The overturning of the landmark Roe v. Wade ruling by the Supreme Court wherein it takes away the constitutional right to abortion has come like a nightmare for many Americans. The decision will remake how access to abortion looks in America, with nearly half of the states on track to outright ban or severely limit the procedure.
In the United States, 13 states have enacted trigger laws which means they will automatically ban (medically unnecessary) abortion in the first and second trimesters as Roe v. Wade gets overturned. However, there are some states where abortion is legal and is also protected by state laws. Here is a complete list of those states where abortion is legal and is protected/not protected by state laws:
1. Alaska
Abortions are legal throughout pregnancy, though that policy is not specifically protected by state law. The state Supreme Court has recognized a right to abortion under the state Constitution.
2. Arizona
Abortion is legal for now until viability, however, the state’s pre-Roe law is enjoined, which means the state could either try to enforce it or ask a court to allow it to enforce it; a 15-week ban will go into effect no later than Sept. 29.
3. California
Abortions are legal until viability and are recognized by the state as a right under the state Constitution, and state law also protects abortion access.
4. Colorado
Abortion is legal throughout pregnancy and is also protected as a right by the state
5. Connecticut
Abortion is legal until viability. State laws protect abortion access.
6. Delaware
Abortion is legal until viability and protected by state law.
7. District of Columbia
Abortions are legal throughout pregnancy. The district code protects abortion access.
8. Florida
Abortions are legal until viability, and the state Supreme Court has recognized a right to abortion under the state Constitution. The legislature has, however, passed a bill prohibiting abortions 15 weeks after the pregnant person’s last menstrual period, which takes effect July 1.
Interestingly, a lawsuit is currently challenging the new law, and the state Supreme Court, which has grown more conservative, could uphold it. The 15-week law contains an exception to save the life of the pregnant person.
9. Hawaii
Abortion is legal until viability and protected by state law.
10. Illinois
Abortions are legal until viability. The state Supreme Court has recognized a right to abortion under the state Constitution. State law also protects abortion access.
11. Indiana
Abortions are legal until 20 weeks after fertilization. However, state law does not recognize it as a right under the constitution. A group of 100 Republican lawmakers has petitioned Republican Gov. Eric Holcomb to call them into a special session when Roe is overturned to address abortion.
12. Iowa
Abortions are legal until 20 weeks after fertilization. The state Supreme Court has recognized a right to abortion under the state Constitution.
13. Kansas
Abortions are legal until 22 weeks after the pregnant person’s last menstrual period. The state law protects the right to abortion access, though Kansas voters in August will vote on whether to amend the Constitution to state there is no right to abortion.
14. Maine
Abortions are legal until viability. State law protects abortion access.
15. Maryland
Abortions are legal until viability. State law protects abortion access.
16. Massachusetts
Abortions are legal until 24 weeks. The state Supreme Court has recognized a right to abortion under the state Constitution. State law also protects abortion access.
17. Minnesota
Abortions are legal until viability. State law protects abortion access.
26. Oregon
27. Pennysylvania
28. Rhode Island
29. Vermont
30. Virginia
31. Washington
