Abortion in Nevada

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Abortion in Nevada is legal up to the 24th week of pregnancy, under the Nevada Revised Statutes chapter 442, section 250; and after 24 weeks if the pregnancy could be fatal for the pregnant individual. [1] 62% of adults said in a 2014 poll by the Pew Research Center that abortion should be legal while 34% said it should by illegal in all or most cases. The 2023 American Values Atlas reported that, in their most recent survey, 76% of Nevadans said that abortion should be legal in all or most cases. [2] Legislation by 2007 required informed consent. Attempts were successfully made to pass abortion legislation in May 2019, being pushed through a largely Democratic controlled state legislature. The number of abortion clinics in Nevada has declined over the years, with 25 in 1982, seventeen in 1992 and thirteen in 2014. There were 8,132 legal abortions in 2014, and 7,116 in 2015. Due to the high level of support for abortion rights in the state, [3] continued access to abortion is supported by all parties, including the Republicans. [4]

Contents

State funding could be used to fund abortions in case of risk of life to the mother, rape or incest but no such funding was used in 2010. There are active abortion rights and anti-abortion rights activists in the state.

History

Legislative history

In 1990, Nevada voters approved Question 7 to affirm statute Nevada Revised Statutes Chapter 442, section 250 (which permits abortion up to 24 weeks gestation) by 63.5 percent of the vote. [5] With the affirmation, the Nevada Legislature may not in any way alter that statute, unless it is first repealed by the state voters in a direct vote. [6]

The state was one of 10 states in 2007 to have a customary informed consent provision for abortions. [7] In August 2018, the state had a law to protect the right to have an abortion. [8]

As of May 14, 2019, the state prohibited abortions after the fetus was viable, generally some point between week 24 and 28. This period uses a standard defined by the US Supreme Court in 1973 with the Roe v. Wade ruling. [9] Florida, Nevada, and New York had laws prohibiting abortions after 24 weeks. [10] [11] This law was still in place as of mid-May 2019. [12] [11] The law also required that abortions be done by licensed physicians. In situations where abortions take place after 24 weeks, the law said that the procedure needed to take place at a licensed hospital. [11] [13]

SB 179, which would decriminalize medicated abortions, was scheduled to be voted on in late May 2019. [11] It passed the House 27–13, with only one Democrat voting against it. [14] Other revisions under the new law in May 2019 included abortion providers no longer needing to tell women of the "emotional implications" of having an abortion. [15] Trust Nevada Women Act, SB 179, was signed into law by Democratic Governor Steve Sisolak on May 31, 2019. In signing the bill, he said, "Nevada has a long history of trusting the women of our state to make their own reproductive health care decisions and protecting the right to reproductive freedom." The new law made several changes to existing abortion laws in the state, including decriminalizing the performing of abortion procedures, and removing informed consent laws that said doctors needed to tell women of the "emotional implications" in having an abortion and what women should do after the procedure to avoid post-op complications; the latter was changed to require doctors to "describe the nature and consequences of the procedure" of abortion to women getting abortions. The law also meant doctors no longer had to collect data about women getting abortions related to their marital status and age. In addition, Senate Bill 94 allocated $6 million to be spent statewide for grants to family planning organizations. [16] [15]

On July 1, 2024, Nevada state officials formally certified a proposed amendment that would enshrine abortion access up until the point of fetal viability into the state constitution. The Nevada Right To Abortion Initiative will appear on the November 2024 and November 2026 ballots. [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] However, the Supreme Court overturned Roe v. Wade in Dobbs v. Jackson Women's Health Organization , No. 19-1392 , 597 U.S. ___(2022) later in 2022. [19] [20]

Clinic history

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

Between 1982 and 1992, the number of abortion clinics in the state decreased by eight, going from 25 in 1982 to 17 in 1992. [21] In 2014, the state had thirteen facilities that provided abortions, of which eight were abortion clinics. [22] [23] In 2014, 88% of the counties in the state did not have an abortion clinic. That year, 9% of women in the state aged 15–44 lived in a county without an abortion clinic. [8] In 2017, there were three Planned Parenthood clinics, of which two offered abortion services, in a state with a population of 668,173 women aged 15–49. [24]

Statistics

In 1990, 149,000 women in the state faced the risk of an unintended pregnancy. [21] Between 2011 and 2014, the state saw a decrease of 6% in the number of abortions performed in the state. [23] In 2014, 62% of adults said in a poll by the Pew Research Center that abortion should be legal while 34% said it should be illegal in all or most cases. [25] In 2017, the state had an infant mortality rate of 5.8 deaths per 1,000 live births. [26]

Number of reported abortions, abortion rate and percentage change in rate by geographic region and state in 1992, 1995 and 1996 [27]
Census division and stateNumberRate % change 1992–1996
199219951996199219951996
US Total1,528,9301,363,6901,365,73025.922.922.9–12
Mountain69,60063,39067,0202117.918.6–12
Arizona20,60018,12019,31024.119.119.8–18
Colorado19,88015,69018,31023.61820.9–12
Idaho1,7101,5001,6007.25.86.1–15
Montana3,3003,0102,90018.216.215.6–14
Nevada13,30015,60015,45044.246.744.61
New Mexico6,4105,4505,47017.714.414.4–19
Utah3,9403,7403,7009.38.17.8–16
Wyoming4602802804.32.72.7–37
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^^
Nevada13,30044.21992 [27]
Nevada15,60046.71995 [27]
Nevada15,45044.6199 [27]
Nevada7,87013.92198,13214.42273.92014 [28]
Nevada6,76011.81867,11612.41965.52015 [29]
Nevada6,87311.91907,28412.62015.92016 [30]
^number of abortions per 1,000 women aged 15–44; ^^number of abortions per 1,000 live births

Abortion financing

In 2010, the state had zero publicly funded abortions. [31] The law as of May 1, 2018, said that potential danger to the life of the mother, pregnancy as a result of rape or incest were the only reasons that state funding could be used by women seeking abortions. [23]

SB 94 was passed in June 2019 in the final days of the legislative session. US$6 million was allocated as part of the bill to fund reproductive assistance measures in the state through family planning grants.  Money could be used by eligible organizations for a wide variety of uses including immunizations, birth control, emergency contraception, and male sterilization surgery. It did not cover abortions. This money was intended to assist low income women and women living in largely rural areas. [32]

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. [33]

Abortion rights protesters were at the Nevada Capitol Building with signs to support the passage of SB 179, including pink signs that said "protect safe, legal abortion". [34]

Following the overturn of Roe v. Wade on June 24, 2022, hundreds of abortion rights protestors rallied at the U.S. District Courthouse in Reno on June 24 and over the weekend. [35] Hundreds of abortion rights protestors also rallied at the U.S. Courthouse in Las Vegas on June 24. [36]

On May 20, 2024, Nevadans For Reproductive Freedom submitted over 200,000 signatures for their petition to qualify a measure for the November 2024 election ballot that would enshrine the right to abortion up to the point of fetal viability in the state constitution, almost doubling the 102,000 signatures required. [37]

Views

Legislation co-sponsor Democratic Senator Yvanna Cancela said of the SB 94's passage, "When the rest of the country may feel hopeless, may feel bleak, they should look to Nevada as the shining beacon that we are for women's rights." [34]

Anti-abortion views and activities

Views

Following the passage of the May 2019 legislation SB 94, Republican Assemblywoman Alexis Hansen said, "This bill is a slippery slope that (will) leave women and children less informed and more susceptible to exploitation." [34]

Violence

Rachelle "Shelley" Shannon attempted to set fires at abortion clinics in Oregon, California, Idaho and Nevada during the late 1980s and early 1990s and eventually pleaded guilty for these cases of arson.  In 1993, she was found guilty of the attempted murder of George Tiller in 1993 at his Wichita, Kansas clinic. [38]

Related Research Articles

Abortion in Oklahoma is illegal unless the abortion is necessary to save the life of a pregnant individual.

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. 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. The 2023 American Values Atlas reported that, in their most recent survey, 69% of Alaskans said 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.

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 Colorado is legal at all stages of pregnancy. It is one of seven states without any term restrictions as to when a pregnancy can be terminated.

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 Hawaii is legal. 66% of adults in Hawaii said in a 2014 poll by the Pew Research Center that abortion should be legal in all or most cases. The 2023 American Values Atlas reported that, in their most recent survey, 79% of people from Hawaii said that abortion should be legal in all or most cases. Hawaii began allowing 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 Minnesota is legal at all stages of pregnancy and is restricted only to standards of good medical practice. The Minnesota Supreme Court ruled the Minnesota Constitution conferred a right to an abortion in 1995 and the DFL-led Minnesota Legislature passed and Minnesota Governor Tim Walz signed into law a bill in 2023 to recognize a right to reproductive freedom and preventing local units of government from limiting that right. The Center for Reproductive Rights labels Minnesota as one of the most abortion-protective states in the country.

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 North Dakota is technically legal, but with no current providers. The state's sole abortion clinic, the Red River Women's Clinic, relocated to Minnesota.

Abortion in Oregon is legal at all stages of pregnancy. The Center for Reproductive Rights classifies Oregon as highly protective of abortion rights.

Abortion is legal in Pennsylvania up to the 24th week of pregnancy. 51% of Pennsylvania adults said in a 2014 poll by the Pew Research Center that abortion should be legal and 44% said it should be illegal in all or most cases. The 2023 American Values Atlas reported that, in their most recent survey, 63% of Pennsylvanians said that abortion should be legal in all or most cases.

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

Abortion in Tennessee is illegal from fertilization and provides no exceptions for rape, incest or the health of the pregnant individual. Tennessee's abortion legislation provides no explicit exceptions for the pregnant patient’s health. It makes an exception for an “affirmative defense” for emergencies, but the vagueness of what constitutes an emergency means that physicians hesitate to provide abortions even when the pregnant individual's life is in jeopardy. Attempts to codify the exceptions into law have been rejected by Republican politicians in Tennesse. Tennessee is among the four states which forbid abortion access through their state constitution; alongside Alabama, Louisiana, and West Virginia.

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 2023 American Values Atlas reported that, in their most recent survey, 76% of Vermonters said that abortion should be legal in all or most cases. 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 2014 poll by the Pew Research Center, 60% of adults said that abortion should be legal in all or most cases. The 2023 American Values Atlas reported that, in their most recent survey, 73% of Washingtonians said that abortion should be legal in all or most cases.

Abortion in West Virginia is illegal except in cases of rape or incest, fatal fetal abnormalities, and when the mother’s life is at risk from a pregnancy.

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

References

  1. ↑ "NRS: CHAPTER 442 - MATERNAL AND CHILD HEALTH; ABORTION". www.leg.state.nv.us. Retrieved September 2, 2021.
  2. ↑ "Abortion Views in All 50 States: Findings from PRRI's 2023 American Values Atlas | PRRI". PRRI | At the intersection of religion, values, and public life. May 2, 2024. Retrieved October 30, 2024.
  3. ↑ Kilgore, Ed (February 23, 2023). "A Majority of Americans Are Pro-Choice, Even in Red States". Intelligencer. Retrieved January 6, 2024.
  4. ↑ "In rare move, Nevada's Republican governor strengthens abortion rights protections - CBS News". www.cbsnews.com. May 30, 2023. Retrieved January 6, 2024.
  5. ↑ "Nevada Abortion Statute Referendum, Question 7 (1990)". Ballotpedia. Retrieved September 2, 2021.
  6. ↑ "Statute affirmation". Ballotpedia. Retrieved September 2, 2021.
  7. ↑ "State Policy On Informed Consent for Abortion" (PDF). Guttmacher Policy Review. Fall 2007. Retrieved May 22, 2019.
  8. 1 2 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.
  9. ↑ Lai, K. K. Rebecca (May 15, 2019). "Abortion Bans: 8 States Have Passed Bills to Limit the Procedure This Year". The New York Times. ISSN   0362-4331 . Retrieved May 24, 2019.
  10. ↑ "Abortion Laws". Findlaw. Retrieved May 23, 2019.
  11. 1 2 3 4 "Are there *any* states working to protect abortion rights?". Well+Good. May 17, 2019. Retrieved May 25, 2019.
  12. ↑ Tavernise, Sabrina (May 15, 2019). "'The Time Is Now': States Are Rushing to Restrict Abortion, or to Protect It". The New York Times. ISSN   0362-4331 . Retrieved May 24, 2019.
  13. ↑ "NRS: Chapter 442 - Maternal and Child Health; Abortion". www.leg.state.nv.us. Retrieved May 25, 2019.
  14. ↑ "Text-Only NPR.org : Nevada Law Removing Abortion Restrictions Passes State Assembly". text.npr.org. Retrieved May 28, 2019.
  15. 1 2 Kelly, Caroline (May 22, 2019). "Nevada passes bill to no longer require doctors to tell women the 'emotional implications' of an abortion". CNN. Retrieved May 28, 2019.
  16. ↑ Veronica Stracqualursi and Chris Boyette (June 2019). "Illinois and Nevada approve abortion rights bills that remove long-standing criminal penalties". CNN. Retrieved June 2, 2019.
  17. ↑ Adam Edelman and Lindsey Pipia (July 1, 2024). "Abortion rights amendment qualifies for the ballot in Nevada". NBC News. Retrieved July 2, 2024.
  18. ↑ Buell, Samuel (January 1, 1991). "Criminal Abortion Revisited". New York University Law Review. 66 (6): 1774–1831. PMID   11652642.
  19. ↑ de Vogue, Ariane (June 24, 2022). "Supreme Court overturns Roe v. Wade". CNN . Archived from the original on June 24, 2022. Retrieved June 24, 2022.
  20. ↑ Howe, Amy (June 24, 2022). "Supreme Court overturns constitutional right to abortion". SCOTUSblog . Archived from the original on June 24, 2022. Retrieved June 24, 2022.
  21. 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.
  22. ↑ 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)
  23. 1 2 3 "State Facts About Abortion: Nevada". Guttmacher Institute. January 26, 2016. Retrieved May 28, 2019.
  24. ↑ "Here's Where Women Have Less Access to Planned Parenthood" . Retrieved May 23, 2019.
  25. ↑ "Views about abortion by state - Religion in America: U.S. Religious Data, Demographics and Statistics". Pew Research Center. Retrieved June 27, 2022.
  26. ↑ "States pushing abortion bans have highest infant mortality rates". NBC News. May 24, 2019. Retrieved May 25, 2019.
  27. 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.
  28. ↑ 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.
  29. ↑ 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.
  30. ↑ 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.
  31. ↑ "Guttmacher Data Center". data.guttmacher.org. Retrieved May 24, 2019.
  32. ↑ Benavidez, Gabriella. "Gov. Sisolak to sign bills to decriminalize abortion, fund family planning services". FOX5 Las Vegas. Retrieved June 6, 2019.
  33. ↑ Bacon, John. "Abortion rights supporters' voices thunder at #StopTheBans rallies across the nation". USA Today. Retrieved May 25, 2019.
  34. 1 2 3 Tarinelli, Ryan (June 3, 2019). "Nevada lawmakers close to repealing tough abortion rules". chicagotribune.com. Retrieved June 6, 2019.
  35. ↑ Sagrero, Gustavo (June 27, 2022). "KUNR Today: Nevadans protest the fall of Roe v. Wade". KUNR. Retrieved April 7, 2024.
  36. ↑ Wilson, David (June 24, 2022). "Abortion-rights backers protest Roe ruling in Las Vegas". Las Vegas Review-Journal. Retrieved April 7, 2024.
  37. ↑ Ritter, Ken (May 20, 2024). "Nevada abortion-rights measure has enough signatures for November ballot, supporters say". AP News. Retrieved May 20, 2024.
  38. ↑ Jacobson, Mireille; Royer, Heather (December 2010). "Aftershocks: The Impact of Clinic Violence on Abortion Services". American Economic Journal: Applied Economics. 3: 189–223. doi:10.1257/app.3.1.189.
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