In 1973, the U.S. Supreme Court’s landmark Roe v. Wade decision ruled that abortion was a constitutionally protected right. It meant that, for nearly 50 years, there were effectively no restrictions on abortions before the point of viability (23-24 weeks).
In June 2022, the Supreme Court overturned Roe in Dobbs v. Jackson, allowing each state to determine the legality of abortion and solidifying abortion as a key voter issue.
Abortion Restrictions in the U.S.
Source: Associated Press
There are two components to each state’s abortion law: a restriction based on gestational age and exceptions.
If a state has a 15-week abortion ban, it means abortions are legal for any reason prior to 15 weeks of pregnancy and only allowed in exceptional situations at 15 weeks and beyond. Right now, 14 states ban abortions at all gestational ages, nine states & D.C. place no gestational age restrictions on abortion, and 27 states are somewhere in between.
All states have an exception to allow for abortion to protect the life of the mother. Other common exceptions include allowing abortions if the pregnancy is the result of rape or incest or following the diagnosis of a life-limiting fetal anomaly.
We’ve listed each state’s current law below.
Both Sides
The majority of Republicans are pro-life, emphasizing the need to protect vulnerable unborn children. Most Republicans agree that life begins at conception and support laws that ban abortion at most or all gestational ages.
The majority of Democrats are pro-choice, emphasizing women’s bodily autonomy and abortion as healthcare. Most Democrats believe that abortion should be the mother’s choice and support laws that allow abortion for any reason until at least the point of viability (when the baby could potentially survive outside the womb, typically around 23-24 weeks).
There is (some) common ground. Since the Dobbs decision, surveys consistently find:
- 70-80% of Americans oppose third-trimester abortions
- 80-90% of Americans support exceptions to save the life of the mother
Candidate Stances
Vice President Harris believes abortion should be legal through viability (23-24 weeks) and has supported legislation to “restore Roe v. Wade.” While in the Senate, she consistently voted to maintain or expand access to abortions. In March 2024, she visited a Planned Parenthood; it’s believed to be the first time a VP has visited an abortion clinic.
Former President Trump believes the legality of abortion should be left up to the states, and has said he would not sign a federal ban. While in office, he signed executive orders restricting federal funds to international groups that perform abortions and appointed three conservatives to the Supreme Court who eventually helped overturn Roe v. Wade.
Eternal Perspectives
When discussing divisive topics such as abortion, remember that both your position and your posture reflect on Christ. That means humbly loving and caring for the unborn, single parents, women who have received abortions, and people who passionately disagree with you on this topic.
“If you love those who love you, what credit is that to you? Even sinners love those who love them… But love your enemies, do what is good, and lend, expecting nothing in return. Then your reward will be great, and you will be children of the Most High.”
Luke 6:32, 35 (CSB)
State Laws
- Alabama: Banned; exception: for the life of the mother.
- Alaska: No restrictions.
- Arizona: 15 weeks; exception: for the life of the mother. Potential ballot measure to legalize abortion through viability (23-24 weeks). Advocates are gathering signatures.
- Arkansas: Banned; exception: for the life of the mother.
- California: Viability (23-24 weeks); exception: for the life of the mother.
- Colorado: No restrictions. Ballot measure to enshrine current abortion laws (no restrictions) in the state constitution.
- Connecticut: Viability (23-24 weeks); exception: for the life of the mother.
- Delaware: Viability (23-24 weeks); exception: for the life of the mother or lethal fetal anomaly.
- D.C.: No restrictions.
- Florida: Six weeks; exception: for the life of the mother; exceptions for rape & incest through 15 weeks; exception for lethal fetal anomaly until third trimester. Ballot measure to legalize abortion through viability (23-24 weeks).
- Georgia: Fetal heartbeat (~6 weeks); exceptions: for the life of the mother or lethal fetal anomaly; exceptions for rape & incest through 20 weeks.
- Hawaii: Viability (23-24 weeks); exception: for the life of the mother.
- Idaho: Banned; exception: for the life of the mother, rape, or incest.
- Illinois: Viability (23-24 weeks); exception: for the life of the mother.
- Indiana: Banned; exceptions: for the life of the mother or lethal fetal anomaly; exceptions for rape & incest through 10 weeks
- Iowa: 6 weeks; exceptions: for the life of the mother, rape, incest, lethal fetal abnormalities.
- Kansas: 22 weeks; exception: for the life of the mother.
- Kentucky: Banned; exception: for the life of the mother.
- Louisiana: Banned; exception: for the life of the mother or lethal fetal anomaly.
- Maine: Viability (23-24 weeks); exception: for the life of the mother.
- Maryland: No restrictions. Ballot measure to enshrine current abortion laws (no restrictions) in the state constitution.
- Massachusetts: 24 weeks; exception: for the life of the mother or lethal fetal anomaly.
- Michigan: No restrictions.
- Minnesota: No restrictions.
- Mississippi: Banned; exception: for the life of the mother, rape.
- Missouri: Banned; exception: for the life of the mother. Potential ballot measure to legalize abortion through viability (23-24 weeks). Advocates are gathering signatures.
- Montana: Viability (23-24); exception: for the life of the mother. Potential ballot measure to enshrine legal abortion through viability (23-24 weeks) in the state constitution. Advocates are gathering signatures.
- Nebraska: 12 weeks; exception: for the life of the mother, rape, or incest. There are three competing potential ballot measures: 1) to legalize abortion through viability; 2) to prohibit abortions after the 1st trimester; 3) to prohibit all abortions except to save the life of the mother. Advocates for all three are gathering signatures.
- Nevada: 24 weeks; exception: for the life of the mother. Potential ballot measure to enshrine legal abortion in the state constitution. Advocates are gathering signatures.
- New Hampshire: 24 weeks; exception: for the life of the mother or lethal fetal anomaly
- New Jersey: No restrictions
- New Mexico: No restrictions
- New York: Viability (23-24 weeks); exception: for the life of the mother or lethal fetal anomaly.
- North Carolina: 12 weeks; exception: for the life of the mother; exceptions for rape & incest through 20 weeks; exception for lethal fetal anomaly through 24 weeks.
- North Dakota: banned; exceptions: for the life of the mother; exceptions for rape & incest through 6 weeks.
- Ohio: Viability (23-24 weeks); exception: for the life of the mother.
- Oklahoma: Banned; exception: for the life of the mother.
- Oregon: No restrictions.
- Pennsylvania: 24 weeks; exception: for the life of the mother.
- Rhode Island: Viability (23-24 weeks); exception: for the life of the mother.
- South Carolina: Fetal heartbeat (~6 weeks); exceptions: for the life of the mother or lethal fetal anomaly; exceptions for rape & incest through 12 weeks.
- South Dakota: Banned; exception: for the life of the mother.
- Tennessee: Banned; exception: for the life of the mother.
- Texas: Banned; exception: for the life of the mother.
- Utah: 18 weeks; exceptions: for life of the mother, lethal fetal anomaly, rape, or incest.
- Vermont: No restrictions.
- Virginia: Third trimester (27 weeks); exception: for the life of the mother.
- Washington: Viability (23-24); exception: for the life of the mother.
- West Virginia: Banned; exceptions: for the life of the mother or lethal fetal anomaly, exceptions for rape & incest through 8 weeks.
- Wisconsin: 22 weeks; exception: for the life of the mother.
- Wyoming: Viability (23-24 weeks); exceptions: for the life of the mother, rape, or incest.
This is part of our Election Collection articles series, created to help Christians grow in understanding and compassion on key issues surrounding the 2024 presidential election.
Last Updated: July 30, 2024
