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Laws that undermine reproductive health, rights and justice deprive people of moral agency, rob us of control over our bodies, and compound other forms of oppression including racism, sexism, and poverty.
The Lawyering Project's mission is to eliminate these laws and the harmful impacts they have on people’s lives. They are especially focused on laws that limit the availability or affordability of abortion care; contribute to disparities in reproductive health outcomes; embody gender-based stereotypes; or discriminate against people based on their reproductive decisions.
Their goal is a legal system that enables each of us to make decisions about intensely personal matters like sex, pregnancy, family, and health care based on our own beliefs and values — and ensures that we all have the resources we need to carry those decisions out.
State Abortion Laws
Alabama is enforcing its total abortion ban.
Abortion will remain legal in Alaska. In 1997 the state's highest court recognized a fundamental right to “reproductive choice” under the Alaska Constitution.
The Arizona pre-Roe ban is temporarily enjoined, and the state has agreed temporarily not to enforce the law. In September 2022, Arizona’s 15-week ban went into effect.
Arkansas is enforcing its trigger ban to prohibit abortion entirely.
Abortion will remain legal in California. The state’s highest court recognized abortion rights under the California Constitution in 1969, four years before Roe. In November, voters will have the opportunity to amend the state constitution to further protect abortion rights. State law protects the right to personal reproductive decisions. In November 2022, Californians approved Prop 1, which explicitly adds abortion and contraception rights to the state constitution.
Abortion will remain legal in Colorado. In 2022, Colorado enacted a statutory protection for abortion as a fundamental right.
Abortion will remain legal in Connecticut. State law protects abortion and Connecticut has enacted additional laws to expand abortion access.
Abortion will remain legal in Delaware. State law includes express protections for abortion and, in 2021, Delaware repealed its final pre-Roe-ban.
Elected officials enacted a 6-week ban in 2023 in another challenge to the state supreme court’s recognition of the right to abortion under the Florida Constitution.
Georgia argues that it can enforce its six-week abortion ban, which the Georgia Supreme Court allowed to take effect after a Fulton County court blocked the law. Numerous medically unnecessary restrictions already make it difficult to access abortion care in Georgia.
Abortion will remain legal in Hawaii. Three years before Roe, , Hawaii legalized abortion, and the state has enacted additional laws to expand access to abortion.
Idaho argues that it can enforce its trigger ban, which criminalizes abortion.
Abortion will remain legal in Illinois. In 2019, Illinois enacted comprehensive abortion rights legislation. And the Illinois Supreme Court has recognized the right to abortion under the state’s constitution.
Indiana enacted a new total ban on abortion, which took effect on August 1, 2023, after the state supreme court vacated the injunction blocking the law.
Iowa will likely try to prohibit abortion. In June 2023, the Iowa Supreme Court rejected the governor’s challenge to the permanent injunction of the 6-week ban.
Abortion will remain legal in Kansas as long as the state constitution is not amended. While the state has enacted many restrictions on abortion, in 2019, its highest Court ruled that a pregnant person's right to personal autonomy is protected in the state’s constitution.
Kentucky argues that the state can enforce its trigger ban to prohibit abortion; the trigger ban is currently in effect. However, in November 2022, voters rejected Prop 2, which would have specified that the state constitution does not protect abortion rights.
Louisiana is enforcing its trigger ban which prohibits abortion entirely and includes civil and criminal penalties.
Abortion will remain legal in Maine. State law includes express protections for abortion and Maine has enacted few restrictions on abortion access.
Abortion will remain legal in Maryland. State law includes express protections for abortion and Maryland has enacted few restrictions on abortion access.
Abortion will remain legal in Massachusetts. The Massachusetts Supreme Court has recognized the right to abortion under the state’s constitution, and in 2021 Massachusetts passed comprehensive abortion rights legislation.
Michiganders have approved Prop 3, which enshrines reproductive freedom in the Michigan constitution.
Abortion will remain legal in Minnesota. The state’s highest court has recognized the right to abortion under the Minnesota Constitution and, in 2023, the state created a statutory right to reproductive freedom.
Mississippi is enforcing its trigger ban, which prohibits abortion in nearly all situations.
Missouri has begun to enforce its trigger ban to prohibit abortion entirely.
Abortion will remain legal in Montana as long as the state constitution is not amended. The state’s highest court recognized “procreative autonomy” under the Montana Constitution, protecting the right to abortion. In November, voters rejected LR-131, a referendum that mischaracterizes abortion, furthers abortion stigma, and could have criminalized medical professionals.
Nebraska is enforcing a 12-week abortion ban, with limited exceptions.
Abortion will remain legal in Nevada. In 1990, Nevada voters passed a referendum safeguarding the state’s law legalizing abortion.
Abortion will remain accessible in New Hampshire but without legal protection. New Hampshire repealed a pre-Roe-ban on abortion, but state law does not expressly protect abortion.
Abortion will remain legal in New Jersey. In 2022, New Jersey enacted a statutory protection for abortion as a fundamental right and the state’s highest court recognized the “fundamental right of a woman to control her body and destiny” under the New Jersey constitution.
Abortion will remain accessible in New Mexico. New Mexico courts have not determined whether the state constitution protects the right to abortion.
Abortion will remain legal in New York. In 2019, New York enacted comprehensive abortion rights legislation, expanding access to abortion care in the state, and in 2022 enacted additional protections for abortion providers and helpers.
North Carolina has enacted a twelve-week abortion ban, including additional burdensome restrictions, which took effect July 1, 2023. Although the current governor is supportive of abortion rights, the legislature is hostile to abortion.
North Dakota is enforcing a new total abortion ban with limited exceptions.
Ohioans have approved Issue 1, which protects reproductive decision making. However, Ohio argues that the state can enforce its 6-week LMP ban, which is currently blocked by a preliminary injunction.
Oklahoma is enforcing a pre-Roe ban that prohibits abortion entirely, except when “necessary to preserve” the life of a pregnant person.
Abortion will remain legal in Oregon. State law protects abortion and Oregon has enacted additional laws to expand abortion access.
Abortion will likely remain accessible in Pennsylvania, but without legal protection. The current governor is supportive of abortion rights, but numerous medically unnecessary restrictions make it difficult to access abortion care in the state.
Abortion will remain legal in Rhode Island. In 2019, Rhode Island enacted a law to protect abortion and repealed various existing abortion restrictions.
South Carolina is enforcing a six-week abortion ban after the state Supreme Court declared the ban constitutional on August 23, 2023.
South Dakota is enforcing its trigger ban which has criminalized abortion.
Tennessee is enforcing its trigger ban, which criminalizes abortion.
Texas is enforcing its trigger ban, which prohibits abortion and includes civil and criminal penalties.
Utah is enforcing its 18 week ban while its trigger ban is enjoined.
Abortion will remain legal in Vermont. In 2019, Vermont enacted comprehensive abortion rights legislation. In November 2022, voters will have to amend the state constitution to protect reproductive freedom. In November 2022, voters approved Proposal 5, which enshrines reproductive freedom in the Vermont constitution.
Abortion will remain accessible in Virginia, but without legal protection. In 2020, Virginia repealed numerous medically unnecessary restrictions on abortion access.
Abortion will remain legal in Washington. State law protects personal reproductive decisions and Washington has enacted policies to expand abortion access.
West Virginia has enacted a total ban on abortion and claims its pre-Roe criminal abortion ban is enforceable although the ban is currently enjoined.
Wisconsin legislators will try to prohibit abortion. The current governor is supportive of abortion rights and the Attorney General has sued the Speaker and Majority Leader of the Wisconsin Legislature seeking a declaratory judgment that the pre-Roe ban is unenforceable.
Wyoming argues that the state can enforce its trigger ban and its total ban to prohibit abortion entirely. However, both the trigger ban and the total ban are currently enjoined.