State
Abortion Restrictions, 2006 (Selected States)
Sources: NARAL Pro-Choice America, Center for Reproductive
Rights)
California
If Roe is overturned, the right to abortion should
be fully protected.
Legislature: pro-choice
Governor: mixed on choice.
Lt Gov: pro-choice
Attorney general: pro-choice
Counties without an abortion provider: 41%
Anti-choice laws:
Certain individuals or entities allowed to refused to provide
specific reproductive health services, information or referrals;
Mandatory parental consent law
Pro-choice laws:
Freedom of Choice Act: Has an affirmative right to choose
in state law.
Constitutional protection: California’s constitution
provides greater protection for the right to choose than the
federal Constitutional.
Guarantees that women’s birth control prescriptions
will be filled.
Requires health insurance plans that cover prescription drugs
to provide the same coverage for contraception.
Provides low-income women with access to abortion.
NARAL Pro-Choice America grade: A+
Colorado
Has bans on abortion throughout pregnancy that may become
enforceable if Roe is overturned.
Explanation: Abortion is accessible despite the existence
of a pre-Roe criminal abortion ban (with exceptions for “justified
medical termination”) on the books. If Roe is overturned,
abortion may be restricted if state officials successfully
set aside the earlier court ruling enjoining parts of the
law or if new restrictions are enacted through the legislature
or by ballot initiative.
Legislature: pro-choice
Governor: anti-choice.
Lt Gov: anti-choice
Attorney general: anti-choice
Counties without an abortion provider: 78%
Anti-choice laws:
Unconstitutional and unenforceable criminal ban on abortion
Unconstitutional and unenforceable law mandating husband consent
before a married woman may obtain an abortion
Certain individuals or entities allowed to refused to provide
specific reproductive health services, information or referrals
Mandatory parental consent law
NARAL Pro-Choice America grade: D
Connecticut
If Roe is overturned, the right to abortion should continue
to be protected.
A lower court decision strongly protects the right to choose.
A reproductive privacy act was enacted in 1990.
Legislature: pro-choice
Governor: pro-choice.
Lt Gov: pro-choice
Attorney general: pro-choice
Counties without an abortion provider: 25%
Anti-choice laws:
Certain individuals or entities allowed to refuse to provide
specific reproductive health services, information or referrals;
TRAP law imposes restrictions on abortion providers
Pro-choice laws:
Freedom of Choice Act: Has an affirmative right to choose
in state law.
CT’s constitution provides greater protection for the
right to choose than the federal Constitution.
Requires health insurance plans that cover prescription drugs
to provide the same coverage for contraception.
Provides low-income women with access to abortion.
Protection against clinic blockades and violence
NARAL Pro-Choice America grade: A
Florida
Would likely ban abortion if Roe is overturned (the legislature
and governor are anti-choice)
Counties without an abortion provider: 70%
Anti-choice laws:
Unconstitutional and unenforceable criminal ban on abortion
Unconstitutional and unenforceable requirement for counseling
prior to an abortion
Certain individuals or entities allowed to refused to provide
specific reproductive health services, information or referrals
Restrictions on low-income women’s access to abortion
Mandatory parental notice law
TRAP law
Pro-choice laws:
FL’s constitution provides greater protection for the
right to choose than the federal Constitutional.
NARAL Pro-Choice America grade: D
Georgia
Georgia does not have an abortion ban on the books and if
one is enacted, it could be struck down by the courts.
Legislature: Senate is anti-choice, House is mixed on choice.
Governor: anti-choice.
Lt Gov: mixed-choice
Attorney general: mixed-choice
Counties without an abortion provider: 94%
Anti-choice laws:
Unconstitutional and unenforceable requirement for counseling
prior to an abortion and mandatory delays
Certain individuals or entities allowed to refused to provide
specific reproductive health services, information or referrals
Restrictions on low-income women’s access to abortion
Mandatory parental notice law
TRAP law
Pro-choice laws:
Requires health insurance plans that cover prescription drugs
to provide the same coverage for contraception.
NARAL Pro-Choice America grade: D
Ilinois
Law on the books expressing an intention to outlaw abortion
if Roe is overturned, or similar anti-choice policy positions
(sometimes called trigger laws).
Legislature: mixed on choice
Governor: pro-choice.
Lt Gov: pro-choice
Attorney general: pro-choice
Counties without an abortion provider: 90%
Anti-choice laws:
Unconstitutional and unenforceable criminal ban on abortion.
Counseling ban/gag rule on certain state employees or organizations
Certain individuals or entities allowed to refused to provide
specific reproductive health services, information or referrals
Unconstitutional and unenforceable law requiring husband consent
for abortion
Restrictions on low-income women’s access to abortion
Mandatory parental notice law
TRAP law
However, Illinois’ constitution provides greater protection
for the right to choose than the federal constitution.
NARAL Pro-Choice America grade: C
Indiana
Would likely ban abortion if Roe is overturned (the legislature
and governor are anti-choice).
Counties without an abortion provider: 93%
Anti-choice laws:
Unconstitutional and unenforceable criminal ban on abortion.
Requirement for mandatory counseling and mandatory delays
Counseling ban/gag rule on certain state employees or organizations
Certain individuals or entities allowed to refused to provide
specific reproductive health services, information or referrals
Restrictions on low-income wwomen’s access to abortion
Mandatory parental notice law
TRAP law
Indiana’s constitution provides greater protection for
the right to choose than the federal constitution.
NARAL Pro-Choice America grade: F
Kansas
No ban on the books but the legislature may try to enact one
if Roe is overturned.
Legislature: mixed on choice
Governor: pro-choice
Lt Gov: pro-choice
Attorney general: anti-choice
Counties without an abortion provider: 96%
Anti-choice laws:
Requirement for mandatory counseling and mandatory delays
Counseling ban/gag rule on certain state employees or organizations
Certain individuals or entities allowed to refused to provide
specific reproductive health services, information or referrals
Restrictions on low-income women's access to abortion
Mandatory parental notice law
NARAL Pro-Choice America grade: D-
Kentucky
Law on the books expressing an intention to outlaw abortion
if Roe is overturned, or similar anti-choice policy positions
(sometimes called trigger laws)
Anti-choice state government (a majority of the legislature
and the governor are anti-choice) would likely vote to ban
abortion if Roe is overturned.
Counties without an abortion provider: 98%
Anti-choice laws:
Unconstitutional and unenforceable criminal ban on abortion.
Requirement for mandatory counseling and mandatory delays
Counseling ban/gag rule on certain state employees or organizations
Unconstitutional and unenforceable law requiring husband notice
for abortion
Certain individuals or entities allowed to refused to provide
specific reproductive health services, information or referrals
Restrictions on low-income women's access to abortion
Mandatory parental consent law
TRAP law
NARAL Pro-Choice America grade: F
Maryland
If Roe is overturned, it is unlikely that a ban will be enacted.
The legislature has enacted a reproductive privacy act.
Legislature: pro-choice
Governor: mixed on choice.
Lt Gov: anti-choice
Attorney general: pro-choice
Counties without an abortion provider: 67%
Anti-choice laws:
Certain individuals or entities allowed to refused to provide
specific reproductive health services, information or referrals
Mandatory parental notice law
Pro-choice laws:
Freedom of Choice Act: Has an affirmative right to choose
in state law.
Maryland constitution provides greater protection for the
right to choose than the federal constitution.
Requires health insurance plans that cover prescription drugs
to provide the same coverage for contraception.
Provides low-income women with access to abortion.
NARAL Pro-Choice America grade: A
Massachusetts
Has bans on abortion throughout pregnancy that may become
enforceable if Roe is overturned.
Legislature: pro-choice
Governor: anti-choice
Lt Gov: pro-choice
Attorney general: pro-choice
Counties without an abortion provider: 21%
Anti-choice laws:
Unconstitutional and unenforceable criminal ban on abortion.
Partially unconstitutional and enforceable law requiring mandatory
counseling and mandatory delays
Certain individuals or entities allowed to refused to provide
specific reproductive health services, information or referrals
Unconstitutional and unenforceable law requiring husband consent
for abortion
Mandatory parental consent law
TRAP law
MA constitution provides greater protection for the right
to choose than the federal constitution.
NARAL Pro-Choice America grade: C+
Michigan
Has bans on abortion throughout pregnancy that may become
enforceable if Roe is overturned
Legislature: anti-choice
Governor: pro-choice
Lt Gov: mixed on choice
Attorney general: anti-choice
Counties without an abortion provider: 83%
Anti-choice laws:
Unconstitutional and unenforceable criminal ban on abortion.
Partially unconstitutional and unenforceable law requiring
mandatory counseling and mandatory delays
Counseling ban/gag rule on certain state employees or organizations
Certain individuals or entities allowed to refused to provide
specific reproductive health services, information or referrals
Restrictions on low-income women's access to abortion
Mandatory parental consent law
TRAP law
NARAL Pro-Choice America grade: F
Minnesota
Would likely ban abortion if Roe is overturned (the legislature
and governor are anti-choice).
Has bans on abortion throughout pregnancy that may become
enforceable if Roe is overturned.
Legislature: anti-choice
Governor: anti-choice.
Lt Gov: anti-choice
Attorney general: mixed on choice
Counties without an abortion provider: 95%
Anti-choice laws:
Law requiring mandatory counseling and mandatory delays
Counseling ban/gag rule on certain state employees or organizations
Certain individuals or entities allowed to refused to provide
specific reproductive health services, information or referrals
Unconstitutional and unenforceable law requiring husband consent
for abortion
Mandatory parental notice law
TRAP law
MN constitution provides greater protection for the right
to choose than the federal constitution.
NARAL Pro-Choice America grade: C
Missouri
Would likely ban abortion if Roe is overturned (the legislature
and governor are anti-choice)
Has laws on the books expressing an intention to outlaw abortion
if Roe is overturned, or similar anti-choice policy positions
(sometimes called trigger laws)
Counties without an abortion provider: 97%
Anti-choice laws:
Unconstitutional and unenforceable criminal ban on abortion.
Partially unenforceable law that requires mandatory counseling
and mandatory delays
Counseling ban/gag rule on certain state employees or organizations
Unconstitutional and unenforceable law requiring husband notice
for abortion
Certain individuals or entities allowed to refused to provide
specific reproductive health services, information or referrals
Restrictions on low-income women's access to abortion
Mandatory parental consent law
TRAP law
NARAL Pro-Choice America grade: F
Nebraska
Would likely ban abortion if Roe is overturned (the legislature
and governor are anti-choice)
Has laws on the books expressing an intention to outlaw abortion
if Roe is overturned, or similar anti-choice policy positions
(sometimes called trigger laws)
Counties without an abortion provider: 97%
Anti-choice laws:
Unconstitutional and unenforceable criminal ban on abortion.
Requirement for mandatory counseling and mandatory delays
Counseling ban/gag rule on certain state employees or organizations
Certain individuals or entities allowed to refused to provide
specific reproductive health services, information or referrals
Restrictions on low-income women's access to abortion
Mandatory parental notice law
NARAL Pro-Choice America grade: F
New Jersey
No ban currently exists and abortion will continue to be protected
if Roe is overturned.
New Mexico
Has bans on abortion throughout pregnancy that may become
enforceable if Roe is overturned
Legislature: mixed on choice
Governor: pro-choice.
Lt Gov: pro-choice
Attorney general: pro-choice
Counties without an abortion provider: 88%
Anti-choice laws:
Unconstitutional and unenforceable criminal ban on abortion.
Certain individuals or entities allowed to refused to provide
specific reproductive health services, information or referrals.
Mandatory parental consent law
Pro-choice laws:
Legislature has passed a pro-choice resolution.
NM constitution provides greater protection for the right
to choose than the federal Constitution.
Provides low-income women with access to abortion.
NARAL Pro-Choice America grade: B+
New York
No ban on the books. Abortion is likely to be protected even
if Roe is overturned.
NARAL Pro-Choice America grade: A-
Ohio
Would likely ban abortion if Roe is overturned (the legislature
and governor are anti-choice)
Counties without an abortion provider: 91%
Anti-choice laws:
Ban on an abortion procedure.
Requirement for mandatory counseling and mandatory delays
Counseling ban/gag rule on certain state employees or organizations
Certain individuals or entities allowed to refused to provide
specific reproductive health services, information or referrals
Restrictions on low-income women’s access to abortion
Mandatory parental consent law
TRAP regulation
NARAL Pro-Choice America grade: F
Oklahoma
Has bans on abortion throughout pregnancy that may become
enforceable if Roe is overturned
Anti-choice state government (a majority of the legislature
and the governor are anti-choice)
Counties without an abortion provider: 96%
Anti-choice laws:
Unconstitutional and unenforceable criminal ban on abortion.
Requirement for mandatory counseling and mandatory delays
Certain individuals or entities allowed to refused to provide
specific reproductive health services, information or referrals
Restrictions on low-income women’s access to abortion
Mandatory parental notice law
TRAP regulation
NARAL Pro-Choice America grade: D-
Oregon
No ban on the books. The legislature repealed the pre-Roe
ban. Abortion is likely to be protected even if Roe is overturned.
Counties without an abortion provider: 78%
Oregon constitution provides greater protection for the right
to choose than the federal Constitutional.
NARAL Pro-Choice America grade: A-
Pennsylvania
Has law on the books expressing an intention to outlaw abortion
if Roe is overturned, or similar anti-choice policy positions
(sometimes called trigger laws)
Legislature: anti-choice
Governor: pro-choice
Lt Gov: anti-choice
Attorney general: anti-choice
Counties without an abortion provider: 75%
Anti-choice laws:
Requirement for mandatory counseling and mandatory delays
Counseling ban/gag rule on certain state employees or organizations
Unconstitutional and unenforceable law requiring husband notice
for abortion
Certain individuals or entities allowed to refused to provide
specific reproductive health services, information or referrals
Restrictions on low-income women’s access to abortion
Mandatory parental consent law
TRAP regulation
NARAL Pro-Choice America grade: F
Rhode Island
Would likely ban abortion if Roe is overturned (the legislature
and governor are anti-choice)
Counties without an abortion provider: 80%
Anti-choice laws:
Unconstitutional and unenforceable criminal ban on abortion.
Requirement for mandatory counseling and mandatory delays
Unconstitutional and unenforceable law requiring husband notice
for abortion
Certain individuals or entities allowed to refused to provide
specific reproductive health services, information or referrals
Restrictions on low-income women’s access to abortion
Mandatory parental consent law
TRAP regulation
NARAL Pro-Choice America grade: D
Texas
Would likely ban abortion if Roe is overturned (the legislature
and governor are anti-choice)
Anti-choice laws:
Requirement for mandatory counseling and mandatory delays
Unconstitutional and unenforceable law requiring husband notice
for abortion
Certain individuals or entities allowed to refused to provide
specific reproductive health services, information or referrals
Restrictions on low-income omen’s access to abortion
Mandatory parental consent law
TRAP regulation
Counties without an abortion provider: 93%
NARAL Pro-Choice America grade: F
Washington
There is no abortion ban on the books and the legislature
and governor are pro-choice. Abortion is likely to be protected
even if Roe is overturned.
Washington has an affirmative right to choose in its state
law. Low-income women are provided access to abortion.
Counties without an abortion provider: 74%
NARAL Pro-Choice America grade: A+
West Virginia
Governor and legislature are anti-choice.
If Roe is overturned state officials may seek to enact a new
ban. However, any ban on abortion is likely to be held unconstitutional
under the WV constitution. The WV Constitution provides greater
protection for the right to choose than the federal Constitution.
Counties without an abortion provider: 96%
NARAL Pro-Choice America grade: B
Wisconsin
Has ban on abortion on the books that is currently unenforceable;
however, if Roe is overturned, some or all pre-viability abortions
will be prohibited.
Pro-choice governor
Anti-choice legislature
Counties without an abortion provider: 93%
NARAL Pro-Choice America grade: F
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