Abortion in Vermont

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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. [1] The state funds abortions deemed medically necessary for low-income women via Medicaid. [2]

Contents

In November 2022, voters overwhelmingly passed Proposal 5, the Reproductive Liberty Amendment, becoming one of the first three states, along with California and Michigan, to amend their constitutions to explicitly include protections for abortion rights. [3] [4] [5]

History

Legislative history

By the end of the 1800s, all states in the Union except Louisiana had medical exceptions in their legislative bans on abortions. [6] In the 19th century, bans on abortion by state legislatures were largely 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. [6]

As of 2013, California, Oregon, Montana, Vermont, and New Hampshire allow qualified non-physician health professionals, such as physicians' assistants, nurse practitioners, and certified nurse midwives, to do first-trimester aspiration abortions and to prescribe drugs for medical abortions. [7]

In February 2019, Vermont House Human Services and Judiciary committees held public hearings about abortion in relation to H.57, a bill to establish reproductive rights in state law. Proposal 5, the Reproductive Liberty Amendment, an amendment to the state constitution to codify abortion rights, was passed by the state senate. [8] [9] Receiving endorsements from Republican Governor Phil Scott, Planned Parenthood, and ACLU Vermont, the amendment went before voters in November 2022 and overwhelmingly passed, with about 77% voting in favor. [3] [4] [10]

Amendment text

Personal reproductive liberty
That an individual’s right to personal reproductive autonomy is central to the liberty and dignity to determine one’s own life course and shall not be denied or infringed unless justified by a compelling State interest achieved by the least restrictive means.

— Chapter 1, Article 22 of the Vermont Constitution.

Judicial history

In 1972, the Vermont Supreme Court issued a ruling that effectively ended abortion restrictions in the state. [6] The US Supreme Court's decision in 1973's Roe v. Wade meant the state could no longer regulate abortion in the first trimester. [6] The Supreme Court overturned Roe v. Wade in Dobbs v. Jackson Women's Health Organization in 2022, returning the matter to the states. [11] [12]

Clinic history

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

Between 1982 and 1992, the number of abortion clinics in the state declined by three, going from nineteen in 1982 to sixteen in 1992. [13] In 2014, there were six abortion clinics in the state. [14] 64% of the counties in the state did not have an abortion clinic. That year, 38% of women in the state aged 15–44 lived in a county without an abortion clinic. [15] In 2017, there were twelve Planned Parenthood clinics, of which six offered abortion services, in a state with a population of 136,459 women aged 15–49. [16]

Statistics

In the period between 1972 and 1974, there were zero recorded illegal abortion deaths in the state. [17] In 1990, 67,000 women in the state faced the risk of an unintended pregnancy. [13] In 2013, among white women aged 15–19, there were 190 abortions, 0 abortions for black women aged 15–19, 10 abortions for Hispanic women aged 15–19, and 10 abortions for women of all other races. [18] In 2014, 70% of adults said in a poll by the Pew Research Center that abortion should be legal in all or most cases. [1] In 2017, the state had an infant mortality rate of 5.9 deaths per 1,000 live births. [19]

Number of reported abortions, abortion rate and percentage change in rate by geographic region and state in 1992, 1995 and 1996 [20]
Census division and stateNumberRate % change 1992–1996
Year199219951996199219951996
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, rate, and ratio of reported abortions for Vermont, by reporting area of residence and occurrence, with percentage of abortions obtained by out-of-state residents, US CDC estimates
By Reported ResidenceOccurrence % obtained by

out-of-state residents

YearRef
NumberRate^Ratio^^NumberRate^Ratio^^
1,16110.01891,23510.62016.82014 [21]
1,1219.71901,26510.921412.42015 [22]
1,1319.91961,29811.322614.12016 [23]
^number of abortions per 1,000 women aged 15–44; ^^number of abortions per 1,000 live births

Abortion financing

17 states including Vermont 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. [2] In 2010, the state had 699 publicly funded abortions, of which all were state funded and none were federally funded. [24]

Abortion rights views and activities

Protests

Montpelier, Vermont - Women's March. Montpelier, Vermont - Women's march! (source Putneypics).jpg
Montpelier, Vermont - Women's March.

Throughout the 2000s, women from the state participated in marches supporting abortion rights. One march was a part of a #StoptheBans movement in May 2019. [25] [26]

Anti-abortion views and activities

Violence

In May 1977, a clinic in Burlington, Vermont was destroyed by a fire, resulting in its closure for seven months. [27]

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 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. 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 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 Kansas is legal. Kansas law allows for an abortion up to 20 weeks postfertilization. After that point, only in cases of life or severely compromised physical health may an abortion be performed, with this limit set on the belief that a fetus can feel pain after that point in the pregnancy. The state also had detailed abortion-specific informed consent requirement by 2007. Targeted Regulation of Abortion Providers (TRAP) law applied to medication-induced abortions and private doctor offices in addition to abortion clinics were in place by 2013. In 2015, Kansas became the first state to ban the dilation and evacuation procedure, a common second-trimester abortion procedure. State laws about abortion have been challenged at the Kansas Supreme Court and US Supreme Court level. On August 2, 2022, Kansas voters rejected a constitutional amendment that would have allowed the Republican-controlled legislature to restrict or ban abortion in Kansas, following the overturning of Roe v. Wade.

Abortion in Maine is legal at all stages of pregnancy, although terminations after the 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. 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, making Minnesota the first state in the nation in the post-Roe era to ensure residents have a legal right to an abortion.

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 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 New York is legal at all stages of pregnancy, 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 (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 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 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 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 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 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. 1 2 "Views about abortion by state - Religion in America: U.S. Religious Data, Demographics and Statistics | Pew Research Center" . Retrieved May 23, 2019.
  2. 1 2 Francis Roberta W. "Frequently Asked Questions". Equal Rights Amendment. Alice Paul Institute. Archived from the original on April 17, 2009. Retrieved September 13, 2009.
  3. 1 2 Lefrak, Mikaela (November 9, 2022). "Vermont votes to protect abortion rights in state constitution". NPR. Retrieved November 10, 2022.
  4. 1 2 Seddiq, Hannah Getahun, Isabella Zavarise, Oma. "RESULTS: Vermont overwhelmingly votes to protect reproductive autonomy, including abortion". Business Insider. Retrieved November 10, 2022.{{cite web}}: CS1 maint: multiple names: authors list (link)
  5. ↑ Duffort, Lola (November 8, 2022). "Vermont becomes the 1st state to enshrine abortion rights in its constitution". VTDigger. Retrieved November 10, 2022.
  6. 1 2 3 4 Buell, Samuel (January 1, 1991). "Criminal Abortion Revisited". New York University Law Review. 66 (6): 1774–1831. PMID   11652642.
  7. ↑ "Study: Abortions Are Safe When Performed By Nurse Practitioners, Physician Assistants, Certified Nurse Midwives" . Retrieved January 25, 2017.
  8. ↑ "Are there *any* states working to protect abortion rights?". Well+Good. May 17, 2019. Retrieved May 25, 2019.
  9. ↑ "Vermont governor gives notice of abortion amendment vote". AP News. Retrieved October 31, 2022.
  10. ↑ "Vermont Conversation: The abortion election and male allies". VTDigger. November 9, 2022. Retrieved November 10, 2022.
  11. ↑ de Vogue, Arinne (June 24, 2022). "Supreme Court overturns Roe v. Wade". CNN . Archived from the original on June 24, 2022. Retrieved June 24, 2022.
  12. ↑ 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.
  13. 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.
  14. ↑ 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)
  15. ↑ 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.
  16. ↑ "Here's Where Women Have Less Access to Planned Parenthood" . Retrieved May 23, 2019.
  17. ↑ 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.
  18. ↑ "No. of abortions among women aged 15–19, by state of residence, 2013 by racial group". Guttmacher Data Center. Retrieved May 24, 2019.
  19. ↑ "Stats of the state of Vermont". Centers for Disease Control and Prevention. May 24, 2019. Retrieved October 31, 2022.
  20. ↑ 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.
  21. ↑ 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.
  22. ↑ 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.
  23. ↑ 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.
  24. ↑ "Guttmacher Data Center". data.guttmacher.org. Retrieved May 24, 2019.
  25. ↑ Bacon, John. "Abortion rights supporters' voices thunder at #StopTheBans rallies across the nation". USA TODAY. Retrieved May 25, 2019.
  26. ↑ "State House Rally for Reproductive Rights Planned for Tuesday | Vermont Business Magazine". vermontbiz.com. Retrieved July 26, 2022.
  27. ↑ Battaile, Janet. "Surge of Vandalism Hits Abortion Clinics". New York Times. Retrieved January 11, 2024.
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