Abortion rights win in 7 states, lose in 3
Madeline Summerville, attorney and political analyst, joined LiveNOW from FOX to discuss state abortion rights following the Nov. 5, 2024, election.
Abortion rights were on the ballot in 10 states this year, bringing more changes to the patchwork of abortion laws in the U.S. following the end of Roe v. Wade.
Abortion advocates prevailed on seven ballot measures in the Nov. 5 election and lost on three. The losses are the first on abortion rights ballot measures anywhere in the U.S. since the Supreme Court overturned Roe v. Wade in 2022, proving that abortion opponents can win on ballot measures.
RELATED: US infant mortality rate rose after overturning of Roe v. Wade, study finds
There were firsts on the other side, too: Three amendments call for rolling back abortion bans, including one of the nation’s most restrictive laws in Missouri that bars it at all stages of pregnancy with exceptions only under limited circumstances to save the life of the woman.
Protesters rally at the Supreme Court after justices voted to overturn Roe v. Wade (Photo by Michael Nigro/Pacific Press/LightRocket via Getty Images)
RELATED: Election 2024: Here’s how states voted on abortion rights
Here’s a look at where abortion laws stand in each state following the Nov. 5, 2024 election.
Alabama
Alabama bans abortion at any stage of pregnancy with no exceptions for rape and incest.
The only exception is if it’s needed because pregnancy seriously threatens the pregnant patient’s health.
Alaska
Abortion care is legal and access to care is not restricted based on gestational duration.
State Medicaid funds cover abortion care, according to the Guttmacher Institute, an abortion rights think tank.
The right to abortion care is protected by state law.
Arizona
Arizona voters on Nov. 5 approved a constitutional amendment guaranteeing abortion access up to fetal viability, typically around 24 weeks. The amendment will go into effect around Nov. 25, 2024.
Since 2022, Arizona had banned abortions after the 15th week of pregnancy. The previous 15-week law did not include exceptions for rape or incest, according to the Arizona Attorney General’s website.
Arkansas
Abortion is banned in Arkansas except to protect the mother’s life in a medical emergency.
State law allows you to leave Arkansas and get an abortion out of state.
California
Abortion is legal in California until fetal viability, typically around 24 weeks. Abortion rights are protected by the state constitution, according to Guttmacher.
California is also a state where you do not have to be a resident to get treatment. You can travel to California if you are unable to get abortion care in your home state, according to California’s official state website.
Colorado
Abortion is legal in Colorado at all stages of pregnancy.
Colorado voters approved a state constitutional amendment on Nov. 5 enshrining protections for abortion. The measure repeals a ban on state and local funding for abortion and allows Medicaid and other government health insurance programs to cover abortion.
Democratic Gov. Jared Polis in 2022 signed into law a bill guaranteeing access to reproductive care before and after pregnancy and banning local governments from imposing their own restrictions.
Connecticut
Access to abortion care is legal in Connecticut until fetal viability, typically around 24 weeks.
The right to abortion care has been codified in state law since 1990, according to Connecticut’s official state website.
District of Columbia
Access to abortion care is legal in Washington, D.C.
Anyone who wishes to travel to D.C. to get abortion from other U.S. states can do so.
Delaware
Abortion care is legal in Delaware until fetal viability, typically around 24 weeks.
If a patient’s health or life is at risk or there is a lethal fetal anomaly, an abortion can be performed after viability, according to the Delaware Department of Justice’s website.
Florida
Abortion is banned in Florida after six weeks, and will remain so after voters on Nov. 5 rejected a ballot measure to protect abortion rights in the Sunshine State. The ban includes exceptions in cases of rape, incest and human trafficking up to 15 weeks of pregnancy.
RELATED: Trump won’t say how he voted on Florida abortion issue: ‘Stop talking about it’
Georgia
Abortion is banned in Georgia after six weeks.
The law includes exceptions for rape and incest, as long as a police report is filed, and allows for later abortions when the mother’s life is at risk or a serious medical condition renders a fetus unviable.
On Sept. 30, a Fulton County judge struck down the state’s six-week ban, ruling that privacy rights under Georgia’s state constitution include the right to make personal healthcare decisions.
But the Georgia Supreme Court kept the six-week abortion ban in place while it considers the state’s appeal.
Hawaii
Hawaii law allows abortion until fetal viability, typically around 24 weeks. After that, it’s legal if a patient’s life or health is in danger.
The state legalized abortion in 1970, when it became the first in the nation to allow the procedure at a woman’s request.
Idaho
Abortion is banned in Idaho at all stages of pregnancy.
Idaho makes it a crime with a prison term of up to five years for anyone who performs or assists in an abortion. In June 2024, the U.S. Supreme Court ruled to temporarily allow abortions in Idaho in the event of a medical emergency.
Illinois
Abortion in Illinois is legal up until fetal liability, typically around 24 weeks.
In August 2024, Illinois Gov. JB Pritzker signed multiple bills expanding protection over reproductive rights in the state.
The measures make sure pregnant women can get the emergency medical care they need, strengthen Illinois’ shield laws, and ban discrimination based on reproductive health decisions, according to FOX 32 Chicago.
Indiana
Abortion is completely banned and there are very limited exceptions.
One of the exceptions is if a woman’s life or health is seriously at risk and even then, the abortion must take place no later than before 22 weeks of pregnancy if a “lethal fetal anomaly” is detected.
There is also an exception for those who are 12 weeks pregnant in cases or rape or incest, according to an NPR report.
Iowa
In Iowa, abortion care is restricted to six weeks, meaning, a patient can’t get an abortion if they are six or more weeks pregnant.
This new ban replaced a previous ban that restricted abortion care at 20 weeks of pregnancy, according to an NPR report.
Kansas
Access to abortion is protected by the Kansas state constitution.
As of July, the state’s highest court reaffirmed these protections.
Kansas doesn’t ban most abortions until the 22nd week of pregnancy, but it requires minors to obtain the written consent of their parents or a guardian. Other requirements, including the 24-hour waiting period and what a provider must tell patients, have been put on hold. A lower court is considering a challenge to them by providers.
Kentucky
Abortion is completely banned in Kentucky with very few exceptions.
The only exceptions are for cases when a pregnant woman’s life is in imminent danger of death or permanent injury, according to an NPR report.
Louisiana
Louisiana has a near-total abortion ban in place, which applies both to medical and surgical abortions.
The only exceptions to the ban are if there is substantial risk of death or impairment to the mother if she continues the pregnancy or in the case of “medically futile” pregnancies, when the fetus has a fatal abnormality.
Maine
Abortion is legal in Maine at all stages of pregnancy with a doctor’s approval. And lawmakers last year approved a bill to allow 16- and 17-year-olds to receive limited gender-affirming care, which does not include surgery, in some cases without parental consent.
Maryland
Abortion is legal in Maryland at all stages of pregnancy.
Maryland law has protected the right to an abortion since 1991, but a constitutional amendment approved by voters on Nov. 5 will enshrine the right to abortion in the state’s constitution.
Massachusetts
Abortion is legal in Massachusetts up to 24 weeks of pregnancy, according to the Massachusetts government website.
The only time an abortion after 24 weeks is allowed is if it’s necessary to preserve the life of the patient, their physical or mental health or if there is a lethal fetal anomaly or diagnosis.
Michigan
Access to abortion care is legal and protected by law in Michigan for up to 24 weeks of pregnancy.
Minnesota
Abortion is legal in Minnesota at all stages of pregnancy.
Abortion rights in Minnesota are protected under a 1995 Minnesota Supreme Court decision known as Doe v. Gomez, which held that the state Constitution protects abortion rights.
In January 2023, Minnesota Gov. Tim Walz signed a bill to ensure that the state’s existing protections remain in place no matter who sits on future courts.
Mississippi
As of July 2022, abortion is illegal in most cases in Mississippi.
The only exception is if the mother’s life is in danger or in cases of rape that have been reported to law enforcement.
Missouri
Missouri currently allows abortions only in cases of medical emergencies. There are no exceptions for rape or incest. On Nov. 5, Missouri voters approved a measure to enshrine abortion rights into the state constitution, positioning the state to undo its restrictive ban.
But the amendment does not explicitly undo the law, meaning abortion-rights advocates will need to sue to overturn the ban.
The amendment guarantees people’s right to make decisions about their reproductive health, such as whether to get an abortion, take birth control or get in vitro fertilization. The measure does allow the state legislature to enact restrictions or bans on abortion after fetal viability, typically around 24 weeks.
Montana
Abortion is legal in the state of Montana until fetal viability, typically around 24 weeks.
Montana voters on Nov. 5 chose to protect the right to an abortion in their state constitution. The ballot initiative sought to enshrine a 1999 Montana Supreme Court ruling that said the constitutional right to privacy protects the right to a pre-viability abortion by a provider of the patient’s choice.
Nebraska
Abortion is banned in Nebraska after the 12th week of pregnancy. There are exceptions for cases of rape and incest and to protect the life of the pregnant woman.
On Nov. 5, a majority of voters supported a measure enshrining the state’s current 12-week ban. The measure will also allow for further restrictions.
Nevada
Abortion is legal in Nevada until 24 weeks of pregnancy.
An abortion can be performed past the 24-week mark if it is deemed necessary for the life or health of the pregnant person.
On Nov. 5, voters approved a measure to enshrine Nevada’s abortion rights in the state constitution. Voters must also approve the ballot question in 2026 in order to amend the state constitution.
State law has protected abortion rights in Nevada since 1990.
New Hampshire
Access to abortion care is legal in New Hampshire until 24 weeks of pregnancy.
The only exception that allows an abortion after the 24-week mark is if the mother’s health or life is in danger or there is a fatal fetal anomaly.
New Jersey
Abortion remains legal in New Jersey at all stages of pregnancy.
The right to abortion care is protected by the state constitution.
New Mexico
Abortion care in New Mexico is accessible and is not restricted based on gestational duration.
New Mexico also has shield laws for those seeking or providing abortions in the state from laws in other states, according to the New York Times.
New York
Access to abortion care in New York is legal until fetal viability and protected by the state’s constitution.
On Nov. 5, voters approved a measure that bans discrimination on the basis of “pregnancy outcomes.”
North Carolina
Abortion is banned at 12 weeks and later in North Carolina.
There are exceptions for cases of rape or incest and life-limiting anomalies in the fetus as determined by a qualified physician.
North Dakota
Abortion is legal in North Dakota after a state judge struck down the state’s ban on Sept. 12, 2024. The judge ruled that the state constitution creates a fundamental right to access abortion until fetal viability, typically around 24 weeks.
In his ruling, state District Judge Bruce Romanick also said that the law violates the state constitution because it is too vague.
Ohio
Abortion is legal in Ohio until 21 weeks and 6 days of pregnancy.
Last November, voters approved a constitutional amendment to ensure access to abortion care and other forms of reproductive health care.
Oklahoma
Abortion is banned in Oklahoma with very limited exceptions.
The only exception is if the mother’s life is in danger or if the pregnancy was a result of rape or incest and that has been reported to law enforcement, according to an NPR report.
Oregon
Abortion is legal in Oregon and there are no restrictions based on gestational duration.
According to Guttmacher, Oregon has the most protective abortion rights in the nation.
Pennsylvania
Abortion is legal in Pennsylvania until 24 weeks of pregnancy.
Abortion medications can be used up to 10 weeks of gestation.
Rhode Island
Abortions are protected by Rhode Island’s state constitution. Abortion is legal until fetal viability, typically around 24 weeks.
South Carolina
Abortion is banned at six weeks and later in South Carolina, according to Guttmacher.
The law says abortions cannot be performed after an ultrasound can detect “cardiac activity, or the steady and repetitive rhythmic contraction of the fetal heart, within the gestational sac.”
The only exception is in cases of rape or incest and if the fetus will likely not survive outside the womb. It is also acceptable if the mother’s health is at serious risk.
South Dakota
Abortion is banned in South Dakota except to save the life of the pregnant person. There are no exceptions for cases of rape or incest.
On Nov. 5, South Dakota voters rejected a proposal to add protections for abortion rights to the state constitution, preserving a near-total ban there.
Tennessee
Tennessee bans abortions at all stages of pregnancy but there are exemptions in cases of molar pregnancies, ectopic pregnancies, and to remove a miscarriage or to save the life of the mother.
Notably, doctors must use their “reasonable medical” judgment — a term that some say is too vague and can be challenged by fellow medical officials — in deciding whether providing the procedure can save the life of the pregnant patient or prevent major injury.
Texas
Abortions are banned in Texas with very limited exceptions.
A 2021 law bans abortions once fetal cardiac activity can be detected, normally around six weeks.
In May, The Texas Supreme Court rejected a closely watched challenge to the state’s restrictive abortion ban, ruling against a group of women who had serious pregnancy complications and became the first in the U.S. to testify in court about being denied abortions since Roe v. Wade was overturned.
In a unanimous ruling, the all-Republican court upheld the Texas law that opponents say is too vague when it comes to when medically necessary exceptions are allowed.
Utah
Abortion is legal in Utah until 18 weeks of pregnancy.
The Utah Supreme Court put a near-total ban on hold while a challenge to the law proceeds in a lower court, according to the New York Times.
Vermont
Abortion is legal in Vermont at all stages of pregnancy.
The Vermont Legislature passed a law guaranteeing abortion rights in 2019. At the same time, the state began the process of amending the constitution. The proposal was passed by two consecutively elected Legislatures and approved by voters on Nov. 8.
Vermont’s reproductive rights amendment goes beyond guaranteeing a woman’s right to an abortion by including the right to access family planning services and contraception
Virginia
Abortion is legal until the start of the second trimester in Virginia.
Abortions are legal at all stages of pregnancy if it’s needed to save the mother’s life.
Washington
Abortion is legal in Washington state until fetal viability, typically around 24 weeks.
The state law also protects those seeking or providing abortions in Washington from laws in other states, according to a New York Times report.
West Virginia
Abortion is banned at all stages of pregnancy in West Virginia.
The state’s governor signed the ban into law in September 2023. An abortion provider in West Virginia filed a lawsuit challenging the new statute, but the suit was dropped a couple of months later.
The ban has exemptions for medical emergencies and for rape and incest victims until eight weeks of pregnancy for adults and 14 weeks for those under the age of 18. Victims must report their assault to law enforcement 48 hours before the procedure. Minors can report to the police or a doctor, who then must tell police.
Wisconsin
Abortion is banned at 20 weeks and later in Wisconsin.
The exceptions for this are if the life of the mother is in danger and in cases of rape and incest.
Wyoming
Abortion is legal in Wyoming until fetal viability, typically around 24 weeks.
Last year, the Wyoming Legislature passed — and Gov. Mark Gordon signed into law — measures that restricted abortion in the state, including the first-in-the-U.S. explicit ban on abortion pills. Teton County District Judge Melissa Owens in Jackson has put the laws on hold while considering lawsuits against them filed by abortion clinics in the state.
