A law signed Tuesday by Gov. Kevin Stitt of Oklahoma makes it a felony, punishable by up to 10 years in prison, to perform an abortion in the state. It’s the latest in a string of restrictive abortion laws being proposed in Republican-led states across the country.
The measure, Senate Bill 612, which goes into effect in August, provides an exception only “to save the life of a pregnant woman in a medical emergency.”
The bill’s passage comes after Oklahoma became a haven for Texans seeking abortions after Texas enacted a ban on most procedures last fall, the widest abortion restrictions imposed since the Supreme Court’s 1973 ruling in Roe v. Wade came into effect. It also comes as the Supreme Court prepares to rule on a case later this year involving Roe v. Wade could fall.
Here are answers to some frequently asked questions about statewide legislation.
Which states have banned abortion?
According to the Guttmacher Institute, a research group that advocates for abortion rights, 30 states introduced near-total abortion bans this year. Bans have been passed by at least one legislature in seven states: Arizona, Idaho, Wyoming, Florida, Kentucky, Oklahoma and West Virginia. They were enacted in four of those states: Oklahoma, Arizona, Idaho, and Wyoming.
“What we’re seeing right now is the accumulation of decades of state legislatures enacting restriction after restriction and now moving on to passing ban after ban,” said Elizabeth Nash, state policy analyst at the Guttmacher Institute. She said the legislation reflects efforts by increasingly conservative state lawmakers who are moving to exploit legal shifts in the courts.
Several states already have so-called trigger bans that make abortion illegal if Roe is knocked over or backed up. Any legislation proposed so far is likely to go into effect, Ms Nash said. But some efforts could be challenged in court: In Idaho, for example, a Texas-style abortion ban was scheduled to go into effect April 22 but was temporarily blocked by the Idaho Supreme Court on Friday. Planned Parenthood said Tuesday it would “challenge any abortion ban passed in Oklahoma.”
Which states have increased their support for abortion?
Because the future of Roe v. Wade is unclear, many states are pushing for laws protecting abortion rights. About 30 states and the District of Columbia are considering measures to protect and expand access to abortion, Ms. Nash said. Laws protecting abortion rights already exist in at least 16 states and the District of Columbia.
Some states have gone further: Vermont lawmakers voted in February to move forward with an amendment to the state’s constitution that would guarantee abortion rights.
A sweeping package of legislation in California aims to make the state a “safe haven” for women seeking abortions. The bills would make it easier for clients to access abortion services and pay providers.
A proposal released late last year with the backing of Gov. Gavin Newsom and leaders of both California’s Legislatures calls for increased funding for abortion providers, reducing administrative barriers to accessing abortions, and strengthening legal protections for abortion patients. In March, Mr. Newsom, a Democrat, signed legislation eliminating the cost of abortion services.
What is a “near total” ban? What does it mean in practice?
A “near-total” ban usually refers to a law restricting abortions except in cases where a patient’s life is in danger, said Ms Nash of the Guttmacher Institute. Legislators contemplate two main types of near-total bans. One is a Texas-style ban authorizing private individuals to bring a lawsuit against anyone who performs an abortion or “assistance” procedure. Texas law prohibits abortions once cardiac activity is detected in the embryo; such activity typically occurs around the sixth week of pregnancy, before many even know they are pregnant.
The state of abortion in the United States
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Who Gets an Abortion in America? The typical patient is most likely already a mother, poor, single, in her late 20s, with a college education and very early in pregnancy. Teens are having far fewer abortions today. Almost half of abortions occur in the first six weeks of pregnancy, and almost all in the first trimester.
What happens if Roe v. Wade is lifted? Abortion would remain legal in more than half the states, but not much of the Midwest and South. While some women will be able to travel abroad or rely on pills to terminate a pregnancy, many in lower-income groups may not have access.
A bill before the Oklahoma Senate would go further and allow citizens to try to ban all post-fertilization abortions. This law would go into effect immediately.
Other states are considering 15-week bans. These do not represent “near-total” bans, but are still a significant rollback from Roe protecting the right to an abortion until a fetus is viable outside the womb, which is usually considered around 23 weeks.
In which states are most abortions performed?
According to a 2017 census of abortion providers conducted by the Guttmacher Institute, the largest state share of abortions was performed in California at 15.4 percent. The second highest percentage was in New York State at 12.2 percent. Third best state was Florida with 8.2 percent.
What is the ratio of abortions performed surgically versus medically performed abortions using a combination of pills?
Abortion bans apply to both surgical abortions and medical abortions performed with a two-drug combination of mifepristone and misoprostol. Medical abortions accounted for more than half of all abortions in the United States in 2020, according to the Guttmacher Institute.
Additional bans on the use of medical abortion pills have been proposed in at least eight states this year and have passed at least one chamber in both South Dakota and Wyoming. Bans on the sale of medical abortion pills were proposed in at least seven states this year and passed by at least one chamber in both Georgia and Kentucky.
Kate Zernike contributed to the coverage.