- legal for any woman, regardless of her age;
- legal for any reason through the first six months of pregnancy, and for virtually any reason thereafter.
Reversal of the Roe and Doe court rulings would return the issue of abortion to state jurisdictions but would not automatically make abortion illegal in all states. In this event, the status of legal abortion would vary from state to state, depending on pre- and post-1973 laws and court rulings. For instance, 15 states have not repealed pre-Roe abortion bans, which would presumably be activated by the overturning of Roe and Doe. However, court rulings in 17 states (including seven of those with pre-Roe laws prohibiting abortion) declare that their state constitutions permit abortion, above and beyond the federal Constitution.
This potential patchwork of laws in a post-Roe and Doe era prompts many in the cause for life to seek an amendment to the U.S. Constitution prohibiting abortion.
Since 1973, the U.S. Supreme Court has issued 30 abortion-related rulings, including several that have upheld the constitutionality of state laws that regulate and limit abortion in the following ways:
- Parental Involvement Laws requiring a parent to be notified or give consent before their minor daughter has an abortion, subject to a judicial bypass option which allows a teenage girl to involve a judge rather than her parent(s); 44 states have passed such laws with 35 of those laws in effect.
- Informed Consent Laws requiring that women receive full medical disclosure of possible risks associated with and alternatives to abortion; 31 states have passed these laws with most in effect.
- Waiting or Reflection Period Laws requiring that after receiving such information, women wait a period of time (usually 24 to 48 hours) before having an abortion; 28 states have passed these laws.
State legislatures are also considering and enacting laws in the following areas of abortion (and related) law:
- Abortion and Breast Cancer legislation to inform women that abortion increases their risk of breast cancer.
- Abortion Clinic Regulations legislation to raise the level of safety and sanitation in clinics where abortions are performed.
- Fetal Homicide laws in 30 states recognize two victims (mother and preborn child) when a criminal act is committed against a pregnancy woman (excluding abortion).
For more information on Parental Involvement Laws, see "Frequently Asked Questions: Parental Involvement in Minor Abortions"
For more information on Consent and Waiting Period laws, see "Frequently Asked Questions: Woman's Right to Know Legislation"
For more information on the status of abortion law in your state, see Americans United for Life's 2004 State Report Cards at www.unitedforlife.org
(This page was originally posted September 9, 2003.)
Carrie Gordon Earll is the Senior Policy Analyst for Bioethics at Focus on the Family and a fellow with the Center for Bioethics and Human Dignity.
