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List of States where Abortions are Legal and Protected/Not Protected by State Laws

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.

18. Montana

Abortions are legal until viability. The state Supreme Court has recognized a right to abortion under the state Constitution.

19. Nebraska

Abortions are legal until 20 weeks after fertilization. However, there are no state laws protecting abortion access.

20. Nevada

Abortions are legal until 24 weeks after fertilization. State law protects abortion access and was approved in a referendum by voters, which means it cannot be changed without another vote of the people.

21. New Hampshire

Even though abortion is legal until 24 weeks of pregnancy, state laws do not recognize the right.

22. New Jersey

Abortions are legal throughout pregnancy. The state Supreme Court has recognized a right to abortion under the state Constitution. State law also protects abortion access.

23. New Mexico

Abortions are allowed throughout pregnancy, though that policy is not legally protected.

24. North Carolina

Abortions are legal for now. However, there. is a court action pending, which could alter which of the state’s laws are allowed to be enforced and would likely take weeks or months.

25. Ohio

Abortion is legal for now, however, a six-week ban could be reinstated by the courts.

26. Oregon

Abortions are legal throughout pregnancy and state law protects abortion access.

27. Pennysylvania

Abortions are legal until 24 weeks after the pregnant person’s last menstrual period. However, state laws do not recognize or protect abortion access.

28. Rhode Island

Abortions are legal until viability. Also, state law protects abortion access.

29. Vermont

Abortion is legal throughout pregnancy. State laws also protect abortion access.

30. Virginia

Abortions are legal until the third trimester. The state Supreme Court has not recognized a right to abortion under the state Constitution, and there are no state laws protecting abortion access.

31.  Washington

Abortions are legal until viability and are protected under state laws.
Well, considering the complex situation in various states, it is apparent that things would take months for all the necessary legal manoeuvring and for the nation to have a clear picture of where it is legal and where it is not.
However, one thing is clear, the immediate action doesn’t leave the Americans happy. The country is facing demonstrations across states. The situation is like a nightmare. As for any shoot your legal queries regarding the new law in the comment section below.
Mallika
I am Mallika Singh, a lawyer and writer by profession. Writing gives me a sense of freedom and independence. I am a keen observer and an ardent reader. When not at work, you can find me at the stable. Horse riding is another passion that keeps me going.
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