What You Need to Know

Abortion is a safe and common medical procedure, but that hasn’t stopped anti-choice politicians: for decades, efforts to limit access to abortion have escalated, now reaching an all-time high. As anti-abortion policymakers gain momentum across states, providers and activists continue to organize for abortion access.

On June 24, 2022, the Supreme Court issued its ruling in Dobbs v. Jackson Women’s Health Organization regarding Mississippi’s 15-week abortion ban, overturning previous opinions Roe and Casey and eliminating the constitutional right to abortion. The ruling permits each state’s government to determine its own abortion laws. As a result, many clinics have now closed completely. In multiple states, ongoing litigation is challenging state abortion bans.

What is the Status of Abortion in Your State?

👀 = states we’re watching for additional abortion restrictions, ongoing or
new litigation, or other practical changes (i.e. clinic closures, etc.)

Alabama
Alabama
Banned

As of 6/24/2022, abortion is banned throughout the state with very limited exceptions.

Alaska
Protected

Abortion is legal throughout the state, without any limits or restrictions. The 1997 Alaska Supreme Court affirmed the right to reproductive choice in the state constitution.

Arizona
Restricted

As of 9/24/2022, abortion is banned at 15 weeks of pregnancy throughout the state with very limited exceptions. On 12/30/2022, the Arizona Court of Appeals upheld the 15-week ban, but also ruled that the state cannot impose the 1864 law that would ban abortion nearly entirely.

Arkansas
Banned

As of 6/24/2022, abortion is banned throughout the state with very limited exceptions.

California
Protected

As of 11/8/2022, abortion and contraception rights are explicitly enshrined in the state constitution after California voters approved Proposition 1. Four years prior to Roe v. Wade, the California Supreme Court had affirmed abortion rights as protected under the state constitution. Abortion is legal throughout California until “viability” (24-26 weeks of pregnancy).

Colorado
Protected

As of 4/4/2022, abortion is protected as a fundamental right throughout the state. Abortion is legal throughout Colorado, without any limits or restrictions.

Connecticut
Protected

Delaware
Protected

Florida
Restricted 👀

As of 7/5/2022, abortion is banned at 15 weeks of pregnancy throughout the state with no exceptions. The state Supreme Court has agreed to take up the case challenging the 15-week ban, and has previously recognized the right to abortion under the state constitution; however, Florida legislators have also discussed passing a 12-week ban with exceptions during the 2023 legislative session.

Georgia
Restricted 👀

As of 11/23/2022, abortion is banned at 6 weeks of pregnancy throughout the state with very limited exceptions. The 6-week ban is in effect while the Georgia Supreme Court considers an appeal from abortion providers.

Hawaii
Protected

Idaho
Banned

As of 8/25/2022, abortion is banned throughout the state with very limited exceptions.

Illinois
Protected

Indiana
Restricted 👀

Iowa
Restricted 👀

Kansas
Protected

Kentucky
Banned

As of 7/15/2022, abortion is banned throughout the state with very limited exceptions.

Louisiana
Banned

As of 6/24/2022, abortion is banned throughout the state with very limited exceptions.

Maine
Protected

Maryland
Protected

Massachusetts
Protected

Michigan
Protected

As of 11/8/2022, abortion and contraception rights are explicitly enshrined in the state constitution after Michigan voters approved Proposal 3. Abortion is legal throughout Michigan until “viability” (24-26 weeks of pregnancy).

Minnesota
Protected

Mississippi
Banned

As of 7/7/2022, abortion is banned throughout the state with very limited exceptions.

Missouri
Banned

As of 6/24/2022, abortion is banned throughout the state with very limited exceptions.

Montana
Legal 👀

Nebraska
Legal 👀

Nevada
Protected

New Hampshire
Legal

New Jersey
Protected

As of 1/13/2022, abortion is protected as a fundamental right throughout the state and the Supreme Court of New Jersey has recognized this right under the state constitution. Abortion is legal throughout New Jersey, without any limits or restrictions.

New Mexico
Protected

Abortion is legal throughout the state, without any limits or restrictions.

New York
Protected

North Carolina
Restricted 👀

North Dakota
Restricted 👀

Ohio
Restricted 👀

Oklahoma
Banned

As of 5/25/2022, abortion is banned throughout the state with very limited exceptions.

Oregon
Protected

Abortion is legal throughout the state, without any limits or restrictions.

Pennsylvania
Protected

Rhode Island
Protected

South Carolina
Restricted 👀

South Dakota
Banned

As of 6/24/2022, abortion is banned throughout the state with very limited exceptions.

Tennessee
Banned

As of 8/25/2022, abortion is banned throughout the state with very limited exceptions.

Texas
Banned

As of 7/1/2022, abortion is banned throughout the state with very limited exceptions.

Utah
Restricted 👀

Vermont
Protected

As of 11/8/2022, abortion is protected as a fundamental right throughout the state after New Jersey voters approved Proposal 5, enshrining abortion rights in the state constitution. Abortion is legal throughout Vermont, without any limits or restrictions.

Virginia
Legal 👀

Washington
Protected

Washington D.C.
Protected

Abortion is legal throughout the District, without any limits or restrictions. However, without legal statehood, U.S. Congress could prohibit or restrict abortion in the District.

West Virginia
Banned

As of 9/16/2022, abortion is banned throughout the state with very limited exceptions.

Wisconsin
Banned 👀

As of June 2022, abortion providers throughout the state have paused services due to an 1849 law that completely bans abortion. While the Democratic governor and attorney general have said they will not enforce the law, litigation is ongoing. The status of this law is likely to be impacted by April 2023’s state Supreme Court election.

Wyoming
Restricted 👀

Sources

In 2021, Texas’ SB8 law set off a wave of anti-abortion sentiment and presented new hurdles for reproductive rights.

This was the first time a six-week ban has actually taken effect—and one of the most extreme laws we’ve seen. At six weeks, 1 in 3 don’t know they’re pregnant, a statistic that nearly doubles for pregnant teens (15-19 years old). SB8 allows private citizens to sue anyone who “aids and abets” someone in getting an abortion after six weeks, including anyone providing transportation to a clinic or offering financial assistance for the procedure. Laws like these disproportionately harm Black people, people of color, youth, low-income people, and queer people, and threaten abortion providers.

In 2021, 108 different restrictions were enacted to create barriers to abortion access at the state and local levels—the most in one year since Roe v. Wade was decided in 1973.

The Guttmacher Institute reports 19 states enacted abortion bans in 2021. There are many different kinds of abortion bans:

  • Alaska and Oklahoma passed laws banning abortion at any point in a pregnancy, only with the exception if the patient’s life is endangered;
  • Idaho, Oklahoma, South Carolina, and Texas all passed 6 week bans (with few exceptions);
  • Montana banned abortion after 20 weeks;
  • South Dakota banned abortion specifically in cases of Down syndrome;
  • and Arizona banned abortion in cases of fetal abnormality.
Graph from Guttmacher Institute titled "US States have enacted 1,381 restrictions since Roe v. Wade was decided in 1973"

Medication abortion was greatly limited in 8 states.

Arizona, Arkansas, Indiana, Montana, Ohio, Oklahoma, South Dakota, and West Virginia enacted restrictions for medication abortion, including prohibiting tele-health visits for this purpose. Arizona and Arkansas also disobeyed the FDA decision to allow the abortion pill to be mailed during the pandemic. Arkansas, Indiana, South Dakota, and West Virginia now require providers to misinform patients that there is a “reversal” for medication abortion, a claim with little to no evidence.

New TRAP laws restricting access passed in 7 states.

In Arizona, Arkansas, Indiana, Kentucky, Ohio, Oklahoma, and Tennessee, new TRAP (Targeted Regulation of Abortion Providers) laws include laws requiring fetal tissue to be buried or cremated (AZ and TN) and requiring providers to ensure another physician with admitting privileges at a hospital within 25 miles of the clinic is available if they are unable to obtain a transfer agreement (OH).

However, some states have expanded abortion access since 2021.

New Mexico repealed its pre-Roe abortion ban; Virginia repealed the law banning abortion from being covered by plans in its state insurance exchange; Hawaii passed a law permitting advanced practice nurses to provide abortion care; Washington passed a law requiring college health insurance plans that cover maternity care to also cover abortion care; and Colorado passed a law ensuring that public funds pay for abortion services.

Join the Fight for Abortion Access

Learn about bringing the Adopt-A-Clinic and/or Expose Fake Clinics campaign(s) to your campus and community!