As of July 1, 2023, abortion in North Carolina is currently illegal after 12 weeks of pregnancy. [1] [2] In the case of rape or incest, abortion is legal through the 20th week of pregnancy. In the case of a "life-limiting" fetal abnormality, abortion is legal through the 24th week of pregnancy. If the woman's life is determined by a qualified physician to be at risk, abortion is legal at any stage of pregnancy. [3] [4] North Carolina is destination for many out-of-state women seeking abortions, as most US Southern states have implemented laws banning abortion after six weeks of pregnancy or near-total prohibitions on abortion. [5]
Abortion related legislation existed in North Carolina by 1900, which included a therapeutic exception. National research carried out in 1967 included North Carolina data to derive estimates related to abortion procedures. State Targeted Regulation of Abortion Providers (TRAP) laws were in place by 2013. [6] North Carolina abortion laws have been before the federal judiciary, including in March 2019 when U.S. District Judge William Osteen formally struck down North Carolina's life of the mother only 20-week abortion ban. [7]
The number of abortion-providing facilities in North Carolina, including freestanding abortion clinics, has declined over the years, with: 114 facilities providing abortions in 1982, 86 facilities providing abortions in 1992, 27 facilities providing abortions in 2014 (16 of which were freestanding abortion clinics), and 26 facilities providing abortions in 2017 (14 of which were freestanding clinics). [8] [9] The total number of abortions in the state have generally declined over time, with a 36% decrease from 1980 to 2013. [10] There is an abortion rights activist community in the state, with women participating in the #YouKnowMe movement, and in the #StoptheBans movement in May 2019. There is also an anti-abortion rights movement in the state.
In 2017, Lindsay Beyerstein and Martyna Starosta directed Care in Chaos, a short documentary that centered around the experiences of an abortion clinic director dealing with daily anti-abortion protesting outside of an abortion clinic in Charlotte, North Carolina. [11] This documentary won the category of "best documentary short" at the Nevada International Film Festival. [11]
In 1967, a group of North Carolina-based researchers published estimates for the number of abortions performed in the United States; using data from North Carolina, they estimated that 699,000 induced abortions had been performed in 1955 and that the annual number had risen to 829,000 in 1967. [12]
Thousands of women came from out of state in 2015 to get abortions in North Carolina and Georgia. 14.5% of all abortions in Georgia that year were for out-of-state residents, while 7.5% of all abortions performed in North Carolina were performed for out-of-state residents. This contrasted to neighboring South Carolina, where only 5.9% of abortions performed in the state involved out-of-state residents. [13]
By the end of the 1800s, all states in the Union except Louisiana had therapeutic exceptions in their legislative bans on abortions. [14] 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. [14] In the late 1960s and early 1970s, Arkansas, Colorado, Georgia, Maryland, New Mexico, North Carolina and Oregon made reforms to their abortion laws, with most of these states providing more detailed medical guidance on when therapeutic abortions could be performed. [14]
In 2013, state Targeted Regulation of Abortion Providers (TRAP) law applied to medication induced abortions in addition to abortion clinics. [15] Nebraska and North Carolina had laws prohibiting abortions after 20 weeks. [16] This law was still in place in mid-2019. [17]
On May 3, 2023, a proposed 12 week abortion ban was rushed through the state legislature in less than 24 hours. Representative Tricia Cotham helped the measure to pass, abruptly switching positions after campaigning on abortion rights in 2022. [18] After Governor Roy Cooper vetoed the 12 week ban on May 13, the North Carolina state legislature overrode the governor's veto and passed a 12-week abortion ban on May 16, 2023. [19]
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. [14] 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. [20] [21] U.S. District Judge William Osteen formally struck down North Carolina's 'life of the mother only' 20-week abortion ban in March 2019. His judgement pushed the date of which abortions could be performed to the date of viability, which is later for many women. [22] [23] A 2022 ruling reinstated the 20-week abortion ban. [24]
On July 26, 2024, U.S. District Judge Catherine Eagles issued a permanent injunction to the 2023 abortion law in the law requiring doctors to document the location of a pregnancy before prescribing abortion pills, but restored enforcement of another provision in the law that required abortions after 12 weeks of pregnancy to be performed in hospitals. The ruling means most of North Carolina's abortion laws updated since the end of Roe v. Wade. [5]
Between 1982 and 1992, the number of abortion clinics in the state decreased by 28, going from 114 in 1982 to 86 in 1992. [25] In the period between 1992 and 1996, the state ranked second in the loss of number of abortion clinics, losing 27 to have a total of 59 in 1996. [26] In 2014, there were 27 facilities that provided abortions, of which sixteen were abortion clinics. [27] [28] In 2014, 90% of the counties in the state did not have an abortion clinic. That year, 53% of women in the state aged 15–44 lived in a county without an abortion clinic. [29] In 2017, there were 26 total abortion-providing facilities (with 14 total clinics including 9 Planned Parenthood clinics, of which 5 offered abortion services) in a state with a population of 2,335,631 women aged 15–49. [30] [31] Not all people who seek abortions in North Carolina are residents of the state, as clinics in cities near the borders attract people seeking abortions from other states. [13]
In the period between 1972 and 1974, the state had an illegal abortion mortality rate per million women aged 15–44 of between 1.1 and 1.9. [57] In 1990, 774,000 women in the state faced the risk of an unintended pregnancy. [25] In 2010, the state had three publicly funded abortions, of which were all federally funded and none were state funded. [58] The abortion rate in North Carolina increased between 2011 and 2014 by 3%. [28]
In 2013, among white women aged 15–19, there were 1,110 abortions, 1380 abortions for black women aged 15–19, 310 abortions for Hispanic women aged 15–19, and 160 abortions for women of all other races. [59] In 2014, 49% of adults said in a poll by the Pew Research Center that abortion should be legal in all or most cases. [60] In 2017, the state had an infant mortality rate of 7.1 deaths per 1,000 live births. [61]
Between 2014 and 2017, there was a 3% decline in the abortion; it went from 15.1 to 14.6 abortions per 1,000 women of reproductive age. Abortions in North Carolina represent 3.4% of all abortions in the United States. [62]
Census division and state | Number | Rate | % change 1992–1996 | ||||
---|---|---|---|---|---|---|---|
1992 | 1995 | 1996 | 1992 | 1995 | 1996 | ||
South Atlantic | 269,200 | 261,990 | 263,600 | 25.9 | 24.6 | 24.7 | –5 |
Delaware | 5,730 | 5,790 | 4,090 | 35.2 | 34.4 | 24.1 | –32 |
District of Columbia | 21,320 | 21,090 | 20,790 | 138.4 | 151.7 | 154.5 | 12 |
Florida | 84,680 | 87,500 | 94,050 | 30 | 30 | 32 | 7 |
Georgia | 39,680 | 36,940 | 37,320 | 24 | 21.2 | 21.1 | –12 |
Maryland | 31,260 | 30,520 | 31,310 | 26.4 | 25.6 | 26.3 | 0 |
North Carolina | 36,180 | 34,600 | 33,550 | 22.4 | 21 | 20.2 | –10 |
South Carolina | 12,190 | 11,020 | 9,940 | 14.2 | 12.9 | 11.6 | –19 |
Virginia | 35,020 | 31,480 | 29,940 | 22.7 | 20 | 18.9 | –16 |
West Virginia | 3,140 | 3,050 | 2,610 | 7.7 | 7.6 | 6.6 | –14 |
Location | Residence | Occurrence | % obtained by out-of-state residents | Year | Ref | ||||
---|---|---|---|---|---|---|---|---|---|
No. | Rate^ | Ratio^^ | No. | Rate^ | Ratio^^ | ||||
North Carolina | 36,180 | 22.4 | 1992 | [26] | |||||
North Carolina | 34,600 | 21 | 1995 | [26] | |||||
North Carolina | 33,550 | 20.2 | 1996 | [26] | |||||
North Carolina | 21,385 | 10.8 | 177 | 24,605 | 12.4 | 203 | 14.5 | 2014 | [63] |
North Carolina | 23,066 | 11.6 | 191 | 27,631 | 13.9 | 229 | 17.5 | 2015 | [64] |
North Carolina | 23,168 | 11.6 | 192 | 27,138 | 13.6 | 225 | 16.8 | 2016 | [65] |
^number of abortions per 1,000 women aged 15–44; ^^number of abortions per 1,000 live births |
In May 2019, women from the state participated in the #YouKnowMe movement. [66]
Women from the state participated in marches supporting abortion rights as part of a #StoptheBans movement in May 2019. [67]
In November 2020, Reiley Baker, a UNC Chapel Hill student from Charlotte, started a petition to stop a prayer walk organized by Love Life. The petition was signed by 137,000 people on change.org over three days. "They'll travel back to their communities across North Carolina and possibly spread COVID-19," Baker told The Charlotte Observer. [68]
Following the overturn of Roe v. Wade on June 24, 2022, hundreds of abortion rights protesters turned out to protest in various cities in North Carolina, including Charlotte, [69] Asheville, [70] Raleigh, [71] and Wilmington. [72]
In Raleigh, North Carolina on May 3, 2023, hundreds of abortion rights protesters rallied at the North Carolina state legislature in opposition to a proposed 12-week abortion ban that was rushed through the legislature in less than 24 hours. [18] On May 13, hundreds of abortion rights protesters rallied in Raleigh as Governor Roy Cooper vetoed the 12-week abortion ban. [73] On May 16, abortion rights protests continued after the North Carolina state legislature overrode the governor's veto and passed a 12-week abortion ban. [74] [75]
An incident of anti-abortion violence occurred at an abortion clinic in Greensboro, North Carolina, on March 17, 1991. [76] A man set fires at two Greensboro abortion clinics on March 17 and 19, 1991. Although he had schizophrenia, he was found mentally competent and pled guilty to arson in 1993. [77] [78] [79] N.C. Right to Life president Jim Lung condemned the violence. [78] Another arson occurred in 1997, [80] and a clinic in Asheville was bombed in 1999. [81] [82]
Abortion in Oklahoma is illegal unless the abortion is necessary to save the life of a pregnant woman.
Abortion in Georgia is illegal after detection detection of embryonic cardiac-cell activity, which typically begins in the fifth or sixth week after the onset of the last menstrual period (LMP), two to three weeks after implantation, when many women are not yet aware that they are pregnant.
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 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 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 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.
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 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 woman. 62% of adults said in a poll by the Pew Research Center that abortion should be legal while 34% said it should by illegal 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, continued access to abortion is supported by all parties, including the Republicans.
Abortion in North Dakota is illegal. The state's sole abortion clinic relocated to Minnesota.
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 Carolina is legal up to when a heartbeat can be detected, usually around 6 weeks from the woman's last menstrual period, when many women are not yet aware that they are pregnant. On May 25, 2023, Governor Henry McMaster signed a 6-week ban, and it took effect immediately. The ban was indefinitely blocked in court on May 26, and reinstated by the South Carolina Supreme Court on August 23.
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 West Virginia is illegal except in cases of rape, 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, 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.
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: CS1 maint: multiple names: authors list (link)Between 2014 and 2017- There was a 3% decline in the abortion, it went from 15.1 to 14.6 abortions per 1,000 women of reproductive age. Abortions in North Carolina represent 3.4% of all abortions in the United States