Abortion in Alaska is legal on demand 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.
The number of abortion clinics in Alaska has been declining, going from fourteen in 1982 to thirteen in 1992 to three in 2014. 1,547 abortions took place in Alaska in 2014, and 1,459 took place in 2015. For poor women, there is state funding for abortions. Both abortion rights activists and anti-abortion rights activists are present in the state, and have held protests in 2019.
Alaska, California, and New Hampshire did not voluntarily provide the Center for Disease Control with abortion related data in 2000 or 2001. [1] [2] In 2014, 63% of adults said in a poll by the Pew Research Center that abortion should be legal in all or most cases, with 34% stating it should be illegal in all or most cases. [3]
Alaska, Hawaii, Washington, and New York were the only four states that made abortion legal between 1967 and 1970 that did not require a reason to request an abortion. [4] In 1970, the state repealed some of its abortion laws, along with Hawaii, New York, and Washington. [5] The following year, Alaska repealed its statute that said inducing an abortion was a criminal offense. [6] State law still required in 1971 that any woman getting a legal abortion in the state needed to be a resident for some specific period between 30 and 90 days. [6]
Some states, such as Alaska, Mississippi, West Virginia, Texas, and Kansas, have passed laws requiring abortion providers to warn patients of a link between abortion and breast cancer, and to issue other scientifically unsupported warnings. [7] [8] The state was one of 23 states in 2007 to have a detailed abortion-specific informed consent requirement. [9] Alaska and Minnesota both require that women seeking abortions after 20 weeks be informed that, while experts disagree on the issue of whether or not a fetus can feel pain at 20 weeks, it is possible. This expert confusion written into the law is there, despite a Journal of the American Medical Association conclusion that pain sensors do not develop in the fetus until between weeks 23 and 30. [10]
House Bill 250 was introduced in 2017 by Rep. David Eastman (R-Wasilla). The bill was called the "Life at Conception Act", and it never made it out of committee in Alaska's House. [11] In 2017, Washington State, New Mexico, Illinois, Alaska, Maryland, Massachusetts, Connecticut, and New Jersey allow by state law qualified non-physicians to prescribe drugs for medical abortions only. [12] In May 2019, Eastman introduced House Bill 178, which defines abortion as "murder of an unborn child"; the bill was never heard before a committee. [11] [13]
In 2022, Governor Mike Dunleavy expressed interest in an amendment to the Alaska Constitution clarifying the legality of abortion in the state. [14] 2022 happened to be the year that Alaska's regularly scheduled ballot question for calling a state constitutional convention was asked. Dunleavy and other anti-abortion advocates recommended voting "yes", but the question was resoundingly defeated, with 70% voting "no". [15]
In 2023, the bi-partisan coalition majority in the Alaska State Senate is consensus-focused, and unlikely to address controversial topics like abortion. [16]
The US Supreme Court's decision in 1973's Roe v. Wade ruling meant the state could no longer regulate abortion in the first trimester. [17]
In 1997, the Alaska Supreme Court ruled in Valley Hospital Association, Inc., v. Mat-Su Coalition for Choice that the privacy clause of the Alaska Constitution protects the right to an abortion. [18] This ruling remains in effect after the US Supreme Court overruled Roe v. Wade in 2022.
In 2016, the Alaska Supreme Court struck down a parental notification law that had been established in 2010. [19]
Between 1982 and 1992, the number of abortion clinics in the state decreased by 1, going from 14 in 1982 to 13 in 1992. [20] In 2014, there were 3 abortion clinics in the state. [21] 90% of the boroughs in the state did not have an abortion clinic. That year, 37% of women in the state aged 15–44 lived in a borough without an abortion clinic. [22] In March 2016, there were 4 Planned Parenthood clinics in the state. [23] There were still 4 Planned Parenthood clinics the following year, all of which offered abortion services, in a state with a population of 167,815 women aged 15–49. [24]
In 1990, 69,000 women in the state faced the risk of an unintended pregnancy. [20] In 2013, among white women aged 15–19, there were 130 abortions, 10 abortions for black women aged 15–19, 20 abortions for Hispanic women aged 15–19, and 70 abortions for women of all other races. [25] In 2017, the state had an infant mortality rate of 5.6 deaths per 1,000 live births. [26]
Census division and state | Number | Rate | % change 1992–1996 | ||||
---|---|---|---|---|---|---|---|
1992 | 1995 | 1996 | 1992 | 1995 | 1996 | ||
US Total | 1,528,930 | 1,363,690 | 1,365,730 | 25.9 | 22.9 | 22.9 | –12 |
Pacific | 368,040 | 290,520 | 288,190 | 38.7 | 30.5 | 30.1 | –22 |
Alaska | 2,370 | 1,990 | 2,040 | 16.5 | 14.2 | 14.6 | –11 |
California | 304,230 | 240,240 | 237,830 | 42.1 | 33.4 | 33 | –22 |
Hawaii | 12,190 | 7,510 | 6,930 | 46 | 29.3 | 27.3 | –41 |
Oregon | 16,060 | 15,590 | 15,050 | 23.9 | 22.6 | 21.6 | –10 |
Washington | 33,190 | 25,190 | 26,340 | 27.7 | 20.2 | 20.9 | –24 |
Location | Residence | Occurrence | % obtained by out-of-state residents | Year | Ref | ||||
---|---|---|---|---|---|---|---|---|---|
No. | Rate^ | Ratio^^ | No. | Rate^ | Ratio^^ | ||||
Alaska | 1,990 | 16.5 | 1992 | [27] | |||||
Alaska | 2,040 | 14.2 | 1995 | [27] | |||||
Alaska | 16.5 | 14.6 | 1996 | [27] | |||||
Alaska | 1,647 | 11.2 | 145 | 1,518 | 10.3 | 133 | 1.0 | 2014 | [28] |
Alaska | 1,459 | 10 | 129 | 1,334 | 9.1 | 118 | 0.5 | 2015 | [29] |
Alaska | 1,408 | 9.6 | 126 | 1,260 | 8.5 | 112 | 0.6 | 2016 | [30] |
^number of abortions per 1,000 women aged 15–44; ^^number of abortions per 1,000 live births |
17 US states, including Alaska, 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. [31] [11] In 2010, the state had 835 publicly funded abortions, of which were zero federally, and 835 were state-funded. [32]
Women from the state participated in marches supporting abortion rights as part of a #StoptheBans movement in May 2019. [33] [13] Hundreds of women attended a rally in Anchorage at Town Square Park to protest legislation proposed in Alaska's House to restrict abortion rights. The event was organized by Planned Parenthood Votes and Alaska ACLU. [13] There was another rally at the Alaska Capitol in Juneau in May 2019, in opposition to the bill proposed by Republican Rep. David Eastman of Wasilla. [34]
Following the leak of the overturning of Roe v. Wade on May 2, 2022, Alaska saw abortion rights protests in Anchorage, [35] Fairbanks, [36] and Haines. [37]
Rep. David Eastman (R-Wasilla) was censured by the Alaska Legislature in 2017 after he claimed that women used Medicaid support for abortion as a "free trip to the city". [11]
A small counter-protest was organized by anti-abortion rights activists at the Alaska Capitol in Juneau in May 2019, in support of proposed restrictions on women's ability to access legal abortions in the state. [34]
Abortion in Oklahoma is illegal unless the abortion is necessary to save the life of a pregnant woman.
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 maternal health, rape and incest within the first trimester. The law took effect on August 25, 2022.
Abortion in Maine is legal, although terminations after fetal viability can only be performed if a physician determines it to be medically necessary. According to a poll by the Pew Research Center, 64% of adults said that abortion should be legal, with 33% stating that it should be illegal in all or most cases.
Abortion in 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 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 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 Tennessee is illegal from fertilization, except to "prevent the death of the pregnant woman or to prevent serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman".
Abortion in Utah is legally performed under a temporary restraining order blocking enforcement of the state's trigger law, which bans abortion. According to HB136, which is effective state law from June 28, 2022, abortions are banned following 18 weeks of gestation. Abortion was banned following the Supreme Court case, Dobbs v. Jackson Women's Health Organization on June 24, 2022. Utah State Legislation enacted SB 174 in May 2020, which, upon the overturn of Roe v. Wade, made inducing an abortion a second-degree felony. The law includes exceptions for pregnancies "caused by rape or incest," pregnancies that put the mother's life at risk, or "if two doctors say the fetus has a lethal defect." Rape and incest exceptions will only be viable if the crimes were previously reported to law enforcement officials.
Abortion in 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. 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, or in case the pregnancy poses a risk to life or health. In a poll by the Pew Research Center, 60% of adults said that abortion should be legal in all or most cases.
Abortion in West Virginia is illegal except in cases of rape, incest, fatal fetal abnormalities, and when the mother’s life is at risk from a pregnancy.
Abortion in Wisconsin has been legal since September 18, 2023, and is performed in Madison, Milwaukee and Sheboygan through 22 weeks gestation. However, elective abortions in Wisconsin are under dispute after the overturning of Roe v. Wade by the Supreme Court of the United States on June 24, 2022. Abortion opponents cite an 1849 law that they claim bans the procedure in all cases except when the life of the mother is in danger. However, lower level courts have argued that the law only applies to infanticide and not consensual abortions. The enforceability of the law is disputed and being considered by the state courts. Planned Parenthood of Wisconsin announced that they would resume abortion services in Madison and Milwaukee on September 18, 2023. Planned Parenthood of Wisconsin later announced that they would resume abortion services in Sheboygan on December 28, 2023.
Abortion in New Mexico is legal at all stages of pregnancy. The number of abortion clinics in New Mexico has declined over the years, with 26 in 1982, 20 in 1992 and 11 in 2014. There were 4,500 legal abortions in 2014. There were 7 facilities providing abortion in New Mexico in 2017, and 6 of those were clinics. In 2017, 91% of New Mexico counties had no clinics that provided abortions, and 48% of New Mexico women lived in those counties.
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