Abortion in Alaska

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Abortion in Alaska is legal at all stages of pregnancy. In September 2024, an Alaska superior court judge struck down the requirement that only licensed physicians provide abortions, meaning that the procedure can now also be legally performed by nurse practitioners and physician assistants. [1] As of 2016, Alaska does not require a minor to notify a parent or guardian in order to obtain an abortion. 63% of adults said in a poll by the Pew Research Center that abortion should be legal in all or most cases. Alaska was one of only four states to make abortion legal between 1967 and 1970, a few years before the US Supreme Court's decision in 1973's Roe v. Wade ruling. Alaska had consent requirements for women seeking abortions by 2007 that required abortion providers to warn patients of a link between abortion and breast cancer, despite it being scientifically unsupported.

Contents

The number of abortion clinics in Alaska has been declining, going from fourteen in 1982 to thirteen in 1992 to three in 2014. 1,547 abortions took place in Alaska in 2014, and 1,459 took place in 2015. For poor women, there is state funding for abortions.[ citation needed ]

History

Alaska, California, and New Hampshire did not voluntarily provide the Center for Disease Control with abortion related data in 2000 or 2001. [2] [3] In 2014, a poll by the Pew Research Center reported that 63% of adults in the state of Alaska believe abortion should be legal in all or most cases, with 34% stating it should be illegal in all or most cases. [4]

Legislative history

Alaska, Hawaii, Washington, and New York were the only four states that made abortion legal between 1967 and 1970 that did not require a reason to request an abortion. [5] In 1970, the state repealed some of its abortion laws, along with Hawaii, New York, and Washington. [6] The following year, Alaska repealed its statute that said inducing an abortion was a criminal offense. [7] State law still required in 1971 that any woman getting a legal abortion in the state needed to be a resident for some specific period between 30 and 90 days. [7]

Some states, such as Alaska, Mississippi, West Virginia, Texas, and Kansas, have passed laws requiring abortion providers to warn patients of a link between abortion and breast cancer, and to issue other scientifically unsupported warnings. [8] [9] The state was one of 23 states in 2007 to have a detailed abortion-specific informed consent requirement. [10] Alaska and Minnesota both require that women seeking abortions after 20 weeks be informed that, while experts disagree on the issue of whether or not a fetus can feel pain at 20 weeks, it is possible. [11]

House Bill 250 was introduced in 2017 by Rep. David Eastman (R-Wasilla). The bill was called the "Life at Conception Act", and it never made it out of committee in Alaska's House. [12] In 2017, Washington State, New Mexico, Illinois, Alaska, Maryland, Massachusetts, Connecticut, and New Jersey allow by state law qualified non-physicians to prescribe drugs for medical abortions only. [13] In May 2019, Eastman introduced House Bill 178, which defines abortion as "murder of an unborn child"; the bill was never heard before a committee. [12] [14]

In 2022, Governor Mike Dunleavy expressed interest in an amendment to the Alaska Constitution clarifying the legality of abortion in the state. [15] 2022 happened to be the year that Alaska's regularly scheduled ballot question for calling a state constitutional convention was asked. Dunleavy and other anti-abortion advocates recommended voting "yes", but the question was resoundingly defeated, with 70% voting "no". [16]

In 2023, the bi-partisan coalition majority in the Alaska State Senate is consensus-focused, and unlikely to address controversial topics like abortion. [17]

Judicial history

The US Supreme Court's decision in 1973's Roe v. Wade ruling meant the state could no longer regulate abortion in the first trimester. [18]

In 1997, the Alaska Supreme Court ruled in Valley Hospital Association, Inc. v. Mat-Su Coalition for Choice that the privacy clause of the Alaska Constitution protects the right to an abortion. [19] This ruling remains in effect after the US Supreme Court overruled Roe v. Wade in 2022.

In 2016, the Alaska Supreme Court struck down a parental notification law that had been established in 2010. [20]

In September 2024, an Alaska superior court judge struck down the requirement that only licensed physicians provide abortions, meaning that the procedure can now also be legally performed by nurse practitioners and physician assistants. [21]

Clinic history

Number of abortion clinics in Alaska by year Number of abortion clinics in Alaska by year.png
Number of abortion clinics in Alaska by year

Between 1982 and 1992, the number of abortion clinics in the state decreased by 1, going from 14 in 1982 to 13 in 1992. [22] In 2014, there were 3 abortion clinics in the state. [23] 90% of the boroughs in the state did not have an abortion clinic. That year, 37% of women in the state aged 15–44 lived in a borough without an abortion clinic. [24] In March 2016, there were 4 Planned Parenthood clinics in the state. [25] There were still 4 Planned Parenthood clinics the following year, all of which offered abortion services, in a state with a population of 167,815 women aged 15–49. [26]

Statistics

In 1990, 69,000 women in the state faced the risk of an unintended pregnancy. [22] In 2013, among white women aged 15–19, there were 130 abortions, 10 abortions for black women aged 15–19, 20 abortions for Hispanic women aged 15–19, and 70 abortions for women of all other races. [27] In 2017, the state had an infant mortality rate of 5.6 deaths per 1,000 live births. [28]

Number of reported abortions, abortion rate and percentage change in rate by geographic region and state in 1992, 1995 and 1996 [29]
Census division and stateNumberRate % change 1992–1996
199219951996199219951996
US Total1,528,9301,363,6901,365,73025.922.922.9–12
Pacific368,040290,520288,19038.730.530.1–22
Alaska2,3701,9902,04016.514.214.6–11
California304,230240,240237,83042.133.433–22
Hawaii12,1907,5106,9304629.327.3–41
Oregon16,06015,59015,05023.922.621.6–10
Washington33,19025,19026,34027.720.220.9–24
Number, rate, and ratio of reported abortions, by reporting area of residence and occurrence and by percentage of abortions obtained by out-of-state residents, US CDC estimates
LocationResidenceOccurrence% obtained by

out-of-state residents

YearRef
No.Rate^Ratio^^No.Rate^Ratio^^
Alaska1,99016.51992 [29]
Alaska2,04014.21995 [29]
Alaska16.514.61996 [29]
Alaska1,64711.21451,51810.31331.02014 [30]
Alaska1,459101291,3349.11180.52015 [31]
Alaska1,4089.61261,2608.51120.62016 [32]
^number of abortions per 1,000 women aged 15–44; ^^number of abortions per 1,000 live births


Abortion financing

17 US states, including Alaska, use their own funds to cover all or most "medically necessary" abortions sought by low-income women under Medicaid, 13 of which are required by State court orders to do so. [33] [12] In 2010, the state had 835 publicly funded abortions, of which were zero federally, and 835 were state-funded. [34]

Abortion rights views and activities

Protests

Women from the state participated in marches supporting abortion rights as part of a #StoptheBans movement in May 2019. [35] [14] Hundreds of women attended a rally in Anchorage at Town Square Park to protest legislation proposed in Alaska's House to restrict abortion rights. The event was organized by Planned Parenthood Votes and Alaska ACLU. [14] There was another rally at the Alaska Capitol in Juneau in May 2019, in opposition to the bill proposed by Republican Rep. David Eastman of Wasilla. [36]

Following the leak of the overturning of Roe v. Wade on May 2, 2022, Alaska saw abortion rights protests in Anchorage, [37] Fairbanks, [38] and Haines. [39]

Anti-abortion views and activism

Views

Rep. David Eastman (R-Wasilla) was censured by the Alaska Legislature in 2017 after he claimed that women used Medicaid support for abortion as a "free trip to the city". [12]

Protests

A small counter-protest was organized by anti-abortion rights activists at the Alaska Capitol in Juneau in May 2019, in support of proposed restrictions on women's ability to access legal abortions in the state. [36]

Related Research Articles

Abortion in Louisiana is illegal as of August 1, 2022.

Abortion in Arkansas is illegal except when it is necessary to save the life of the pregnant individual. Doctors determined to have performed an abortion face up to 10 years in prison and fines up to $100,000.

Abortion in Connecticut is legal up to the point of fetal viability, or after that if necessary to preserve the life or health of the pregnant woman. A poll by the Pew Research Center found that 67 percent of adults in the state believed that abortion should be legal in all or most cases. Abortions took place early in the state's history. People at that time talked about abortions using euphemisms. The death of Sarah Grosvenor following unsuccessful abortion resulted in a prosecution in colonial Connecticut. Connecticut became the first state to criminalize abortion after codifying its common law in 1821. Later, such laws were justified as trying to protect the life of the women from bad actors providing unsafe abortion services. The state was one of ten states in 2007 to have a customary informed consent provision for abortions. In 1965, the US Supreme Court heard the case of Griswold v. Connecticut, striking down laws that banned the sale, use of and prescription of contraceptives, even for married couples. The Court's later decision in 1973's Roe v. Wade ruling meant the state could no longer regulate abortion in the first trimester. In 1990, state law was amended to read, "the decision to terminate a pregnancy prior to the viability of the fetus shall be solely that of the pregnant woman in consultation with her physician", the first such law in state codifying the Court's holding in Roe, as it would be later modified by Planned Parenthood v. Casey. The number of abortion clinics in the state has been declining in recent years, going from 46 in 1982 to 43 in 1992 to 21 in 2014. There were 10,625 legal abortions performed in Connecticut in 2014, and 9,888 in 2015. In 1964, Gerri Santoro of Connecticut died trying to obtain an illegal abortion and her photo became the symbol of the pro-choice movement. Abortion rights activists in the state participated in the #StoptheBans movement in May 2019. Anti-abortion rights organizations were created in the state in the late 1960s.

Abortion in Delaware is legal up to the point of fetal viability. As of June 2024, Civiqs polling found that 72% of Delawareans believed that abortion should be legal in all or most cases, while 23% believed it should be illegal in all or most cases. There was a therapeutic exceptions in the state's legislative ban on abortions by 1900. Informed consent laws were on the books by 2007. In 2017, Senator Bryan Townsend, D-Newark introduced legislation to try to make clear that abortion would remain legal in the state in case 1973's Roe v. Wade ruling was overturned. The legislation was subsequently updated. Attempts have been made to introduce mandatory ultrasound laws, but they failed to get out of committee. State legislators tried to move ahead the week at which a woman could get a legal abortion in 2019.

Abortion in the District of Columbia is legal at all stages of pregnancy. In 1971, in United States v. Vuitch, the U.S. Supreme Court upheld a law saying abortion was allowed for health reasons, which include "psychological and physical well-being". Consequently, the District of Columbia became a destination for women seeking abortions starting that year.

Abortion in Hawaii is legal. 66% of adults in Hawaii said in a poll by the Pew Research Center that abortion should be legal in all or most cases. Hawaii began allowing elective abortion care de jure in 1970, the first state to do so. State law enacted at that time stated said, "the State shall not deny or interfere with a female's right to choose or obtain an abortion of a nonviable fetus or an abortion that is necessary to protect the life or health of the female."

Abortion in Maine is legal, although terminations after fetal viability can only be performed if a physician determines it to be medically necessary. According to a poll by the Pew Research Center, 64% of adults said that abortion should be legal, with 33% stating that it should be illegal in all or most cases.

Abortion in Montana is legal. The number of abortion clinics in Montana has fluctuated over the years, with twenty in 1982, twelve in 1992, eight providers of which seven were clinics in 2011, and five clinics in 2014. There were four clinics from 2015 to February 2018 when All Families Healthcare clinic in Whitefish reopened. There were 1,690 legal abortions in 2014, and 1,611 in 2015.

Abortion in New York is legal, although abortions after the 24th week of pregnancy require a physician's approval. Abortion was legalized up to the 24th week of pregnancy in New York in 1970, three years before it was legalized for the entire United States with the Supreme Court's decision in Roe v. Wade in 1973. Roe v. Wade was later overturned in 2022 by the Supreme Court in Dobbs v. Jackson Women's Health Organization. The Reproductive Health Act, passed in 2019 in New York, further allows abortions past the 24th week of pregnancy if a pregnant individual's life or health is at risk, or if the fetus is not viable. However, since these exceptions are not defined by the law, and the law carries no criminal penalties for the pregnant individual, abortion is effectively legal throughout pregnancy.

Abortion in Oregon is legal at all stages of pregnancy.

Abortion in Rhode Island is legal. On June 19, 2019, the legal right to abortion was codified into Rhode Island law by passage of the Reproductive Privacy Act.

Abortion in South Dakota is illegal. Anyone who induces an abortion is guilty of a Class 6 felony. An exception is included to "preserve the life of the pregnant female," given appropriate and reasonable medical judgment.

Abortion in Tennessee is illegal from fertilization, except to "prevent the death of the pregnant woman or to prevent serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman".

Abortion in Utah is legally performed under a temporary restraining order blocking enforcement of the state's trigger law, which bans abortion. According to HB136, which is effective state law from June 28, 2022, abortions are banned following 18 weeks of gestation. Abortion was banned following the Supreme Court case, Dobbs v. Jackson Women's Health Organization on June 24, 2022. Utah State Legislation enacted SB 174 in May 2020, which, upon the overturn of Roe v. Wade, made inducing an abortion a second-degree felony. The law includes exceptions for pregnancies "caused by rape or incest," pregnancies that put the mother's life at risk, or "if two doctors say the fetus has a lethal defect." Rape and incest exceptions will only be viable if the crimes were previously reported to law enforcement officials.

Abortion in Vermont is legal at all stages of pregnancy. A 2014 Pew Research Center poll showed 70% of adults in the state believed abortion should be legal in most or all cases, the second highest percentage in the country. The state funds abortions deemed medically necessary for low-income women via Medicaid.

Abortion in the U.S. state of Virginia is legal up to the end of the second trimester of a pregnancy. Before the year 1900, abortion remained largely illegal in Virginia, reflecting a widespread trend in many U.S. states during the 19th and early 20th centuries. Abortion was viewed as a criminal act and subject to state laws that prohibited it. However, by 1950, Virginia introduced a legal therapeutic exception, allowing for abortion under specific circumstances, primarily when a woman's physical or mental health was at risk. Notably, the University of Virginia Hospital established a review board in 1950 responsible for evaluating and approving abortion requests, particularly those grounded in psychiatric reasons. This thorough approval process resulted in a significant decrease in the number of abortions performed at the hospital.

Abortion in Washington is legal and available up to the point of fetal viability, or in case the pregnancy poses a risk to life or health. In a poll by the Pew Research Center, 60% of adults said that abortion should be legal in all or most cases.

Abortion in Wisconsin has been legal since September 18, 2023, and is performed in Madison, Milwaukee and Sheboygan through 22 weeks gestation. However, elective abortions in Wisconsin are under dispute after the overturning of Roe v. Wade by the Supreme Court of the United States on June 24, 2022. Abortion opponents cite an 1849 law that they claim bans the procedure in all cases except when the life of the mother is in danger. However, lower level courts have argued that the law only applies to infanticide and not consensual abortions. The enforceability of the law is disputed and being considered by the state courts. Planned Parenthood of Wisconsin announced that they would resume abortion services in Madison and Milwaukee on September 18, 2023. Planned Parenthood of Wisconsin later announced that they would resume abortion services in Sheboygan on December 28, 2023.

Abortion in New Mexico is legal at all stages of pregnancy. The number of abortion clinics in New Mexico has declined over the years, with 26 in 1982, 20 in 1992 and 11 in 2014. There were 4,500 legal abortions in 2014. There were 7 facilities providing abortion in New Mexico in 2017, and 6 of those were clinics. In 2017, 91% of New Mexico counties had no clinics that provided abortions, and 48% of New Mexico women lived in those counties.

Abortion in Wyoming is currently legal due to a temporary court injunction.

References

  1. ↑ "Alaska judge strikes down requirement that only licensed physicians provide abortions". Alaska Beacon. Retrieved September 14, 2024.
  2. ↑ "Abortion Surveillance --- United States, 2000". www.cdc.gov. Retrieved May 25, 2019.
  3. ↑ "Abortion Surveillance --- United States, 2001". www.cdc.gov. Retrieved May 25, 2019.
  4. ↑ "Views about abortion by state - Religion in America: U.S. Religious Data, Demographics and Statistics". Pew Research Center. Retrieved June 27, 2022.
  5. ↑ Willke, J.C. (September 1992). "Very few illegal abortion deaths". American Journal of Obstetrics and Gynecology. 167 (3): 854–5. doi: 10.1016/s0002-9378(11)91601-9 . ISSN   0002-9378. PMID   1530050.
  6. ↑ "Medicine: Abortion on Request". Time . March 9, 1970. Archived from the original on December 1, 2010. Retrieved October 15, 2012.(subscription required)
  7. 1 2 Reagan, Leslie J. (September 21, 1998). When Abortion Was a Crime: Women, Medicine, and Law in the United States, 1867–1973 . University of California Press. ISBN   9780520216570.
  8. ↑ "Do abortions cause breast cancer? Kansas State House Abortion Act invokes shaky science for political gain". Slate Magazine. May 23, 2012. Retrieved June 28, 2015.
  9. ↑ "Misinformed Consent: The Medical Accuracy of State-Developed Abortion Counseling Materials". October 25, 2006.
  10. ↑ "State Policy On Informed Consent for Abortion" (PDF). Guttmacher Policy Review. Fall 2007. Retrieved May 22, 2019.
  11. ↑ "State Abortion Counseling Policies and the Fundamental Principles of Informed Consent". Guttmacher Institute. November 12, 2007. Retrieved May 22, 2019.
  12. 1 2 3 4 McCarthy, Alex (May 17, 2019). ""Dangerous and outrageous": Bill introduced in Alaska House would treat abortion the same as murder". Juneau Empire. Retrieved May 23, 2019.
  13. ↑ "Study: Abortions Are Safe When Performed By Nurse Practitioners, Physician Assistants, Certified Nurse Midwives". January 17, 2013. Retrieved January 25, 2017.
  14. 1 2 3 Minemyer, Derek (May 18, 2019). "Hundreds rally against House anti-abortion bill in Anchorage Saturday". www.ktuu.com. Retrieved May 27, 2019.
  15. ↑ "Governor Dunleavy Reacts to the U.S. Supreme Court Decision Overturning Roe v. Wade". June 24, 2022. Retrieved September 22, 2022.
  16. ↑ "Ballotpedia: Alaska Ballot Measure 1, Constitutional Convention Question (2022)". March 1, 2023. Retrieved August 22, 2023.
  17. ↑ "Alaska legislators say abortion-related legislation is unlikely to advance in the Capitol this year • Alaska Beacon". January 5, 2023.
  18. ↑ Buell, Samuel (January 1, 1991). "Criminal Abortion Revisited". New York University Law Review. 66 (6): 1774–1831. PMID   11652642.
  19. ↑ Alaska. Supreme, Court (November 21, 1997). "Valley Hospital Association, Inc. v. Mat-Su Coalition for Choice". Pacific Reporter. 948: 963–973. PMID   12041124.
  20. ↑ "Alaska parental notification abortion law struck down". Associated Press. July 23, 2016. Retrieved August 16, 2023.
  21. ↑ "Alaska judge strikes down requirement that only licensed physicians provide abortions". Alaska Beacon. Retrieved September 14, 2024.
  22. 1 2 Arndorfer, Elizabeth; Michael, Jodi; Moskowitz, Laura; Grant, Juli A.; Siebel, Liza (December 1998). A State-By-State Review of Abortion and Reproductive Rights. DIANE Publishing. ISBN   9780788174810.
  23. ↑ Gould, Rebecca Harrington, Skye. "The number of abortion clinics in the US has plunged in the last decade — here's how many are in each state". Business Insider. Retrieved May 23, 2019.{{cite web}}: CS1 maint: multiple names: authors list (link)
  24. ↑ Panetta, Grace; Lee, Samantha (August 4, 2018). "This is what could happen if Roe v. Wade fell". Business Insider (in Spanish). Archived from the original on May 24, 2019. Retrieved May 24, 2019.
  25. ↑ Bohatch, Emily. "27 states with the most Planned Parenthood clinics". thestate. Retrieved May 24, 2019.
  26. ↑ "Here's Where Women Have Less Access to Planned Parenthood" . Retrieved May 23, 2019.
  27. ↑ "No. of abortions among women aged 15–19, by state of residence, 2013 by racial group". Guttmacher Data Center. Retrieved May 24, 2019.
  28. ↑ "States pushing abortion bans have highest infant mortality rates". NBC News. May 24, 2019. Retrieved May 25, 2019.
  29. 1 2 3 4 Henshaw, Stanley K. (June 15, 2005). "Abortion Incidence and Services in the United States, 1995-1996". Perspectives on Sexual and Reproductive Health. 30: 263–270. Retrieved June 2, 2019.
  30. ↑ Jatlaoui, Tara C. (2017). "Abortion Surveillance — United States, 2014". MMWR. Surveillance Summaries. 66 (24): 1–48. doi:10.15585/mmwr.ss6624a1. ISSN   1546-0738. PMC   6289084 . PMID   29166366.
  31. ↑ Jatlaoui, Tara C. (2018). "Abortion Surveillance — United States, 2015". MMWR. Surveillance Summaries. 67 (13): 1–45. doi:10.15585/mmwr.ss6713a1. ISSN   1546-0738. PMC   6289084 . PMID   30462632.
  32. ↑ Jatlaoui, Tara C. (2019). "Abortion Surveillance — United States, 2016". MMWR. Surveillance Summaries. 68 (11): 1–41. doi: 10.15585/mmwr.ss6811a1 . ISSN   1546-0738. PMC   6289084 . PMID   31774741.
  33. ↑ Francis Roberta W. "Frequently Asked Questions". Equal Rights Amendment. Alice Paul Institute. Archived from the original on April 17, 2009. Retrieved September 13, 2009.
  34. ↑ "Guttmacher Data Center". data.guttmacher.org. Retrieved May 24, 2019.
  35. ↑ Bacon, John. "Abortion rights supporters' voices thunder at #StopTheBans rallies across the nation". USA TODAY. Retrieved May 25, 2019.
  36. 1 2 "Activists rally against abortion ban bill in Alaska". www.citynews1130.com. May 21, 2019. Retrieved May 27, 2019.
  37. ↑ Chen, Jeff (May 4, 2022). "Anchorage group rallies for reproductive rights in wake of Supreme Court leak". Alaska Public Media. Retrieved January 15, 2024.
  38. ↑ Moore, Selena (May 3, 2022). "Fairbanks protest". Fairbanks Daily News-Miner. Retrieved January 15, 2024.
  39. ↑ Smith, Corinne. "Haines students and residents rally for abortion rights". KHNS FM. Retrieved January 15, 2024.
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