Abortion Bans to Replace Roe
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here for current status of state policy
Introduced in 20 states
Bill Statute:
Passed at least one chamber in MT, ND, OK and VA
Ballot initiative approved in TN
MONTANA: In April, the Senate defeated a measure that would have banned abortion through a ballot initiative to amend the constitutional definition of “person” to include “all members of the species Homo sapiens at any stage of development, including the stage of fertilization or conception.” The bill passed the House in
March.
MONTANA: In March, the House approved a measure that would ban abortion through a ballot initiative to amend the constitutional definition of “person” to include “all members of the species Homo sapiens at any stage of development, including the stage of fertilization or conception.” No further action is expected since the legislature has adjourned its regular session.
NORTH DAKOTA: In April, the Senate defeated a bill that would have banned abortion by defining a human being as an “an individual member of the species homo sapiens at every stage of development.” The bill, which would have allowed for lifesaving medical treatment and the use of contraceptives, passed the House in
February.
OKLAHOMA: In March, the House approved a measure that seeks to ban abortion by amending the statutory definition of “person” to include “a human being at all stages of human development of life, including the state of fertilization or conception.” No further action is expected since the legislature has adjourned its regular session.
TENNESSEE: In May, the House approved a measure that places a proposal on the 2014 ballot to add an amendment to the state’s constitution establishing that no constitutional right to abortion exists in Tennessee. The measure, which also would establish that the state constitution does not require state funding for abortion, was approved by the Senate in
April.
VIRGINIA: In February, a Senate committee defeated a measure that would have banned abortion by defining a human being within state law as “the offspring of human beings from the moment of conception until birth at every stage of biological development.” The bill passed the House in February.
Mandatory Counseling and Waiting Periods Before Abortion
State-Directed Counseling
Click here for current status of state policy
Introduced in 11 states
Bill Status:
Passed at least one chamber in IN, LA and MT
Enacted in IN, KS and ND
(ENACTED) INDIANA: In May, Gov. Mitch Daniels (R) signed an omnibus abortion measure that expands the state’s abortion counseling requirements to include a statement that “human physical life begins when a human ovum is fertilized by a human sperm," as well as information on the fetus’s purported ability to feel pain. The measure also bans the state from contracting with abortion providers and includes provisions related to abortion at or beyond 20 weeks’ gestation, abortion coverage in the health exchange, hospital privileges for providers, medical emergency, ultrasound and reporting requirements. It goes into effect in July.
INDIANA: In February, the Senate approved a measure that would amend the state’s abortion counseling requirements and require an abortion provider to offer an ultrasound to a woman seeking an abortion. The bill would require that abortion counseling include information on fetal pain as well as statements that having an abortion increases a woman’s risk of breast cancer and that personhood begins at conception. The bill would also amend the state’s parental consent law and require an abortion provider to have hospital admitting privileges. No further action is expected since the legislature adjourned its regular session.
(ENACTED) KANSAS: In April, Gov. Sam Brownback (R) signed into law an omnibus abortion measure that would expand abortion counseling to include a written statement that an abortion “will terminate the life of a whole, separate, unique, living human being.” The bill, which also includes provisions on postviability abortion, parental consent and “partial-birth” abortion, and reporting requirements for abortions and minors’ judicial waivers, goes into effect in July.
LOUISIANA: In May, the House approved a measure that would amend the state’s counseling requirements. The bill would require that some of the abortion counseling be provided by the medical provider who will perform the abortion; it would also require that the counseling include information on all abortion-related risks that have been published in peer-reviewed journal. The bill, which would also require facilities to post signs on coerced abortion and revise the state’s refusal clause, is awaiting action in the Senate.
MONTANA: In March, the Senate defeated a measure that would have expanded the state’s abortion counseling requirements. The measure would have required abortion counselors to inform women of any research showing that some groups of women (based on their “physical, psychological, demographic or situational” characteristics) may be at higher risk of complications associated with having had an abortion. The bill, which also includes an exception for abortions necessary due to a medical emergency, passed the House in February.
(ENACTED) NORTH DAKOTA: In April, Gov. Jack Dalrymple (R) signed into law an omnibus bill that requires the state to develop counseling materials that include information on the purported link between abortion and an increased risk of breast cancer and a statement that the state prefers childbirth to abortion. The measure also requires abortion providers to give the woman “any” information that a “reasonable person” would consider important when considering abortion. The measure, which also includes provisions on medication abortion, medical emergency, abortion reporting requirements and parental consent, goes into effect in August.
