZONA - Abortion is allowed up to 15 weeks and six days. Attempts to enforce an outright ban have been blocked by a state appeals court.

ARKANSAS - A trigger ban went into effect last June. Anyone who performs an abortion faces up to 10 years in prison, a fine of up to $100,000, or both.

There is an exception if the mother's life is in danger.

FLORIDA - Republican Governor Ron DeSantis signed a six-week abortion ban in April, with exceptions in cases of rape, incest or where the mother's life or health is at risk.

But the law cannot take effect until Florida's Supreme Court rules on the constitutionality of the current 15-week ban.

A ban on terminations after six weeks - before many women know they are pregnant - would impact women in more restrictive states across the South East who often travel long distances to Florida to access abortions.

Florida used to permit terminations until 24 weeks.

GEORGIA - A 2019 law banning abortion when a fetal heartbeat is detected, usually at around six weeks, took effect last July. There are exceptions for medical emergencies and cases of rape or incest if a police report has been filed.

IDAHO - Idaho has introduced a total ban. Anyone breaking the law can face up to five years in prison.

A separate law allows people who would have been relatives of an aborted fetus to sue the doctor who carried out the termination.

A bill signed into law in April also makes it illegal to help a minor get an abortion in another state, or access abortion pills, without a parent or guardian's permission - activities it terms "abortion trafficking".

INDIANA - In September, Indiana became the first state to introduce a new law banning abortion following the Supreme Court ruling. But enforcement has since been blocked while Indiana's supreme court considers whether it violates the state constitution.

KENTUCKY - A trigger ban took effect last year. There are no exceptions for rape or incest. Anyone performing an abortion risks up to five years in prison.

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

LOUISIANA - A trigger ban went into effect last June. Anyone providing an abortion could face up to 10 years in prison and a fine of between $10,000 and $100,000. There is an exception when a woman's life is in danger.

Confusion around the new law was highlighted after a woman who was pregnant with a baby with no skull said doctors refused her an abortion in a case that made headlines worldwide.

MISSISSIPPI – A trigger ban went into effect last July. Anyone who performs an abortion risks up to 10 years in prison. There are exceptions if a woman's life is in danger or in cases of rape or incest reported to police.

MISSOURI - A trigger ban took effect last June with exceptions for medical emergencies, but not for rape or incest.

Anyone performing an abortion could face up to 15 years in prison. Medical professionals could also lose their licenses.

NEBRASKA - The state banned abortion beyond 12 weeks in May with exceptions for medical emergencies and cases of rape or incest. Abortion was previously legal up to 22 weeks.

NORTH CAROLINA - Abortion, which is currently permitted up to 20 weeks, will become illegal after 12 weeks in July.

The new law also stipulates that a woman wanting to end a pregnancy with abortion pills undergo an in-person consultation with a doctor 72 hours beforehand.

This will make it harder for women in more restrictive states to seek an abortion in North Carolina.

NORTH DAKOTA - In April, Governor Doug Burgum signed legislation banning almost all abortion. There are exceptions in cases of rape and incest, but only for the first six weeks of pregnancy.

OHIO - A "fetal heartbeat" ban came into force in July, but has been blocked pending a legal challenge by abortion providers.

The law made headlines in July when a 10-year-old rape victim was forced to travel to Indiana to get an abortion.

OKLAHOMA – In May 2022, Oklahoma became the first state to ban abortion from the moment of fertilization. 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 last August carries penalties of up to 10 years in jail and a $100,000 fine.

SOUTH CAROLINA - A "fetal heartbeat" ban took effect on May 25, but reproductive rights groups are set to challenge it.

In January, South Carolina's Supreme Court struck down a similar ban, ruling it unconstitutional. But one of the justices has since retired, leaving it unclear how the court would rule on the new measure.

SOUTH DAKOTA - A trigger ban, which took effect after the Supreme Court ruling, outlaws all abortion except where a woman's life is in danger.

TENNESSEE - A trigger ban took effect last August, with exceptions where a woman's life is in danger or there is risk of permanent damage.

TEXAS – A trigger ban came into force last year. Anyone providing an abortion can face up to life in prison.

Texas made headlines in 2021 when it passed a "fetal heartbeat" ban in defiance of Roe v. Wade.

Citizens can also sue doctors who perform abortions, potentially collecting $10,000 for successful lawsuits. President Joe Biden's administration has called this a "bounty".

Republican state representatives are now seeking to force internet providers to block websites that provide abortion pills or information on how to obtain an abortion.

UTAH - A Utah judge has blocked a trigger ban pending a legal challenge by abortion provider Planned Parenthood.

In May, he also temporarily blocked a law that would prohibit the licensing of abortion clinics.

WEST VIRGINIA - West Virginia passed a ban last September, with exceptions for medical emergencies, rape or incest.

WISCONSIN - Clinics have stopped providing abortions due to uncertainty over whether the state can enforce its pre-Roe abortion ban, first enacted in 1849.

WYOMING - A judge has temporarily blocked a ban following a legal challenge, meaning abortion is still permitted until about 24 weeks. The lawsuit also challenges another law due to take effect in July which would ban the use of abortion pills.

This article was updated on May 26, 2023, to include the latest developments since the court ruling.

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

(Reporting by Emma Batha; Editing by Helen Popper)

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Protesters hold a banner reading 'abortion is a basic right' during a rally in support of abortion rights following the U.S. Supreme Court overturning Roe v. Wade, in Paris, France, July 2, 2022

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