Abortion in Rhode Island

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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. [1]

Contents

History

Legislative history

By the end of the 1800s, all states in the Union, except Louisiana, had therapeutic exceptions in their legislative bans on abortions. [2] 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. [2]

The state was one of ten states in 2007 to have a customary informed consent provision for abortions. [3] In 2013, state Targeted Regulation of Abortion Providers (TRAP) law applied to medication induced abortions and private doctor offices, in addition to abortion clinics. [4]

As of May 14, 2019, the state prohibited abortions after the fetus was viable, considered to be 24 weeks. This period uses a standard defined by the US Supreme Court in 1973 with the Roe v. Wade ruling. [5] [6] [7] Another provision was on the books banning abortion at 12 weeks but it was not enforceable by law. [6] In May 2019, Rhode Island's Senate Judiciary Committee considered a bill that would have allowed the right to an abortion to be codified into state law, before finally rejecting it. [8] [9] [6]

On June 19, 2019, both the Rhode Island Senate and the Rhode Island House of Representatives passed the Reproductive Privacy Act. The House voted 45–29, [10] and the Senate voted 21–17. [11] Governor Raimondo signed the legislation soon after. The Reproductive Privacy Act banned Rhode Island from restricting “an individual person from preventing, commencing, continuing, or terminating that individual’s pregnancy prior to fetal viability” or after fetal viability “to preserve the health or life” of the pregnant individual. It also forbade state restrictions on contraceptives, repealed bans on partial-birth abortions, forbade medical professionals from being charged with felony assault for performing abortions, and repealed requirements for abortion providers to notify a husband before giving his wife an abortion. [12]

On August 27, 2019, a motion was filed in Superior Court which alleges that the Reproductive Privacy Act violated Article I, Section 2, of the Constitution of Rhode Island. [13] These allegations are premised on plaintiffs' argument that Article I, Section 2, prohibits the General Assembly from passing any law that would grant or secure any rights relating to abortion or the funding thereof. [14] The motion was dismissed in 2022. [15]

Judicial history

Before the US Supreme Court decision Roe v. Wade decriminalized abortion nationwide in 1973, abortion was already legal in several states, but the decision imposed a uniform framework for state legislation on the subject. It established a minimal period during which abortion is legal (with more or fewer restrictions throughout the pregnancy). That basic framework, modified in Planned Parenthood v. Casey (1992), remains nominally in place, although the effective availability of abortion varies significantly from state to state, as many counties have no abortion providers. [16] Planned Parenthood v. Casey held that a law cannot place legal restrictions imposing an undue burden for "the purpose or effect of placing a substantial obstacle in the path of a woman seeking an abortion of a non-viable fetus". [17]

Clinic history

Number of abortion clinics in Rhode Island by year Number of abortion clinics in Rhode Island by year.png
Number of abortion clinics in Rhode Island by year

Between 1982 and 1992, the number of abortion clinics in the state increased from five in 1982 to six in 1992. [18] In 2014, there were three abortion clinics in the state. [19] In 2014, 80% of the counties in the state did not have an abortion clinic. That year, 36% of women in the state aged 15–44 lived in a county without an abortion clinic. [20] In 2017, there was one Planned Parenthood clinic, which offered abortion services, in a state with a population of 246,389 women aged 15–49. [21]

Statistics

In the period between 1972 and 1974, there were no recorded illegal abortion deaths in the state. [22] In 1990, 137,000 women in the state faced the risk of an unintended pregnancy. [18] In 2010, the state had no publicly funded abortions. [23] In 2014, 63% of adults said in a poll by the Pew Research Center that abortion should be legal in all or most cases. [24] In 2017, the state had an infant mortality rate of 6.2 deaths per 1,000 live births. [25]

Number of reported abortions, abortion rate, and percentage change in rate by geographic region and state in 1992, 1995, and 1996 [26]
Census division and stateNumberRate % change 1992–1996
199219951996199219951996
Total1,528,9301,363,6901,365,73025.922.922.9–12
New England78,36071,94071,28025.223.623.5–7
Connecticut19,72016,68016,23026.22322.5–14
Maine4,2002,6902,70014.79.69.7–34
Massachusetts40,66041,19041,16028.429.229.33
New Hampshire3,8903,2403,47014.61212.7–13
Rhode Island6,9905,7205,4203025.524.4–19
Number of reported abortions and abortion rate, selected years; and percentage change in rate, 2008–2011 — all by region and state in which the abortions occurred [27]
Region and stateNumberRate (abortions per 1,000 women aged 15–44.) % change 2008–2011
200820102011200820102011
Total1,212,3501,102,6701,058,49019.417.716.9−13
Northeast302,710281,250272,02027.125.324.6−9
Connecticut17,03015,43014,64024.422.321.3−13
Maine2,8002,4902,36011.210.39.9−12
Massachusetts24,90024,36024,03018.418.017.8−3
New Hampshire3,2003,0403,20012.412.212.94
New Jersey54,16048,84046,99030.928.127.1−12
New York153,110142,790138,37037.735.334.2−9
Pennsylvania41,00038,65036,87016.715.815.1−9
Rhode Island5,0004,2904,21022.920.019.8−13
Vermont1,5101,3701,37012.511.611.7−7
Number of reported abortions and abortion rate in 2014, 2016, and 2017; and percentage change in rates between 2014 and 2017, all by region and state in which the abortion occurred [28]
Region and stateNumberRate (abortions per 1,000 women aged 15–44.) % change 2014–2017
201420162017201420162017
U.S. Total926,190874,080862,32014.613.713.5–8
Northeast240,320232,040224,31021.821.220.5–6
Connecticut13,14012,21011,91019.218.117.7–8
Maine2,2202,0602,0409.58.98.8–7
Massachusetts21,02019,20018,59015.314.013.5–12
New Hampshire2,5402,3102,21010.49.69.2–12
New Jersey44,46048,30048,11025.828.228.09
New York119,940110,840105,38029.627.626.3–11
Pennsylvania32,03032,23031,26013.313.513.1–1
Rhode Island3,5803,5103,50017.016.816.7–2
Vermont1,4001,3601,30012.112.011.4–5
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^^
Rhode Island2,58112.32382,99014.2276162014 [29]
Rhode Island2,34811.22142,64912.624114.72015 [30]
Rhode Island2,22310.72062,47911.923012.92016 [31]
^number of abortions per 1,000 women aged 15–44; ^^number of abortions per 1,000 live births

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. [32] [33]

Related Research Articles

Abortion in Alaska is legal at all stages of pregnancy, as long as a licensed physician performs the procedure. 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.

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

Abortion in Delaware is legal up to the point of fetal viability. 55% of adults said in a poll by the Pew Research Center that abortion should be legal and 38% stated 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 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 rape, incest, or maternal health. The law took effect on August 25, 2022.

Abortion in Maine is legal throughout all stages of pregnancy, though it must be approved as "necessary" by a licensed physician after fetal viability. 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 Nebraska is legal up to the 12th week of pregnancy, after new legislation was signed in May 2023. In June 2023, a lawsuit was filed to challenge the state's abortion law. The legislation establishing the law contained provisions concerning both abortion and gender-affirming care, while the state constitution prohibits bills that legislate on multiple issues at once.

Abortion in Nevada is legal within 24 weeks since fertilization, 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.

Abortion in New York is legal at all stages of pregnancy, although abortions after the point of viability require a physician's approval. Abortion was legalized up to the 24th week of pregnancy in New York (NY) 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 woman'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, abortion is effectively legal throughout pregnancy.

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 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 Vermont is legal in 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 up to the point of fetal viability. 60% of adults said in a poll by the Pew Research Center that abortion should be legal in all or most cases.

Abortion in West Virginia is illegal, with few exceptions.

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.

References

  1. ↑ "Rhode Island codifies Roe v Wade into State Law". UpriseRI.com.
  2. 1 2 Buell, Samuel (1991-01-01). "Criminal Abortion Revisited". New York University Law Review. 66 (6): 1774–1831. PMID   11652642.
  3. ↑ "State Policy On Informed Consent for Abortion" (PDF). Guttmacher Policy Review. Fall 2007. Retrieved May 22, 2019.
  4. ↑ "TRAP Laws Gain Political Traction While Abortion Clinics—and the Women They Serve—Pay the Price". Guttmacher Institute. 2013-06-27. Retrieved 2019-05-27.
  5. ↑ Lai, K. K. Rebecca (2019-05-15). "Abortion Bans: 8 States Have Passed Bills to Limit the Procedure This Year". The New York Times. ISSN   0362-4331 . Retrieved 2019-05-24.
  6. 1 2 3 "Are there *any* states working to protect abortion rights?". Well+Good. 2019-05-17. Retrieved May 25, 2019.
  7. ↑ Tavernise, Sabrina (2019-05-15). "'The Time Is Now': States Are Rushing to Restrict Abortion, or to Protect It". The New York Times. ISSN   0362-4331 . Retrieved 2019-05-24.
  8. ↑ "National Debate Over Abortion Laws Comes To Rhode Island". www.wbur.org. Retrieved 2019-05-23.
  9. ↑ Gregg, Katherine. "Abortion-rights bill voted down by R.I. Senate Judiciary Committee". providencejournal.com. Retrieved May 25, 2019.
  10. ↑ "The State of Rhode Island General Assembly". webserver.rilin.state.ri.us. Retrieved 2021-08-09.
  11. ↑ "The State of Rhode Island General Assembly". webserver.rilin.state.ri.us. Retrieved 2021-08-09.
  12. ↑ Kelly, Caroline (June 21, 2019). "Rhode Island governor signs abortion protection bill | CNN Politics". CNN.
  13. ↑ State of Rhode Island. "CONSTITUTION OF THE STATE OF RHODE ISLAND" . Retrieved 2023-03-27.
  14. ↑ "Archived copy" (PDF). Archived from the original (PDF) on 2019-10-13. Retrieved 2019-10-13.{{cite web}}: CS1 maint: archived copy as title (link)
  15. ↑ "ACLU Statement on RI Supreme Court Ruling in Reproductive Privacy Act Lawsuit". ACLU of Rhode Island. May 4, 2022.
  16. ↑ Alesha Doan (2007). Opposition and Intimidation: The Abortion Wars and Strategies of Political Harassment. University of Michigan Press. p. 57. ISBN   9780472069750.
  17. ↑ Casey, 505 U.S. at 877.
  18. 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.
  19. ↑ 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 2019-05-23.{{cite web}}: CS1 maint: multiple names: authors list (link)
  20. ↑ "This is what could happen if Roe v. Wade fell". Business Insider (in Spanish). 2018-08-04. Archived from the original on 2019-05-24. Retrieved 2019-05-24.
  21. ↑ "Here's Where Women Have Less Access to Planned Parenthood" . Retrieved 2019-05-23.
  22. ↑ Cates, Willard; Rochat, Roger (March 1976). "Illegal Abortions in the United States: 1972–1974". Family Planning Perspectives. 8 (2): 86–92. doi:10.2307/2133995. JSTOR   2133995. PMID   1269687.
  23. ↑ "Guttmacher Data Center". data.guttmacher.org. Retrieved 2019-05-24.
  24. ↑ "Views about abortion by state - Religion in America: U.S. Religious Data, Demographics and Statistics | Pew Research Center" . Retrieved 2019-05-23.
  25. ↑ "States pushing abortion bans have highest infant mortality rates". NBC News. Retrieved May 25, 2019.
  26. ↑ Henshaw, Stanley K. (2005-06-15). "Abortion Incidence and Services in the United States, 1995-1996". Perspectives on Sexual and Reproductive Health. 30: 263–270. Retrieved 2019-06-02.
  27. ↑ Jones, Rachel K.; Jerman, Jenna (2014-02-14). "Abortion Incidence and Service Availability In the United States, 2011". Perspectives on Sexual and Reproductive Health. 46 (1): 3–14. doi:10.1363/46e0414. PMC   5487028 . PMID   24494995 . Retrieved 2020-02-06.
  28. ↑ Jones, Rachel K.; Witwer, Elizabeth; Jerman, Jenna (2019-09-01). "Abortion Incidence and Service Availability in the United States, 2017". Guttmacher Institute. doi:10.1363/2019.30760. PMC   5487028 . S2CID   203813573 . Retrieved 2020-02-06.
  29. ↑ 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.
  30. ↑ 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.
  31. ↑ 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.
  32. ↑ Bacon, John. "Abortion rights supporters' voices thunder at #StopTheBans rallies across the nation". USA Today. Retrieved May 25, 2019.
  33. ↑ "Abortion Rights Activists Rally In All 50 States In Wake Of Restrictive Laws". HuffPost. 2019-05-21. Retrieved 2022-07-29.
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