Which states are banning abortion immediately? State-by-state breakdown of abortion laws, bans

In many states, the right to an abortion is not protected by state law.

ByKatie Kindelan and Mary Kekatos ABCNews logo
Friday, June 24, 2022
Supreme Court overturns Roe v. Wade
The Supreme Court ruled to overturn Roe v. Wade and the fundamental right to abortion that has been the law for almost 50 years.

The U.S. Supreme Court voted Friday to strike down Roe v. Wade, the landmark 1973 decision that guaranteed the right to an abortion.

In the 6-3 decision, along party lines, the court ruled that "the Constitution does not confer a right to abortion."

Abortion laws and restrictions vary by state and, now that the federal protection has been overturned, abortion will not be accessible everywhere in the U.S.

Some states have trigger laws in place that immediately ban abortion once Roe was overturned. Others guarantee the right to an abortion via laws or constitutional amendments.

Here is where abortion laws stand in each state, according to the Guttmacher Institute, a research group that focuses on sexual and reproductive health, and further reporting.

Alabama

A near-total ban on abortion that predates Roe v. Wade but wasn't in effect since 1973 will go back into effect. The right to an abortion is barred under the state constitution.

Alaska

The right to an abortion is protected by state law and constitution. Gov. Mike Dunleavy has said, though, the overturning of Roe v. Wade will cause "renewed conversation" on the issue of abortion rights in the state.

Arizona

A pre-Roe v. Wade law bans abortions except when the mother's life is endangered. Gov. Doug Ducey in April signed a law banning abortions after 15 weeks of pregnancy that will go into effect.

Arkansas

A trigger law is in place to make abortion illegal. After Roe is overturned, it would go into effect immediately without further action required. Arkansas also has a ban that predates Roe v. Wade on the books as well as a near-total ban signed in 2021.

California

The right to abortion is protected by updated state laws.

Colorado

The right to abortion is protected by updated state laws.

Connecticut

The right to abortion is protected by updated state laws.

Delaware

The right to abortion is protected by updated state laws.

Florida

A law banning abortions after 15 weeks of pregnancy will go into effect July 1.

Georgia

A law prohibiting abortions after 6 weeks of pregnancy was signed in 2019 but not in effect following legal challenges.

Hawaii

The right to abortion is protected by state law.

Idaho

A trigger law making abortion illegal goes into effect 30 days after Roe is overturned.

Illinois

The right to abortion is protected by state law.

Indiana

The right to an abortion is neither protected nor barred in the state constitution.

Iowa

A ban on abortions after 6 weeks of pregnancy would go into effect. The Iowa Supreme Court in June reversed an earlier court ruling that the state constitution guaranteed the right to abortion.

Kansas

The right to abortion is protected by state law. Voters will decide on Aug. 2 whether to change the state constitution to say there is no right to abortion.

Kentucky

A trigger law is in place to make abortion illegal immediately after Roe is overturned. Kentucky also has a new 15-week abortion ban on the books that was legally challenged.

Louisiana

A trigger law is in place to make abortion illegal immediately after Roe is overturned. The state constitution also bars the right to abortion. Lawmakers recently approved a bill to ban abortion after "fertilization and implantation."

Maine

The right to abortion is protected by state law.

Maryland

The right to abortion is protected by state law.

Massachusetts

The right to abortion is protected by state law.

Michigan

A pre-Roe v. Wade law bans abortions, but a judge ruled in May the state government cannot enforce the law as a lawsuit Planned Parenthood filed against the state plays out. Gov. Gretchen Whitmer is also working to protect the right in the state.

Minnesota

The right to an abortion is protected under the state constitution.

Mississippi

A trigger law banning nearly all abortions would go into effect immediately after Roe is overturned. In addition to its 15-week abortion ban at the center of the Supreme Court case, Mississippi has a 6-week abortion ban.

Missouri

A trigger law banning nearly all abortions would go into effect once the governor or attorney general certifies that Roe v. Wade has been repealed.

Montana

The right to an abortion is currently protected under the state constitution.

Nebraska

The right to an abortion is neither protected nor barred in the state constitution. Gov. Pete Ricketts has said he will push for the state legislature to pass a total abortion ban if Roe v. Wade is overturned.

Nevada

The right to an abortion is protected under the Nevada Revised Statutes, the codified laws of the state.

New Hampshire

The right to an abortion is not protected by state law.

New Jersey

The right to an abortion is protected under the state constitution.

New Mexico

The right to an abortion is neither protected nor barred in the state constitution.

New York

The right to abortion is protected by updated state laws.

North Carolina

The right to an abortion is not protected by state law.

North Dakota

A trigger law is in place to make abortion illegal. After Roe is overturned, the Legislative Council must approve a recommendation from the state's attorney general that the ban on abortion is constitutional.

Ohio

The right to an abortion is not protected by state law.

Oklahoma

Currently, Oklahoma has a near-total ban on abortion. However, a trigger law is also set in place to make abortion illegal if Roe is overturned. It would only need certification from the attorney general.

Oregon

The right to have an abortion is protected in the state constitution.

Pennsylvania

The right to an abortion is not protected by constitutional or statutory laws.

Rhode Island

The right to abortion is protected by updated state laws.

South Carolina

The right to an abortion is not protected by state law.

South Dakota

A trigger law is in place to make abortion illegal. After Roe is overturned, it would go into effect immediately without further action required.

Tennessee

A trigger law is in place to make abortion illegal that goes into effect 30 days after Roe is overturned with no further action required. The state constitution bars protection of the right.

Texas

A trigger law is in place to make abortion illegal that goes into effect 30 days after Roe is overturned with no further action required. The state already has a 6-week ban in effect.

Utah

A trigger law is in place to make abortion illegal. The legislative general counsel must certify that the legislature can ban abortion before it goes into effect.

Vermont

The right to abortion is protected by updated state laws.

Virginia

The right to an abortion is not protected by constitutional or statutory laws.

Washington

Under the Code of Washington, individuals are not allowed to interfere with a pregnant person's right have an abortion.

West Virginia

A state constitutional amendment bars the protection of the right to an abortion.

Wisconsin

Wisconsin has a pre-Roe law dating back to 1849 making an abortion a felony that could go back into effect if the Supreme Court overturns Roe v. Wade.

Wyoming

A trigger law is in place to make abortion illegal. It would require certification by the governor, advised by attorney general within 30 days of the Supreme Court ruling.