Partial Birth Abortion Bans

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So-called "Partial Birth Abortion" Bans in the States

Since the mid-1990s, many states have adopted bans—often called "partial-birth abortion" bans by its proponents —that outlaw abortions that doctors say are among the safest, starting as early as 12 weeks of pregnancy. These bans are a deceptive and unconstitutional attempt to prohibit these early abortions and part of a larger agenda to prohibit all abortions.

The term "partial-birth abortion" is not a recognized medical term, but an inflammatory political phrase intended to misrepresent what the laws cover. In reality, the laws describe steps that doctors routinely take in performing abortions as early as 12-15 weeks. If these bans go into effect, they would outlaw these steps which doctors consider to be among the best to protect women's health.

On June 28th, 2000, the U.S. Supreme Court struck down a Nebraska ban on so-called "partial-birth abortion," finding it an unconstitutional violation of Roe v. Wade, the landmark decision that guaranteed women's rights to choose abortion 30 years ago. The Court's decision has rendered similar bans in over 30 states unconstitutional or unenforceable.

Learn more about the Center's challenge to the federal abortion ban > >

The chart below indicates for each state whether or not a so-called "partial-birth abortion" ban is in effect.The states listed below in gray have not passed "partial-birth abortion" bans.

Last Updated 2/22/06

Alabama
Law permanently blocked. (U.S. District Court, 2/26/01).

Alaska
Law permanently blocked. (Alaska Superior Court, 3/13/98).

Arizona
Law permanently blocked. (U.S. District Court, 10/27/97).

Arkansas
Law permanently blocked. (U.S. Court of Appeals, Eighth Circuit affirmed district court's permanent injunction, 9/24/99).

California

Colorado

Connecticut

Delaware

Florida
Law permanently blocked (U.S. District Court issued permanent injunction against second abortion ban statute, 7/6/00.) First statute permanently blocked (U.S. District Court, 12/2/98).

Georgia
Law limited to post-viability bans on abortion, with life and health exceptions.

Hawaii

Idaho
Law permanently blocked. (U.S. District Court, 10/12/99)

Illinois
Law permanently blocked. (U.S. Court of Appeals, Seventh Circuit affirmed district court's permanent injunction, 4/26/01).

Indiana
Law unchallenged. Ban is unenforceable due to Supreme Court ruling.

Iowa
Law permanantly blocked. (U.S. Court of Appeals, Eighth Circuit affirmed district court's permanent injunction, 7/1/99).

Kansas
Law limited to post-viability bans on abortion, with life and health exceptions.

Kentucky
Law permanently blocked (U.S. Court of Appeals, Sixth Circuit affirmed district court's permanent injunction, 7/31/00).

Louisiana
Law permanently blocked (U.S. Court of Appeals, Fifth Circuit affirmed district court judgment declaring "partial-birth abortion" ban unconstitutional, 8/17/00).

Maine

Maryland

Massachusetts

Michigan
New law, called the "Legal Birth Definition Act," permanently blocked (U.S. District Court, 9/12/05). Second law permanently blocked (U.S. District Court, 4/26/01). First statute permanently blocked, (U.S. District Court, 7/31/97).

Minnesota

Mississippi
Law unchallenged. Ban is unenforceable due to Supreme Court ruling.

Missouri
Law permanently blocked (U.S. Court of Appeals, Eight Circuit, affirmed district court's permanent injunction, 11/28/05).

Montana
Law limited to post-viability bans on abortion, with life and health exceptions.

Nebraska
Law permanently blocked. (U.S. Supreme Court 6/28/00).

Nevada

New Hampshire

New Jersey
Law permanently blocked (U.S. Court of Appeals, Third Circuit affirmed district court's permanent injunction, 7/26/00)

New Mexico
Law limited to post-viability bans on abortion, with life and health exceptions.

New York

North Carolina

North Dakota
Law unchallenged. Ban is unenforceable due to Supreme Court ruling.

Ohio
Law upheld (U.S. Court of Appeals, Sixth Circuit reversed judgment and vacated district court's permanent injunction, 12/17/03). First statute permanently blocked, (U.S. Court of Appeals, Sixth Circuit affirmed district court's permanent injunction, 11/18/97).

Oklahoma
Law unchallenged. Ban is unenforceable due to Supreme Court ruling.

Oregon

Pennsylvania

Rhode Island
Law permanently blocked (U.S. Court of Appeals, First Circuit affirmed district court's permanent injunction, 2/13/01).

South Carolina
Law unchallenged. Ban is unenforceable due to Supreme Court ruling.

South Dakota
Law unchallenged. Ban is unenforceable due to Supreme Court ruling.

Tennessee
Law unchallenged. Ban is unenforceable due to Supreme Court ruling.

Texas

Utah
Amended law blocked by temporary restraining order (U.S. District Court 5/4/04).

Vermont

Virginia
Law permanently blocked (U.S. Court of Appeals, Fourth Circuit affirmed district court's permanent injunction, 6/3/05). First statute permanently blocked (U.S. Court of Appeals, Fourth Circuit affirmed district court's permanent injunction, 8/9/00).

Washington

West Virginia
Law permanently blocked (U.S. District Court, 7/7/00).

Wisconsin
Law permanently blocked (U.S. Court of Appeals, Seventh Circuit reversed district court's denial of permanent injunction, 4/26/01).

Wyoming