Abortion in New Jersey is legal at all stages of pregnancy. [1] Abortion-related laws were drafted by the legislature by the end of the 1900s. These laws would be addressed in court during the 1800s as they related to application in prosecutions of people who could become pregnant for having abortions. During the 1940s, hospitals created committees to approve abortion requests, with the goal of trying to reduce the number of abortions performed at them. Currently, there are no required waiting times, and parental consent is not required. The Center for Reproductive Rights labels New Jersey as one of the most abortion-protective states in the country. [2]
The Committee on Abortion was created at the Monmouth Memorial Hospital in Long Branch during the 1940s with the goal of reducing the number of abortions at the hospital performed for therapeutic reasons. [3] Monmouth Memorial Hospital's Dr. Robert A. MacKenzie said of this process, "No physician is going to ask the Committee to consider a case which he has not carefully studied, nor about which he does not feel strongly." [3] MacKenzie went on to say about review committees, "No woman will consent to be taken to the hospital for possible examination and interrogation unless she desperately feels the need for help." [3]
In March 2015, then-Governor (and later a US Republican presidential primary candidate) Chris Christie issued a statement to the Susan B. Anthony List that said he supported a 20-week abortion ban. [4]
In September 2018, New Jersey Senator Cory Booker released documents related to Brett Kavanaugh's position on abortion when Kavanaugh was serving as a staff member in President George W. Bush's White House. [5]
With states like Alabama and Georgia passing restrictive abortion laws in early 2019, some businesses announced they would boycott these states. Birmingham Mayor Randall Woodfin said that these boycotts would likely mean two tech companies would not base themselves in the city. Other states moved to try to take advantage of this political situation, including New Jersey where current Governor Phil Murphy related a statement that said, "New Jersey is open for business for any company that, given the assault on a woman's right to choose perpetrated by states like Alabama and Georgia, is seeking a home that recognizes basic constitutional rights. [...] New Jersey offers not only a hospitable business climate, but also maintains its progressive values, which include defending a woman's right to choose." [6]
By the end of the 1800s, all states in the Union except Louisiana had therapeutic exceptions in their legislative bans on abortions. [7] In the 19th century, bans by state legislatures on abortion were about protecting the life of the mother given the number of deaths caused by abortions; state governments saw themselves as looking out for the lives of their citizens. [7]
In January 2015, a Pain-Capable Unborn Child Protection Act was discussed but was ultimately pulled because female Republican New Jersey House members expressed active opposition to the bill, with one major complaint being the only exception was in rape and only if the woman had reported the rape to the police. [4]
As of 2017, Washington State, New Mexico, Illinois, Alaska, Maryland, Massachusetts, Connecticut, and New Jersey allow qualified non-physicians to prescribe drugs for medical abortions only. [8] In early 2018, State Sen. Jeff Van Drew quietly withdrew his sponsorship of a bill that supported parental consent before a minor could request an abortion in New Jersey. [9] As of March 2019, New Jersey remained one of the few states in the country that lacked mandatory consent for minors to get an abortion, either through parental notification or judicial bypass. Laws also existed that allowed women to drop off newborn infants at certain designated locations without providing their contact information and without facing legal consequences for child abandonment; such a law is called a Safe-Haven law. As of May 2018, the state did not require waiting periods or mandatory parental consent for abortions or prohibit state funding for abortions. [10]
In January 2021, governor Phil Murphy signed the Freedom of Reproductive Choice Act into law, preserving the legal right to obtain an abortion, fulfilling a reelection campaign promise. The law was passed in anticipation of a possible Supreme Court decision to overturn Roe v. Wade , which was considered likely after the appointment of Amy Coney Barrett to the court. [11]
In 1858, the New Jersey Supreme Court said of a woman, "Her guilt or innocence remains a common law. Her offense at the common law is against the life of the child.... The statue regards her as the victim of the crime, not as the criminal, as the object of protection, rather than of the punishment." [7] 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. [7] 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, [12] [13] though abortion remains legally protected in New Jersey. [2]
Between 1982 and 1992, the number of abortion clinics in the state decreased by twelve, going from 100 in 1982 to 88 in 1992. [14] During the 1990s, Steven C. Brigham opened his first abortion clinic in the state in Wyomissing. [15] While working at his clinics, Brigham performed a number of botched abortions, including late-term abortions. These were investigated and later resulted in Brigham losing his medical license. [15] In 1996, the state had 94 abortion clinics and was one of only three to gain clinics in the period between 1992 and 1996. [16] In 2011, there were 64 facilities which provided abortions of which 24 were abortion clinics. [10] In 2014, there were 79 facilities that provided abortions of which 41 were abortion clinics. [17] [10] In 2014, 33% of the counties in the state did not have an abortion clinic. That year, 23% of women in the state aged 15–44 lived in a county without an abortion clinic. [18] In March 2016, there were 26 Planned Parenthood clinics in the state. [19] In 2017, there were 26 Planned Parenthood clinics in a state with a population of 2,046,346 women aged 15–49 of which 22 offered abortion services. [20]
In 2014, Steven C. Brigham lost his medical license and was ordered by the New Jersey Board of Medical Examiners to divest his ownership in six abortion clinics. [21] [15]
Vikram Kaji owned a chain of abortion clinics in New Jersey in 2019, but had his medical license revoked in January 2019 because of physical and mental impairments as a result of a stroke. As part of his agreement when his license was revoked, he agreed to sell these in April 2019. His agreement also included a provision that would make it possible for state regulators to remove 62-year-old Steven C. Brigham as co-founder of seven of those clinics. [21] [22]
According to a report published in 2022 by The Covid State Project, legal elective abortion in New Jersey holds support but much weaker support at the later the ages of the fetus. [23]
2022 - Covid State Project | Support (S) | Oppose (O) | neither S nor O | No Opinion | Error Interval |
---|---|---|---|---|---|
Abortion support to protect the Woman's Health | 47 | 18 | 22 | 13 | 6 |
Abortion support in Pregnancy caused by Rape | 66 | 10 | 13 | 11 | 6 |
Abortion support for Financial Reasons | 36 | 32 | 19 | 13 | 6 |
Abortion support for Fetal Health problems or Birth Defects | 55 | 14 | 18 | 13 | 6 |
Abortion support if a Woman doesn't want to be Pregnant | 44 | 25 | 21 | 11 | 6 |
Abortion support after Fetal Viability | 22 | 40 | 20 | 18 | 6 |
Abortion support after 6 Weeks of Pregnancy | 39 | 28 | 20 | 13 | 6 |
Abortion support after a Fetal Heartbeat is Detected | 34 | 34 | 21 | 11 | 6 |
In the period between 1972 and 1974, the state had an illegal abortion mortality rate per million women aged 15–44 of between 0.1 and 0.9. [24] In 1990, 1,042,000 women in the state faced the risk of an unintended pregnancy. [14] In 2013, among white women aged 15–19, there were 1110 abortions, 2230 abortions for black women aged 15–19, 470 abortions for Hispanic women aged 15–19, and 860 abortions for women of all other races. [25] In 2014, 61% of adults said in a poll by the Pew Research Center that abortion should be legal in all or most cases. [26] The 2023 American Values Atlas reported that, in their most recent survey, 72% of people from New Jersey said that abortion should be legal in all or most cases. [27] In 2017, the state had an infant mortality rate of 4.5 deaths per 1,000 live births. [28]
The number of abortion clinics in New Jersey has been on the decline in recent years, going from 100 in 1982 to 88 in 1992 to 41 in 2014. State funding through Medicaid was available for poor women needing abortions, with 10,277 state funded abortions in 2010. There were 24,454 legal abortions performed in 2014, going up to 48,110 abortions in New Jersey in 2017. [29]
Census division and state | Number | Rate | % change 1992–1996 | ||||
---|---|---|---|---|---|---|---|
1992 | 1995 | 1996 | 1992 | 1995 | 1996 | ||
Middle Atlantic | 300,450 | 278,310 | 270,220 | 34.6 | 32.7 | 32 | –8 |
New Jersey | 55,320 | 61,130 | 63,100 | 31 | 34.5 | 35.8 | 16 |
New York | 195,390 | 176,420 | 167,600 | 46.2 | 42.8 | 41.1 | –11 |
Pennsylvania | 49,740 | 40,760 | 39,520 | 18.6 | 15.5 | 15.2 | –18 |
Location | Residence | Occurrence | % obtained by out-of-state residents | Year | Ref | ||||
---|---|---|---|---|---|---|---|---|---|
No. | Rate^ | Ratio^^ | No. | Rate^ | Ratio^^ | ||||
New Jersey | 55,320 | 31 | 1992 | [16] | |||||
New Jersey | 61,130 | 34.5 | 1995 | [16] | |||||
New Jersey | 63,100 | 35.8 | 1996 | [16] | |||||
New Jersey | 24,454 | 14.2 | 237 | 24,181 | 14.0 | 234 | 5.2 | 2014 | [30] |
New Jersey | 24,563 | 14.4 | 239 | 24,470 | 14.3 | 238 | 5.5 | 2016 | [31] |
^number of abortions per 1,000 women aged 15–44; ^^number of abortions per 1,000 live births | |||||||||
Seventeen states including New Jersey use their own funds to cover all or most "medically necessary" abortions sought by low-income women under Medicaid, thirteen of which are required by State court orders to do so. [32] In 2010, the state had 10,277 publicly funded abortions, of which were zero federally funded and 10,277 were state funded. [33]
Current Governor Phil Murphy passed a bill into law approving the allocation of $9.5 million in state taxpayer money to Planned Parenthood after President Donald Trump barred clinics that tell patients where they can obtain abortions or clinics offering abortions from receiving federal aid. In 2022 taxpayer funding to Planned Parenthood doubled to $19.9 million. [34]
The state has an abortion rights activist community. Women from the state participated in marches supporting abortion rights as part of a #StoptheBans movement in May 2019. [35]
Following the overturn of Roe v. Wade on June 24, 2022, abortion rights protests in Teaneck, Morristown and South Orange were held on June 24. [36] On June 26, protests continued for a third day in Fair Lawn, Jersey City and Hoboken. [37]
Governor Chris Christie said in March 2015, "When I was preparing to run for Governor of New Jersey there were those who told me there was no way I would be elected as a pro-life candidate. [...] I told them that they were wrong, that the voters would accept the sincerity of my beliefs even if they felt differently. Today, I am a living example that being pro-life is not a political liability anywhere in America." [4]
On February 14, 2018, Marckles Alcius, 34, a Haitian national from Lowell, Massachusetts, stole a bakery truck and drove it into a Planned Parenthood clinic in East Orange, New Jersey, injuring three people. He pleaded guilty to aggravated assault, causing injury or damage and being in possession of the stolen truck. He was sentenced to 10 years in prison. [38]
In the state of New Jersey, minors are able to obtain abortion services without parental consent. [39] As long as the minor has obtained the required information, such as risks and alternatives, the minor may give informed consent to these services without parental consent. All healthcare professionals are bound by law to adhere to HIPAA confidentiality rules, unless the minor is suspected of being a victim of child abuse or neglect, is a harm to self or others, or is listed by the insurance the minor may be attempting to use.
Abortion in Alabama is illegal. Historically, Alabama's abortion laws have evolved from strict regulations in the late 19th and early 20th centuries to a period of liberalization following the landmark 1973 Supreme Court decision in Roe v. Wade, which legalized abortion nationwide. However, Alabama has consistently enacted legislation aimed at restricting access to abortion.
Abortion in Illinois is legal up to the point of fetal viability. Laws about abortion dated to the early 1800s in Illinois; the first criminal penalties related to abortion were imposed in 1827, and abortion itself became illegal in 1867. As hospitals set up barriers in the 1950s, the number of therapeutic abortions declined. Following Roe v. Wade in 1973, Illinois passed a number of restrictions on abortion, many of which have subsequently been repealed. Illinois updated its existing abortion laws in June 2019. The state has seen a decline in the number of abortion clinics over the years, going from 58 in 1982 to 47 in 1992 to 24 in 2014.
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 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 Idaho is illegal from fertilization. Following the overturning of Roe v. Wade on June 24, 2022, abortion in Idaho was criminalized by the trigger law which states that a person who performs an abortion may face two to five years of imprisonment. The ban allows exceptions for maternal health, rape and incest within the first trimester. The law took effect on August 25, 2022. Minors need parental consent to travel out of state for an abortion.
Abortion in Massachusetts is legal, although terminations after the 24th week can only be performed if a physician determines it to be medically necessary. Modern Massachusetts is considered to be one of the most pro-abortion rights states in the country; a 2014 Pew Research poll found that 74% of residents supported the right to an abortion in all or most cases, a higher percentage than any other state in 2014. Marches supporting abortion rights took place as part of the #StoptheBans movement in May 2019. The 2023 American Values Atlas reported that, in their most recent survey, 78% of people from Massachusetts said that abortion should be legal in all or most cases.
Abortion in Michigan is legal throughout pregnancy. A state constitutional amendment to explicitly guarantee abortion rights was placed on the ballot in 2022 as Michigan Proposal 22–3; it passed with 57 percent of the vote, adding the right to abortion and contraceptive use to the Michigan Constitution. The amendment largely prevents the regulation of abortion before fetal viability, unless said regulations are to protect the individual seeking an abortion, and it also makes it unconstitutional to make laws restricting abortions which would protect the life and health, physical and/or mental, of the pregnant individual seeking abortion.
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 Mississippi is illegal. The new law took effect on July 7, 2022, after Mississippi State Attorney General Lynn Fitch certified on June 27, the Supreme Court decision on Dobbs v. Jackson Women's Health Organization on June 24 of that year. State Attorney General Lynn Fitch's certification made Mississippi's 2007 'trigger law' go into effect and ban all abortions in the state, “except in the case where necessary for the preservation of the mother's life or where the pregnancy was caused by rape".
Abortion in Montana is legal at most stages of pregnancy. 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 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 mother. 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. 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, continued access to abortion is supported by all parties, including the Republicans.
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 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 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 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 Wisconsin has been legal since September 18, 2023, before which its legal status had been unclear since the overturn of Roe v Wade, 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.
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