The Current Standing of Abortion Laws in Every U.S. State
On June 24, 2022, the US Supreme Court overturned Roe v. Wade in their landmark ruling, Dobbs v. Jackson Women’s Health Organization, eliminating federal protection of abortion rights and allowing states to legislate abortion as they saw fit. In the weeks and months that followed, Republican-controlled states rushed to pass abortion bans and Democratic states responded by expanding abortion access and passing laws protecting the right to abortion in their states. Even today, a year and a half after the landmark Supreme Court decision, the landscape surrounding abortion is changing rapidly. New laws, court decisions, and ballot measures are constantly reshaping laws across all 50 states. This article seeks to clarify major state laws as of October 2023, but the volatility of American Politics means laws are bound to change. States are still required to provide abortions in the event of serious medical emergencies, but the standard for what constitutes a medical emergency varies widely.
Glossary
Viability: The point at which a fetus can survive outside of a mother’s womb, usually around 20–24 weeks. Most states where abortion is broadly legal begin to restrict access at this point.
Trigger Law: A law prepared prior to Dobbs v Jackson that would take effect as soon as abortion was no longer protected. Some states had bans in place prior to Roe which were ruled unenforceable, but never removed from the books. They effectively served as trigger laws, only able to be enforced after the fall of Roe.
State Laws
Alabama
In Alabama, abortion is completely illegal with no exceptions for rape or incest. In June 2019, Republican Governor Kay Ivey signed the Human Life Protection Act, the state’s current ban, but it was ruled unenforceable until Dobbs.
Alaska
Abortion is legal in Alaska throughout pregnancy, which is unique given its Republican lean. This is likely due to the fact that many Alaska voters lean more Libertarian or Independent than Liberal or Conservative and are thus more opposed to any policy that restricts freedom or autonomy, including abortion.
Arizona
Currently, abortion is legal up to 15 weeks. Arizona originally had a total ban on abortion dating back to 1864, which briefly went back into effect, but was temporarily blocked by a judge and awaiting a decision from the Arizona Supreme Court. A separate 15-week ban, the law currently in place, was passed as a trigger law in March 2022. The Republican-controlled state legislature has been unable to pass a new ban due to the state’s Democratic governor, Katie Hobbs.
Arkansas
Abortion is completely illegal with no exceptions for rape or incest.
California
Abortion is legal in California up to viability. In 2022, voters approved Proposition 1 by an overwhelming margin, enshrining the right to abortion in the state Constitution.
Colorado
Abortion is legal at all stages of pregnancy.
Connecticut
Abortion is legal in Connecticut up to viability.
Delaware
Abortion is legal in Delaware up to viability.
Florida
Currently, abortion in Florida is legal up to 15 weeks, but that could change in either direction at any moment. The Florida Supreme Court ruled in 1989 that abortion was protected under the State Constitution, but the Court has agreed to reconsider that decision. Governor Ron Desantis has signed a six-week abortion ban set to go into effect following a favorable Court ruling.
Independent of the Supreme Court ruling, abortion rights activists have begun an effort to enshrine the right to abortion into the state Constitution via ballot measure in 2024, which would need 60% to pass.
Georgia
Abortion in Georgia is legal up to six weeks with exceptions for rape and incest.
Hawaii
Abortion is legal in Hawaii up to viability.
Idaho
Abortion in Idaho is banned from conception, with limited exceptions for rape and incest. Idaho Attorney General Raúl Labrador, a Republican, has attempted to ban Idaho citizens from traveling out of state to get an abortion, but that was blocked in Federal Court.
Illinois
Abortion in Illinois is legal up to viability.
Indiana
Abortion is banned in Indiana from conception with exceptions for rape and incest up to ten weeks.
Iowa
Currently, abortion in Iowa is legal up to 20 weeks, but that is vulnerable to change. The Iowa Legislature passed a six-week ban in July 2023, but that was very narrowly blocked by the Iowa Supreme Court. This is due to one justice abstaining, which led the Court to deadlock 3–3 and default to the appellate court’s ruling against the ban. The Legislature then passed a near-identical ban, which was once again blocked and awaiting consideration by the State Supreme Court.
Kansas
Abortion is legal in Kansas up to 20 weeks due to a 2019 ruling in the Kansas Supreme Court. The Republican-controlled Legislature attempted to undo this decision by approving a ballot measure in August 2022, but that measure failed.
Kentucky
Abortion is banned from conception in Kentucky with no exceptions for rape or incest.
Louisiana
Abortion in Louisiana is banned from conception with no exceptions for rape or incest. The 2022 ban was signed into law by Democratic Governor John Bel Edwards, one of the few members of his party to actively oppose abortion.
Maine
Abortion in Maine is legal up to viability.
Maryland
Abortion in Maryland is legal up to viability.
Massachusetts
Abortion in Massachusetts is legal up to viability.
Michigan
Abortion is legal in Michigan up to viability. A Pre-Roe ban briefly went into effect after Dobbs, but it was fully repealed in April 2023. Furthermore, Proposal 3, a proposed amendment protecting the right to abortion in the State Constitution, was approved by voters in 2022.
Minnesota
Abortion in Minnesota is legal up to viability.
Mississippi
Abortion in Mississippi is banned from conception with exceptions for rape, but not incest. Mississippi passed a 15-week abortion ban which eventually led to the overturn of Roe. After being signed into law in 2019, the law was blocked by a federal judge before eventually being appealed to the Supreme Court. The Supreme Court upheld the Mississippi law under the justification that the Constitution did not protect the right to abortion, leading to the end of federal abortion protections. Following this ruling, a separate trigger ban, the ban that is currently in place, was enacted by the state’s Republican Attorney General.
Missouri
Abortion is completely banned in Missouri with no exceptions for rape or incest. Following success in other states, most notably neighboring Kansas, abortion rights activists have begun the process of petitioning for a ballot measure to protect abortion rights in the state, which may be available on the 2024 ballot.
Montana
Abortion in Montana is legal up to viability due to a 1999 ruling by the State Supreme Court, which was reaffirmed in 2018 and 2023 rulings. In 2022, Republican lawmakers sought to restrict the ability of physicians to abort medically nonviable fetuses with a ballot measure, but that narrowly failed.
Nebraska
Abortion is legal up to 12 weeks in Nebraska. Due to the state’s extensive filibuster freedoms, Democrats in the State Legislature were able to block the passage of laws restricting abortion for most of the 2023 Legislative Session, despite being in the minority. At the very end of the session, Republicans succeeded in adding the 12-week ban as an amendment to a separate bill restricting gender-affirming care for minors, allowing it to circumvent normal filibuster procedures. The bill passed and was signed into law by Republican Governor Jim Pillen soon after. The law is currently being challenged in court due to its potentially unconstitutional passage, as state law requires Legislative amendments to be related to the original bill subject.
Nevada
Abortion is legal in Nevada up to 24 weeks.
New Hampshire
Abortion is legal in New Hampshire up to 24 weeks.
New Jersey
Abortion is legal throughout pregnancy in New Jersey.
New Mexico
Abortion is legal throughout pregnancy in New Mexico.
New York
Abortion is legal up to viability in New York.
North Carolina
Abortion in North Carolina is legal up to 12 weeks. Following the 2022 elections, Republicans were one seat short of a supermajority in the State House. With Democratic Governor Roy Cooper vowing to veto any bill restricting abortion, that left Republicans unable to pass an abortion ban. That changed in April 2023 when Democratic State Representative Tricia Cotham, previously an outspoken abortion advocate, unexpectedly switched to the Republican Party. The Legislature passed a 12-week ban soon after, overriding Cooper’s veto.
North Dakota
Abortion is banned from conception in North Dakota with exceptions for rape and incest up to six weeks.
Ohio
Abortion is legal in Ohio up to 22 weeks. A trigger law for a six-week ban was passed in 2019 and briefly went into effect after Dobbs, but was blocked by a judge in September 2022.
This November, Ohioans will be able to vote on the fate of abortion in the state with “The Right to Reproductive Freedom with Protections for Health and Safety”. If passed, it will codify reproductive rights into the State Constitution.
“Elevating the Standards to Qualify for an Initiated Constitutional Amendment and to Pass a Constitutional Amendment”, an amendment to force ballot measures to receive 60% to pass, failed in an August Referendum. This measure was created specifically to make passing abortion protections via ballot measure more difficult, as was publicly admitted by Republican Secretary of State Frank LaRose.
Oklahoma
Abortion is banned in Oklahoma from conception with exceptions for rape, but not incest. The state passed a civil abortion ban in May 2022, one month before the reversal of Roe.
A civil ban gives citizens the ability to sue abortion providers and recipients. It is difficult to challenge such laws in court as there is no enforcer to sue. This is one of only two states able to successfully limit abortion pre-Dobbs by using a civil ban, the other being Texas.
Oklahoma Legislators have long tried to limit medical exceptions to its abortion ban, with little succsee. In March 2023, the Oklahoma Supreme Court ruled 5–4 that abortion is a protected right in life-threatening medical emergencies and later struck down two laws deemed too strict on those pursuing medically-necessary abortions.
Oregon
Abortion is legal in Oregon throughout pregnancy.
Pennsylvania
Abortion is legal in Pennsylvania up to 24 weeks.
Rhode Island
In Rhode Island, abortion is legal up to viability.
South Carolina
Abortion is legal up to six weeks in South Carolina. The state’s initial abortion ban was struck down by the State Supreme Court in January 2023 in a 3–2 decision. A near-identical abortion ban was approved by the State Supreme Court in August 2023 following changes in the makeup of the court.
South Dakota
Abortion is banned from conception in South Dakota with no exceptions for rape or incest.
Tennessee
Abortion is banned from conception in Tennessee with no exceptions for rape or incest.
Texas
Abortion is banned from conception in Texas with no exceptions for rape or incest. Texas was the first state to successfully pass abortion restrictions beyond the limits of Roe when they passed a civil ban in September 2021, allowing citizens to sue anyone who facilitates an abortion after six weeks. Laws like this are nearly impossible to challenge in court as there is no enforcer to sue. As such, the Supreme Court declined to overturn the law despite its contradiction with Roe. Following Dobbs, the state’s trigger law, relying on traditional criminal enforcement and banning abortion from conception, went into effect.
Recently, several cities and counties within the state have attempted to ban people from traveling through their borders to obtain an abortion. Since this relies on a civil enforcement mechanism, it is unclear of the effect these laws will have or if they will withstand a challenge in state or federal court.
Utah
Abortion is currently legal up to 18 weeks in Utah, but that may be subject to change. The state had a trigger law banning abortion from conception, but it was blocked by a state judge immediately after implementation. Following an appeal in August, the Utah Supreme Court may eventually determine the validity of abortion bans under the State Constitution.
Vermont
Abortion is legal throughout pregnancy in Vermont.
Virginia
Abortion is currently legal up to 27 weeks in Virginia. Republican Governor Glenn Youngkin has publicly advocated for a 15-week ban, but has been unsuccessful due to the Democratic-controlled State Senate. Every state Legislator is up for reelection in November and Republicans will likely pass further restrictions on abortion if they gain control of the State Senate while maintaining control of the House of Delegates.
Washington
Legal is legal up to viability in Washington.
West Virginia
Abortion is banned from conception in West Virginia with no exceptions for rape or incest.
Wisconsin
The legality of abortion is very unclear due to an ambiguous 1849 law, but abortions are currently offered up to 22 weeks. A state judge ruled in September 2023 that the law only applied to feticide (the killing of a fetus or the assault of a pregnant woman that causes a miscarriage), not abortion procedures. This is expected to be appealed to the State Supreme Court.
Wyoming
Abortion is legal up to viability in Wyoming. A bill banning abortion from conception took effect after Dobbs, but a judge blocked the law in March 2023.
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