Timeline of reproductive rights legislation

Last updated

This is a timeline of reproductive rights legislation, a chronological list of laws and legal decisions affecting human reproductive rights. Reproductive rights are a sub-set of human rights [1] pertaining to issues of reproduction and reproductive health. [2] These rights may include some or all of the following: the right to legal or safe abortion, the right to birth control, the right to access quality reproductive healthcare, and the right to education and access in order to make reproductive choices free from coercion, discrimination, and violence. [3] Reproductive rights may also include the right to receive education about contraception and sexually transmitted infections, and freedom from coerced sterilization, abortion, and contraception, and protection from practices such as female genital mutilation (FGM). [1] [2] [3]

Contents

17th century–19th century

20th century

1910s

1920s

1930s

1940s

1950s

1960s

1970s

1980s

1990s

21st century

2000s

2010s

2010

  • 2010 – Nebraska became the first state to use the disputed notion of fetal pain as a rationale to ban abortion after 20 weeks. [134]
  • 2010 – In Chile, the Morning After Pill Law came into force, setting rules on information, advice and services relating to fertility regulation, and allowing the free distribution of oral contraceptives in public clinics. [135]

2011

  • 2011 – A New Hampshire parental notification law regarding abortion was passed again in 2011 after the Republican-controlled House and Senate overrode Democratic Governor John Lynch's veto. [136]
  • 2011 – The U.S. Department of Health and Human Services established the policy, effective 2012, that all private insurance plans are required to provide contraceptive coverage to women without a co-pay or deductible. [137] [138]

2012

2013

  • 2013 – A Wisconsin law, Act 37, was passed requiring abortion providers to have admitting privileges at a nearby hospital. [63] [152]
  • 2013 – Ohio passed a Targeted Regulation of Abortion Providers (TRAP) bill containing provisions related to admitting privileges and licensing and requiring clinics to have a transfer agreement with a hospital. [153]
  • 2013 – A law was signed in Ohio by Governor John Kasich, which mandates, among other things, that doctors who do not test for a fetal heartbeat when a patient seeks an abortion, tell the patient in writing if there is a heartbeat, and then tell them the statistical likelihood that the fetus could be carried to term, are subject to criminal penalties; specifically, "The doctor's failure to do so would be a first-degree misdemeanor, carrying up to six months in jail, for the first violation and a fourth-degree felony, carrying up to 18 months in jail, for subsequent violations." [154]
  • 2013 – United States, Kansas lawmakers approved sweeping anti-abortion legislation (HB 2253) on April 6, 2013, that says life begins at fertilization, forbids abortion based on gender and bans Planned Parenthood from providing sex education in schools. [155]
  • 2013 – A bill banning abortion after twelve weeks was passed on January 31, 2013, by the Arkansas Senate, [156] [157] but vetoed in Arkansas by Governor Mike Beebe. On March 6, 2013, his veto was overridden by the Arkansas House of Representatives. [157] [158] A federal judge issued a temporary injunction against the Arkansas law in May 2013, [159] and in March 2014, it was struck down by federal judge Susan Webber Wright, who described the law as unconstitutional. [160]

2014

  • 2014 – Louisiana passed a law that appeared to require it to maintain a database of women who had abortions in the state and the type of abortion the woman had. [161]
  • 2014 – Act 620 passed in Louisiana. Modeled after a law passed earlier in Texas, it required that any doctor performing abortions also have admittance privileges at an authorized hospital within a 30-mile radius of the abortion clinic, among other new requirements. At the time the law was passed, only one doctor had these privileges, effectively leaving only one legal abortion clinic in the state. [162]
  • 2014 – Burwell v. Hobby Lobby , 573 U.S. ___(2014), was a landmark decision [163] [164] by the United States Supreme Court allowing closely held for-profit corporations to be exempt from laws its owners religiously object to if there is a less restrictive means of furthering the law's interest. It is the first time that the court has recognized a for-profit corporation's claim of religious belief, [165] but it is limited to closely held corporations. [lower-alpha 1] The decision is an interpretation of the Religious Freedom Restoration Act (RFRA) and does not address whether such corporations are protected by the free-exercise of religion clause of the First Amendment of the Constitution. For such companies, the Court's majority directly struck down the contraceptive mandate, a regulation adopted by the US Department of Health and Human Services (HHS) under the Affordable Care Act (ACA) requiring employers to cover certain contraceptives for their female employees, by a 5–4 vote. [166] The court said that the mandate was not the least restrictive way to ensure access to contraceptive care, noting that a less restrictive alternative was being provided for religious non-profits, until the Court issued an injunction three days later, effectively ending said alternative, replacing it with a government-sponsored alternative for any female employees of closely held corporations that do not wish to provide birth control. [167]
  • 2014 – McCullen v. Coakley , 573 U.S. ___(2014), was a United States Supreme Court case. The Court unanimously held that Massachusetts' 35-feet fixed abortion buffer zones, established via amendments to that state's Reproductive Health Care Facilities Act, violated the First Amendment to the U.S. Constitution because it limited free speech too broadly.
  • 2014 – A bill banning abortion after twelve weeks that was passed by the Arkansas Senate in 2013 was struck down by federal judge Susan Webber Wright, who described the law as unconstitutional. [160]
  • 2014 – The Protection of Life During Pregnancy Act 2013 (Irish : An tAcht um Chosaint na Beatha le linn Toirchis 2013 was signed into law on 30 July by Michael D. Higgins, the President of Ireland; it commenced on 1 January 2014. [168] [169] [170] The Protection of Life During Pregnancy Act 2013 [171] Act No.35 of 2013; [171] previously Bill No.66 of 2013 [172] ) is an Act of the Oireachtas which defined the circumstances and processes within which abortion in Ireland could be legally performed. The Act gave effect in statutory law to the terms of the Constitution of Ireland as interpreted by the Supreme Court in the 1992 judgment Attorney General v. X (the "X case"). That judgment (see above events in 1992) allowed for abortion where pregnancy endangers a woman's life, including through a risk of suicide.

2015

  • 2015 – In 2015, the 7th U.S. Circuit Court of Appeals upheld a decision to strike down the admitting privileges requirement of Wisconsin's Act 37, passed in 2013. [173]
  • 2015 – Until 2015, the law in France imposed a seven-day "cool-off" period between the patient's first request for an abortion and a written statement confirming her decision (the delay could be reduced to two days if the patient was getting close to 12 weeks). That mandatory waiting period was abolished on 9 April 2015. [174]
  • 2015 – Tennessee established a required 48-hour waiting period before obtaining an abortion. [175]
  • 2015 – Kansas became the first state in the United States to ban the dilation and evacuation procedure. [176] The law was later struck down by the Kansas Court of Appeals in January 2016 without ever having gone into effect. [177]
  • 2015 – Arizona Governor Jan Brewer signed into law in April 2012 abortion restrictions that prohibited the procedure after 20 weeks. [146] [147] The U.S. Ninth Circuit Court of Appeals overturned this law in January 2015. [146] [147] [148]
  • 2015 – California's FACT Act, which mandated that crisis pregnancy centers provide certain disclosures about state services, was passed. The law required that licensed centers post visible notices that other options for pregnancy, including abortion, are available from state-sponsored clinics. It also mandated that unlicensed centers post notice of their unlicensed status. The centers, typically run by Christian non-profit groups, challenged the act on the basis that it violated their free speech. After prior reviews in lower courts, the case was brought to the Supreme Court, asking "Whether the disclosures required by the California Reproductive FACT Act violate the protections set forth in the free speech clause of the First Amendment, applicable to the states through the 14th Amendment." [178] The Court ruled on June 26, 2018, in a 5–4 decision that the notices required by the FACT Act violate the First Amendment by targeting speakers rather than speech. [179]

2016

  • 2016 – The FACT Act of New York state made patients aware of state-sponsored services that are available at crisis pregnancy centers, rather than what crisis pregnancy centers did or did not offer. [180] The law went into effect January 1, 2016. [181]
  • 2016 – South Carolina Governor Nikki Haley signed legislation that brought into effect a 20-week abortion ban. [182]
  • 2016 – Whole Woman's Health v. Hellerstedt , 579 U.S. ___(2016), was a United States Supreme Court case decided on June 27, 2016, when the Court ruled 5–3 that Texas cannot place restrictions on the delivery of abortion services that create an undue burden for women seeking an abortion. It has been called the most significant abortion rights case before the Supreme Court since Planned Parenthood v. Casey in 1992. [183]
  • 2016 – The Obama administration issued guidance informing states that ending Medicaid funding for Planned Parenthood or other healthcare providers that performed abortions might be against federal law. The administration contended that Medicaid law permitted states to ban providers from the program only if the providers could not perform covered services or bill for those services. The Trump administration repealed this guidance in 2018. [184]
  • 2016 – Zubik v. Burwell was a case before the United States Supreme Court on whether religious institutions other than churches should be exempt from the contraceptive mandate, a regulation adopted by the US Department of Health and Human Services (HHS) under the Affordable Care Act (ACA) that requires non-church employers to cover certain contraceptives for their female employees. Churches are already exempt under those regulations. [185] On May 16, 2016, the U.S. Supreme Court issued a per curiam ruling in Zubik v. Burwell that vacated the decisions of the Circuit Courts of Appeals and remanded the case "to the respective United States Courts of Appeals for the Third, Fifth, Tenth, and D.C. Circuits" for reconsideration in light of the "positions asserted by the parties in their supplemental briefs". [186] Because the Petitioners agreed that "their religious exercise is not infringed where they 'need to do nothing more than contract for a plan that does not include coverage for some or all forms of contraception'", the Court held that the parties should be given an opportunity to clarify and refine how this approach would work in practice and to "resolve any outstanding issues". [187] The Supreme Court expressed "no view on the merits of the cases." [188] In a concurring opinion, Justice Sotomayor, joined by Justice Ginsburg, noted that in earlier cases "some lower courts have ignored those instructions" and cautioned lower courts not to read any signals in the Supreme Court's actions in this case. [189]
  • 2016 – In June, the Women's Rights Foundation in Malta filed a judicial protest requesting access to emergency contraception. [190] [191] In early October, a joint parliamentary committee recommended that oral contraceptives should be sold with a prescription, but that the decision was up to the Malta Medicines Authority. [192] On 17 October, the Malta Medicines Authority approved the sale of emergency contraception without a prescription in all pharmacies in Malta and Gozo, basing its decision to make it available without a prescription on ensuring efficacy of treatment. In December 2016 emergency contraception was available for sale in pharmacies across the Maltese islands. [193] [194]
  • 2016 – An Alabama law is passed banning dilation & evacuation (D&E). [195] In August 2018, the Eleventh Circuit ruled the D&E legislation to be unconstitutional, blocking it from being enforced. [196]

2017

  • 2017 – A law passed by the Wyoming state legislature went into effect that prohibited the sale of fetal tissue. [145]
  • 2017 – A law went into effect in Wyoming that required abortion service providers to give women seeking abortions an ultrasound, but it had no enforcement component. [145]
  • 2017 – The "Mexico City Policy", which blocks U.S. federal funding for non-governmental organizations that provide abortion counseling or referrals, was reinstated by President Donald Trump. [197] Trump expanded the policy, making it cover all global health organizations that receive U.S. government funding, rather than only family planning organizations that do, as was previously the case. [198]
  • 2017 – In Poland, a law is passed restricting emergency contraception by changing it from an over-the-counter drug to a prescription drug, requiring a visit to a doctor. [199]
  • 2017 – The Trump administration of the United States issued a ruling allowing insurers and employers to refuse to provide birth control if doing so went against their "religious beliefs" or "moral convictions". [200]
  • 2017 – U.S. Federal judge Wendy Beetlestone issued an injunction temporarily stopping the enforcement of the Trump administration rule allowing insurers and employers to refuse to provide birth control if doing so went against their "religious beliefs" or "moral convictions". [200] [201]
  • 2017 – The state legislature updated Delaware's legal code around abortion. It was changed to read, "the termination of a pregnancy prior to viability, to protect the life or health of the mother, or in the event of serious fetal anomaly." [97] [202]
  • 2017 – The 100th Illinois General Assembly repealed the trigger law component of the Illinois Abortion Law of 1975, but left many of its other provisions intact. In the same act, the General Assembly provided for abortion to be covered under Medicaid and state employee health insurance. The bill was signed into law by pro-choice Republican governor Bruce Rauner. [203]
  • 2017 – The Reproductive Health Equity Act was passed, which required health insurance in Oregon to offer abortion coverage and to absorb most of the costs for the procedure, instead of passing them along to women. [204] [205] [206]

2018

  • 2018 – The Arizona state legislature passed a law that required the Arizona Health Department to apply for Title X funds as part of their attempts to defund Planned Parenthood. [207]
  • 2018 – An Alabama law is passed banning dilation & evacuation (D&E). [195] In August 2018, the Eleventh Circuit ruled the D&E legislation to be unconstitutional, blocking it from being enforced. [196]
  • 2018 – The Trump administration repealed guidance issued in 2016 by the Obama administration, which had informed states that ending Medicaid funding for Planned Parenthood or other healthcare providers that performed abortions might be against federal law. The Obama administration had contended that Medicaid law permitted states to ban providers from the program only if the providers could not perform covered services or bill for those services. [184]
  • 2018 – The Eighth Amendment of the Constitution of Ireland, which recognized "the unborn" as having a right to life equal to that of "the mother", [82] was repealed by referendum. [83]
  • 2018 – National Institute of Family and Life Advocates v. Becerra was a case before the Supreme Court of the United States addressing the constitutionality of California's FACT Act, which mandated that crisis pregnancy centers provide certain disclosures about state services. The law required that licensed centers post visible notices that other options for pregnancy, including abortion, are available from state-sponsored clinics. It also mandated that unlicensed centers post notice of their unlicensed status. The centers, typically run by Christian non-profit groups, challenged the act on the basis that it violated their free speech. After prior reviews in lower courts, the case was brought to the Supreme Court, asking "Whether the disclosures required by the California Reproductive FACT Act violate the protections set forth in the free speech clause of the First Amendment, applicable to the states through the 14th Amendment." [178] The Court ruled on June 26, 2018, in a 5–4 decision that the notices required by the FACT Act violate the First Amendment by targeting speakers rather than speech. [179]
  • 2018 – On May 4, governor Kim Reynolds signed into law a bill that would ban abortion in Iowa after a fetal heartbeat is detected, starting July 1, 2018. [208] [209]

2019

  • 2019 – On January 1, a law came into force in Arizona that required women to provide detailed medical information that was to be submitted to the state before they were allowed to have an abortion. Among the information the law required abortion providers to collect was whether the abortion was elective or therapeutic, the number of abortions they have had in the past and information on any medical complications they have as a result of the abortion. This information is then collected by the Department of Health Services, which provides the state with an annual report on abortions, along with information on how abortions are paid for. [146]
  • 2019 – The Health (Regulation of Termination of Pregnancy) Act 2018 (Act No. 31 of 2018; previously Bill No. 105 of 2018) came into effect; it is an Act of the Oireachtas which defines the circumstances and processes within which abortion may be legally performed in Ireland. It permits terminations to be carried out up to 12 weeks of pregnancy; or where there is a risk to the life, or of serious harm to the health, of the pregnant woman; or where there is a risk to the life, or of serious harm to the health, of the pregnant woman in an emergency; or where there is a condition present which is likely to lead to the death of the fetus either before or within 28 days of birth.
  • 2018 – On May 4, governor Kim Reynolds signed into law a bill that would ban abortion in Iowa after a fetal heartbeat is detected, starting July 1, 2018. [208] On January 22, 2019, a county district judge declared the law to be in violation of Iowa's State Constitution and entered a permanent injunction prohibiting its enforcement. [209]
  • 2019 – The government of South Korea criminalized abortion in the 1953 Criminal Code in all circumstances. This law was later amended, but not repealed. However, the Constitutional Court on 11 April 2019 ruled the abortion law unconstitutional and ordered the law's revision by the end of 2020. [210]
  • 2019 – New York state passed the Reproductive Health Act (RHA), which repealed a pre-Roe v. Wade provision that banned third-trimester abortions except in cases where the continuation of the pregnancy endangered a pregnant woman's life. [211] [212] [213] The law said: "The legislature finds that comprehensive reproductive health care, including contraception and abortion, is a fundamental component of a woman's health, privacy, and equality." [213] The bill also allowed qualified health practitioners to perform abortions, not just licensed medical doctors. [213] [214] [215]
  • 2019 – Box v. Planned Parenthood of Indiana and Kentucky, Inc. (Docket 18-483) was a United States Supreme Court case dealing with the constitutionality of a 2016 anti-abortion law passed in the state of Indiana. Indiana's law sought to ban abortions performed solely on the basis of the fetus' gender, race, ethnicity, or disabilities. Lower courts had blocked enforcement of the law for violating a woman's right to abortion under privacy concerns within the Fourteenth Amendment, as previously found in the landmark cases Roe v. Wade and Planned Parenthood v. Casey. The lower courts also blocked enforcement of another portion of the law that required the disposal of aborted fetuses through burial or cremation. The per curiam decision by the Supreme Court overturned the injunction on the fetal disposal portion of the law, but otherwise did not challenge or confirm the lower courts' ruling on the non-discrimination clauses, leaving these in place.
  • 2019 – In the United States in June, the Trump administration was allowed by a federal court of appeals to implement, while legal appeals continue, a policy restricting taxpayer dollars given to family planning facilities through Title X. This policy requires that companies receiving Title X funding must not mention abortion to patients, provide abortion referrals, or share space with abortion providers. [216] [217]
  • 2019 – A federal judge in the United States declared unconstitutional the Trump administration's "conscience rule" that would have allowed providers of health care to refuse to participate in sterilizations, abortions, or other types of care they disagreed with on moral or religious grounds. [218]
  • 2019 – The newly elected government in Argentina issued a protocol expanding access to abortion to include cases of rape. [219]
  • 2019 – The California State Senate passed Senate Bill 24, the College Student Right to Access Act. The Act requires public state universities to offer mifepristone, the abortion pill, to female students at zero cost by January 1, 2023; funding for the program will be paid for through insurance and private grants with $200,000 to each University of California and California State University health clinic for training and equipment. University clinics also have to set aside an additional $200,000 each to set up a student hotline to provide information to women seeking advice and assistance. [220] The bill was approved by both the California State Assembly and California State Senate as amended on September 13, 2019, was enacted by Governor Gavin Newsom on October 11, 2019, and went into effect on January 1, 2020. [221]
  • 2019 – Illinois passed bills, known as the Illinois Reproductive Health Act, that provided statutory protections for abortions, and rescinded previous legislation that banned some late-term abortions and a 45-year-old law that had made performing such abortions a criminal offense. [222] [223] [224] The Illinois Reproductive Health Act says that women have the "fundamental right" to access abortion services, and that a "fertilized egg, embryo, or fetus does not have independent rights". [225]
  • 2019 – The Indiana Legislature passed a ban on the most common type of second-trimester abortion procedure in the state in April. [226]
  • 2019 – In April, the Kansas Supreme Court ruled that the right to abortion is inherent within the state's constitution and bill of rights, such that even if Roe v. Wade was overturned and the federal protection of abortion rights was withdrawn, the right would still be allowed within Kansas, barring a change in the state constitution. [227]
  • 2019 – Prior to 2019, Kentucky law prohibited abortions after week 22. This changed when the state legislature passed a law that moved the prohibition to week 6 in the early part of the year. [228]
  • 2019 – An early pregnancy abortion bill was signed into law by Mississippi Governor Phil Bryant. [229]
  • 2019 – The Trust Nevada Women Act, SB 179, was signed into law by Democratic Governor Steve Sisolak. The new law made several changes to existing abortion laws in the state of Nevada, including decriminalizing the performing of abortion procedures, and removing informed consent laws that said doctors needed to tell women of the "emotional implications" of 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. [230] [231]
  • 2019 – U.S. District Judge William Osteen formally struck down North Carolina's 'life of the mother only' 20-week abortion ban in 2019. His judgement pushed the date of which abortions could be performed to the date of viability, which is later for many women. [232] [233]
  • 2019 – 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 in Rhode Island, repealed bans on partial-birth abortions in Rhode Island, forbade medical professionals from being charged with felony assault for performing abortions in Rhode Island, and repealed requirements for abortion providers to notify a husband before giving his wife an abortion in Rhode Island. [234]
  • 2019 – Ohio Governor Mike DeWine signed the Human Rights and Heartbeat Protection Act, which bans abortion in the state after a fetal heartbeat is detectable. On June 24, 2022, after the Supreme Court of the United States overturned Roe v. Wade, judge Michael R. Barrett lifted a preliminary injunction that had blocked state officials from enforcing the law against certain abortion providers, allowing the Human Rights and Heartbeat Protection Act to take full effect. [235] [236]
  • 2019 – The Utah legislature passed a bill limiting abortions after 18 weeks of pregnancy. [237]

2020s

2020

  • 2020 – Democratic Virginia Governor Ralph Northam signed bills removing regulations that had required abortion seekers to have an ultrasound at least 24 hours before receiving an abortion and to get counseling on alternatives to abortion, removing the requirement that facilities providing more than five abortions each year be designated as hospitals, and allowing nurse practitioners to perform first trimester abortions. [238]
  • 2020 – In March 2020, Oklahoma Governor Kevin Stitt signed an executive order to limit elective medical procedures, later confirming that all types of abortion services were included, except for those necessary in a medical emergency or to "prevent serious health risks" to the pregnant woman. However, on April 6, federal judge Charles Barnes Goodwin blocked the executive order, ruling that the state acted in an arbitrary, unreasonable, and oppressive way, which posed an undue burden on abortion access in Oklahoma. [239]
  • 2020 – On March 24, 2020, Governor Brad Little of Idaho signed into law S1385, which is a trigger law stating that if and when states are again allowed to ban abortion on their own authority then abortion would be illegal in Idaho except for cases of the life of the mother, rape or incest. [240] [241] [242]
  • 2020 – After the passage of the ROE Act in 2020, which codified abortion rights in the state of Massachusetts, abortions can be performed after 24 weeks in cases of fetal anomalies and risks to a patient's mental or physical health. The ROE Act also lowered the age patients can have abortions without parental consent from 18 to 16. [243]
  • 2020 – June Medical Services, LLC v. Russo (formerly June Medical Services, LLC v. Gee) (591 U.S. ___ (2020)) was a U.S. Supreme Court case which ruled that a Louisiana state law placing hospital-admission requirements on abortion clinics doctors, which had mirrored a Texas state law previously found unconstitutional under Whole Woman's Health v. Hellerstedt (579 U.S. ___ (2016)) (WWH), was also unconstitutional.
  • 2020 – A law was enacted in Mississippi banning abortions based on the sex, race, or genetic abnormality of the fetus. [244]
  • 2020 – The Patient Protection and Affordable Care Act of the United States tried to require employers to offer health-insurance plans that paid for contraceptives. The law specifically exempted churches, but not faith-based ministries. Due to that, religious non-profits like Little Sisters of the Poor were fined if they did not comply. [245] On October 6, 2017, Health & Human Services issued a new rule with an updated religious exemption that protected religious non-profits. [246] But federal judge Wendy Beetlestone issued an injunction temporarily stopping the enforcement of that exemption. [200] [201] As well, following the new rule announcement, the state of Pennsylvania sued the federal government to take away the exemption. [247] Pennsylvania asked a judge to order that the Little Sisters of the Poor must comply with the federal mandate or pay tens of millions of dollars in fines. [248] The state alleged that the religious organization violated the Constitution, federal anti-discrimination law, and the Administrative Procedure Act (APA). [249] On July 8, 2020, in Little Sisters of the Poor v. Pennsylvania, the U.S. Supreme Court ruled against that and in favor of Little Sisters of the Poor. [249] [250]
  • 2020 – Poland's constitutional court ruled that abortion due to fetal defects was unconstitutional. [251]
  • 2020 – Louisiana voters passed a measure to amend the state constitution to omit any language implying that a woman has a right to get an abortion or that any abortion that does occur should be funded. [252]
  • 2020 – Tennessee banned abortions because of a prenatal diagnosis of Down syndrome or because of the gender or race of the fetus. [253]
  • 2020 – In Argentina, abortion was legalized up to fourteen weeks of pregnancy on 30 December 2020. [254] [255]
  • 2020 – A bill was signed into law in Ohio requiring all aborted fetal tissue to be cremated or buried. [256]

2021

  • 2021 – In January 2021, New Jersey 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. [257]
  • 2021 – A law went into effect in Indiana mandating an ultrasound 18 hours or more before an abortion is performed. [258]
  • 2021 – The Supreme Court of the United States reinstated federal rules mandating anyone having a medication abortion to acquire the pills for it from a medical provider in person. [259]
  • 2021 – President Biden rescinded the Mexico City policy. [260]
  • 2021 – Honduras added its abortion ban to its constitution, and set the number of votes required in order to change it at three-quarters of Congress. [87]
  • 2021 – In 2021 the city of Lebanon, Ohio, passed an ordinance whereby abortion at all stages of pregnancy was outlawed. [261]
  • 2021 – Mason, Ohio [262] banned abortion at all stages in 2021, but its ordinance doing so was repealed later that year. [263]
  • 2021 – In February 2021, South Carolina passed a law which would outlaw almost all abortions in that state after a fetal heartbeat is detected; however, that law was blocked by a judge in March 2021. [264]
  • 2021 – In fall 2021, the Illinois General Assembly passed a bill to repeal the Parental Notice of Abortion Act. [265] Governor Pritzker signed it into law on December 17, 2021. [266]
  • 2021 – South Dakota Governor Kristi Noem signed an executive order requiring in-person medical visits—not merely telehealth appointments—for the prescription of medication abortions. [267]

2022

  • 2022 – On 1 January 2022, a bill passed that required patients receiving abortion care at a health center in New Hampshire to have an ultrasound. [268]
  • 2022 – In February 2022, Colombia's highest court decriminalizes abortion in the first 24 weeks of the pregnancy. [269]
  • 2022 – In April 2022, Colorado passed the Reproductive Health Equity Act, which guarantees access to reproductive care and affirms the rights of pregnant women to continue or terminate a pregnancy. The act prohibits public entities from restricting or denying those rights. [270] [271]
  • 2022 – On April 14, 2022, House Bill 3 was passed in Kentucky; [272] it banned all abortions in the state after 15 weeks post-conception and introduced a number of regulations and restrictions, including a prohibition on mailing abortion pills, new systems to certify, monitor and publicly name physicians who conduct abortion procedures, "dignified care for the terminated remains of pregnancy loss," and mandatory disclosure of patient information. [273] As the infrastructure was not in place for these new requirements, the two abortion clinics operating in Kentucky had to shut down, making abortion de facto illegal in the state. In response, abortion-rights activists sued the state to challenge the law, with Planned Parenthood and the ACLU stating that the law unconstitutionally bans abortion by introducing requirements that can't be followed or are too arduous to comply with and that it violates patient privacy protections; this led to the law being blocked in federal court later in 2022. [274] [275]
  • 2022 – On June 17, 2022, the Iowa Supreme Court ruled that the state constitution does not protect the right to an abortion. [276] Justice Edward Mansfield wrote in the majority that "All we hold today is that the Iowa Constitution is not the source of a fundamental right to an abortion necessitating a strict scrutiny standard of review for regulations affecting that right". [276] The court's decision is a reversal of its 2018 ruling, where it found that the constitution protects the right to an abortion. [276]
  • 2022 – Dobbs v. Jackson Women's Health Organization , No. 19-1392 , 597 U.S. ___(2022), is a decision of the United States Supreme Court, in which the Court held that the Constitution of the United States does not confer any right to abortion, thus overruling both Roe v. Wade (1973) and Planned Parenthood v. Casey (1992). [277] [278]
  • 2022 – The 2019 trigger law in Kentucky took effect after the ruling for Dobbs v. Jackson Women's Health Organization was delivered, which overturned Roe v. Wade. It made all abortions illegal in Kentucky except when medically mandatory to prevent the patient from dying or getting a "life-sustaining organ" permanently impaired. Both clinics in the state temporarily stopped providing abortions. [279] [280]
  • 2022 – Jefferson County Circuit Judge Mitch Perry issued a temporary restraining order blocking enforcement of Kentucky's abortion-banning trigger law pending further hearings to determine if the ban violates the Kentucky Constitution. This order temporarily allows both of Kentucky's elective abortion providers, which are both located in Louisville, to temporarily resume elective abortions. [281]
  • 2022 – President Joe Biden signed Executive Order 14076, which directs the Department of Health and Human Services to expand access to contraceptives, requests the Federal Trade Commission protect patients' reproductive health privacy, and directs the Department of Justice to organize a group of pro bono lawyers to defend women charged with having an abortion. [282] [283]
  • 2022 – The Biden administration issued guidance stating that due to federal law, pharmacies are not allowed to turn away people who have a prescription for a drug that might end a pregnancy. [284]
  • 2022 – New regulations went into effect in Israel stating that those seeking abortions could send their requests online and would no longer be asked about their use of birth control. As well, under the new regulations they no longer have to meet with a social worker and may obtain a medication abortion (if medically possible) under the oversight of a community health clinic, rather than having to go to hospitals to receive the medication as they did previously. [285]
  • 2022 – In 2022, a legislative committee passed to the House floor in Louisiana a proposed law that would have potentially criminalized abortion seekers, as well as abortion providers, which was met with vehement opposition by both pro- and anti-abortion advocates and ultimately amended by the full House to remove criminal sanctions for abortion seekers, passed into law and signed by Governor John Bel Edwards (D). [286]
  • 2022 – The Abortion Care Access Act was enacted in Maryland; it allows a broader range of healthcare workers — nurse practitioners, nurse midwives, and physician assistants – to perform abortions and allocates $3.5 million to a new program within the Maryland Department of Health to train healthcare workers. Additionally, it requires the majority of health insurance plans, including private health insurance plans, to cover abortions cost free. [287]
  • 2022 – Oklahoma's abortion ban took effect on May 25, 2022, when Governor Kevin Stitt signed HB 4327 into law, and abortion providers ceased offering services in Oklahoma as of that date. [288] [289] HB 4327 is modeled after the Texas Heartbeat Act and is enforced solely through civil lawsuits brought by private citizens, making it exceedingly difficult for abortion providers to challenge the constitutionality of the statute in court. [290] [291] Oklahoma thus became the first state to ban abortion from the moment of fertilization since Roe v. Wade. [292]
  • 2022 – Wisconsin banned abortion immediately after the 2022 Supreme Court decision Dobbs v. Jackson Women's Health Organization overturning Roe v Wade, per a state law that automatically caused abortion to be banned if Roe v Wade was repealed. [293]
  • 2022 – On 24 June 2022, following the United States Supreme Court's ruling in Dobbs v. Jackson Women's Health Organization, Missouri Attorney General Eric Schmitt signed a proclamation bringing into effect the state's "trigger law", banning all non-medically necessary abortions. [294]
  • 2022 – According to HB136, which is effective Utah state law from June 28, 2022, abortions are banned following 18 weeks of gestation. [295]
  • 2022 – A law outlawing abortion in Mississippi took effect on July 7, 2022, after Mississippi State Attorney General Lynn Fitch on June 27 of that year certified the June 24, 2022 Supreme Court decision on Dobbs v. Jackson Women's Health Organization. [296]
  • 2022 – Due to the trigger law prohibiting abortion from the point of fertilization which was adopted on April 22, 2019, abortion became illegal from the point of conception in Tennessee on July 25, 2022, 30 days after the overturning of Roe v. Wade. [297]
  • 2022 – Wyoming's legislature passed HB92 in the 2022 legislative session, a trigger law meant to ban abortion soon after the overturn of Roe v. Wade except for cases of rape, incest (reported to law enforcement) and serious risk of death or "substantial and irreversible physical impairments" for the pregnant woman. [298] However, this law was blocked by 9th District Court Judge Melissa Owens the day it took effect (July 27, 2022). [299] [300]
  • 2022 – Abortion in North Dakota has been mostly illegal since July 28, 2022 [301] [302] when the state's trigger law, following the United States' Supreme Court ruling to overturn Roe v. Wade on June 24, 2022, went into effect. [303] The trigger law bans all abortions except to save the life of the mother or in the case of rape or incest, reported to law enforcement. [304]
  • 2022 – A three-judge bench of the Supreme Court of India in Civil Appeal No. 5802 of 2022 made a ruling on 29 September 2022. [305] The ruling defined "woman" as all persons who require access to safe abortion, along with cisgender women, thus including transpersons and other gender-diverse persons as well as cisgender women. [306] The Court remarked that medical practitioners should refrain from imposing extra-legal conditions on those seeking abortion, such as obtaining the consent of the abortion seeker's family, producing documentary proofs, or judicial authorization, and that only the abortion seeker's consent was material, unless she was a minor or mentally ill. [307] It also stated that "every pregnant woman has the intrinsic right to choose to undergo or not to undergo abortion without any consent or authorization from a third party" [308] and that a woman is the only and "ultimate decision-maker on the question of whether she wants to undergo an abortion." [309] On the topic of the difference between the gestation period considered legal for married and unmarried women—24 weeks for the former and 20 weeks for the latter—the Court ruled that the distinction was discriminatory, artificial, unsustainable and in violation of Article 14 of the Constitution of India, [310] and that "all women are entitled to the benefit of safe and legal abortion." [311] On the subject of pregnancies resulting from marital rape, the Court ruled that women can seek an abortion in the term of 20 to 24 weeks under the ambit of "survivors of sexual assault or rape". [312]
  • 2022 – In the city of Hobbs, New Mexico, a local ordinance was passed in November 2022 to prevent abortion clinics from operating. [313]

See also

Notes

  1. ↑ "Closely held" corporations are defined by the Internal Revenue Service as those which a) have more than 50% of the value of their outstanding stock owned (directly or indirectly) by 5 or fewer individuals at any time during the last half of the tax year; and b) are not personal service corporations. By this definition, approximately 90% of U.S. corporations are "closely held", and approximately 52% of the U.S. workforce is employed by "closely held" corporations. See Blake, Aaron (30 June 2014). "A LOT of people could be affected by the Supreme Court's birth control decision – theoretically". The Washington Post.

Related Research Articles

<span class="mw-page-title-main">United States abortion-rights movement</span> Support for womens right to elective abortion

The United States abortion-rights movement is a sociopolitical movement in the United States supporting the view that a woman should have the legal right to an elective abortion, meaning the right to terminate her pregnancy, and is part of a broader global abortion-rights movement. The movement consists of a variety of organizations, with no single centralized decision-making body.

<span class="mw-page-title-main">Abortion in the United States</span> Termination of a pregnancy in the United States

Abortion is a divisive issue in American politics and culture wars, with widely different abortion laws in U.S. states. Since 1976, the Republican Party has generally sought to restrict abortion access based on the stage of pregnancy or to criminalize abortion, whereas the Democratic Party has generally defended access to abortion and has made contraception easier to obtain. The abortion-rights movement advocates for patient choice and bodily autonomy, while the anti-abortion movement maintains that the fetus has a right to live. Historically framed as a debate between the pro-choice and pro-life labels, most Americans agree with some positions of each side. Support for abortion gradually increased in the U.S. beginning in the early 1970s, and stabilized during the 2010s.

<span class="mw-page-title-main">Abortion law</span> Laws that allow, prohibit, or regulate abortion

Abortion laws vary widely among countries and territories, and have changed over time. Such laws range from abortion being freely available on request, to regulation or restrictions of various kinds, to outright prohibition in all circumstances. Many countries and territories that allow abortion have gestational limits for the procedure depending on the reason; with the majority being up to 12 weeks for abortion on request, up to 24 weeks for rape, incest, or socioeconomic reasons, and more for fetal impairment or risk to the woman's health or life. As of 2022, countries that legally allow abortion on request or for socioeconomic reasons comprise about 60% of the world's population.

The timeline of women's legal rights (other than voting) represents formal changes and reforms regarding women's rights. The changes include actual law reforms, as well as other formal changes (e.g. reforms through new interpretations of laws by precedents). The right to vote is exempted from the timeline: for that right, see Timeline of women's suffrage. The timeline excludes ideological changes and events within feminism and antifeminism; for that, see Timeline of feminism.

<span class="mw-page-title-main">Abortion law in the United States by state</span> Termination of pregnancy in states of the United States

The legality of abortion in the United States and the various restrictions imposed on the procedure vary significantly depending on the laws of each state or other jurisdiction. Some states prohibit abortion at all stages of pregnancy with few exceptions, others permit it up to a certain point in a woman's pregnancy, while others allow abortion throughout a woman's pregnancy. In states where abortion is legal, several classes of restrictios on the procedure may exist, such as parental consent or notification laws, requirements that patients be shown an ultrasound before obtaining an abortion, mandatory waiting periods, and counselling requirements. Abortion laws tend to be the most strict in the Southern United States and the most lenient in the Northeastern and Western United States.

Abortion is the termination of human pregnancy, often performed in the first 28 weeks of pregnancy. In 1973, the United States Supreme Court in Roe v. Wade recognized a constitutional right to obtain an abortion without excessive government restriction, and in 1992 the Court in Planned Parenthood v. Casey invalidated restrictions that create an undue burden on people seeking abortions. Since then, there has continued to be an abortion debate in the United States, and some states have passed laws in the form of regulation of abortions but which have the purpose or effect of restricting its provision. The proponents of such laws argue they do not create an undue burden. Some state laws that impact the availability of abortions have been upheld by courts. In 2022, Roe and Casey were overturned by the Supreme Court in Dobbs v. Jackson Women's Health Organization, meaning that states may now regulate abortion in ways that were not previously permitted.

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

Abortion in Alabama is illegal. Under section 26-23H-4 of the Code of Alabama in the U.S. state of Alabama, it is unlawful for an abortion to be performed unless it is deemed absolutely necessary in order to prevent a serious health risk to the pregnant woman. There are no exceptions for rape or incest.

Abortion in Missouri is highly restricted, with abortions only being legal in cases of medical emergency and several additional laws making access to abortion services difficult. In 2014, a poll by the Pew Research Center found that 52% of Missouri adults said that abortion should be legal vs. 46% that believe it should be illegal in all or most cases. According to a 2014 Public Religion Research Institute (PRRI) study, 51% of white women in the state believed that abortion is legal in all or most cases.

Abortion in Connecticut is legal up to the point of fetal viability, or after that if necessary to preserve the life or health of the pregnant woman. A poll by the Pew Research Center found that 67 percent of adults in the state believed that abortion should be legal in all or most cases. Abortions took place early in the state's history. People at that time talked about abortions using euphemisms. The death of Sarah Grosvenor following unsuccessful abortion resulted in a prosecution in colonial Connecticut. Connecticut became the first state to criminalize abortion after codifying its common law in 1821. Later, such laws were justified as trying to protect the life of the women from bad actors providing unsafe abortion services. The state was one of ten states in 2007 to have a customary informed consent provision for abortions. In 1965, the US Supreme Court heard the case of Griswold v. Connecticut, striking down laws that banned the sale, use of and prescription of contraceptives, even for married couples. The Court's later decision in 1973's Roe v. Wade ruling meant the state could no longer regulate abortion in the first trimester. In 1990, state law was amended to read, "the decision to terminate a pregnancy prior to the viability of the fetus shall be solely that of the pregnant woman in consultation with her physician", the first such law in state codifying the Court's holding in Roe, as it would be later modified by Planned Parenthood v. Casey.

In the wake of the 2022 Dobbs Supreme Court ruling, abortion in Indiana remains legal despite Indiana lawmakers voting in favor of a near-total abortion ban on August 5, 2022. Governor Eric Holcomb signed this bill into law the same day. The new law became effective on September 15, 2022. But on September 22, 2022, Special Judge Kelsey B. Hanlon of the Monroe County Circuit Court granted a preliminary injunction against the enforcement of the ban. Her ruling allows the state's previous abortion law, which allows abortions up to 20 weeks after fertilization with exceptions for rape and incest, to remain in effect.

Abortion in Massachusetts is legal up to at least the 24th week of pregnancy, with exceptions allowing later termination of pregnancies in some circumstances. Modern Massachusetts is considered one of the most pro-choice states in the country: a PEW research poll finding that 74% of residents supported the right to an abortion in all or most cases, a higher percentage than any other state. Marches supporting abortion rights took place as part of the #StoptheBans movement in May 2019.

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.

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, also known as pregnancy termination, was legalized up to the 24th week of pregnancy in New York (NY) in 1970, three years before it was decriminalized 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.

Abortion in Ohio is legal through 22 weeks of pregnancy.

Abortion in West Virginia is illegal, with few exceptions.

Elective abortions in Wisconsin became illegal after the overturning of Roe v. Wade by the Supreme Court of the United States on June 24, 2022. An 1849 law bans the procedure in all cases except when the life of the mother is in danger. The enforceability of the law is disputed and being considered by the state courts.

Abortion in California is legal up to the point of fetal viability. An abortion ban was in place by 1900, and by 1950, it was a criminal offense for a woman to have an abortion. In 1962, the American Law Institute published their model penal code as it applied to abortions, with three circumstances where they believed a physician could justifiably perform an abortion, and California adopted a version of this code. In 2002, California passed a law guaranteeing women the right to have an abortion "prior to viability of the fetus, or when the abortion is necessary to protect the life or health of the woman." In 2022, California voters overwhelmingly approved Proposition 1, which amended the Constitution of California to explicitly protect the right to abortion and contraception by a margin of 33.76%.

Abortion in New Hampshire is legal up to the 24th week of pregnancy as of January 1, 2022, when a new law went into effect. Abortion was criminalized in the state by 1900. In June 2003, the state passed a parental notification law, repealing it four years later before passing a new one in 2011. New Hampshire then passed a law in 2012 which required minors to wait 48 hours after requesting an abortion but no longer required parental consent. New Hampshire law regarding abortion has been heard before the US Supreme Court in the case Ayotte v. Planned Parenthood of Northern New England in 2006. The number of abortion clinics in New Hampshire has declined over the years, with 18 in 1982, 16 in 1992 and four in 2014. In 2010, there were three publicly funded abortions in the state; all three were federally funded. There are both active abortion rights and anti-abortion rights activists in the state.

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  313. ↑ Brooks, Brad (8 November 2022). "New Mexico city passes ordinance to block abortion clinics from operating". Reuters . Retrieved 8 November 2022.
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