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Here Are The States That Will Protect Abortion Rights Now That Roe V. Wade Has Been Overturned

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States That Will Protect Abortion Rights Now That Roe V. Wade Has Been Overturned

In a 6-3 decision, the Supreme Court has overturned Roe v. Wade, the landmark ruling that established the constitutional right to abortion in the US in 1973.

The controversial decision, that had been expected since a draft of the ruling was leaked in early May, will now allow states to make their own laws around abortion.

These laws will no longer have to adhere to Roe, which permitted abortion within the first two trimesters of pregnancy.

States across the US had already been lining up trigger laws to go into effect once the decision was reached and almost half of all states are expected to outright ban or severely restrict abortion access.

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However, several blue states have been putting measures in place to ensure the right to safe, legal abortion is protected. 

These states are likely to become crucial safe havens for abortion access as surrounding states reverse decades of progress for reproductive rights.

Here are the states that will protect abortion rights:

California

According to the state's Health and Safety Code, the right to obtain an abortion is protected until the fetus is considered viable, this is at approximately 24 weeks.

Late-term abortions are also legal in cases where the procedure is necessary to save the patient's life or health.

Colorado

In April, Gov. Jared Polis signed a bill into law that guarantees a person’s right to have an abortion. 

The law does not define a stage of pregnancy after which abortion is no longer legal.

“A pregnant individual has a fundamental right to continue a pregnancy and give birth or to have an abortion and to make decisions about how to exercise that right,” the law states, “And a fertilized egg, embryo, or fetus does not have independent or derivative rights under the laws of the state."

Connecticut

Connecticut protects a person’s right to an abortion “prior to viability of the fetus,” and permits late-term abortions “necessary to preserve the life and health of the pregnant woman.”

On July 1, a new law will go into effect in the state that protects abortion providers and out-of-state patients from lawsuits or criminal action.

Delaware

Abortion rights are protected until a fetus becomes viable and after the point of viability if a person’s health is at risk.

Post-viability abortions are also prohibited if a fetus is determined to be unable to survive outside of the uterus "without extraordinary medical measures," according to Delaware State Code.

Hawaii

Abortion is legal until a fetus is considered viable or if an abortion would protect the life or health of the pregnant person.

The state also cannot "deny or interfere with a female's right to choose or obtain an abortion of a nonviable fetus," according to state law.

Illinois

Under Illinois state law, a fertilized egg, embryo or fetus does not have protected individual rights.

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Abortion is legal until a fetus is considered viable. After the point of viability, abortion is legal when "the abortion is necessary to protect the life or health of the patient."

Maine

Abortion rights are protected until a fetus becomes viable and in cases where continuing a pregnancy would put someone’s health at risk.

Additional limitations, such as counseling, are in place for minors accessing abortion.

If an abortion procedure results in a live birth, providers are required to attempt to preserve life.

Maryland

Abortions are legally protected up until the fetus is deemed viable. After viability, an abortion can only be provided if it would protect the life or health of the pregnant person.

Abortions are also legal in cases where the fetus is "affected by a genetic defect or serious deformity or abnormality," according to the state's Health Code.

Massachusetts

Massachusetts law allows the provision of abortion care until 24 weeks and in circumstances where the patient’s life or health is at risk or the fetus has a lethal genetic anomaly.

Minors under the age of 16 are required to receive consent from a legal guardian or judge.

Nevada

Nevada is one of the few states with abortion rights in its constitution. Abortions can be performed within the first 24 weeks of pregnancy. 

After 24 weeks, abortions may only be carried out to preserve the life or health of the pregnant person.

Because the law was approved via a referendum, the state would have to put it to a vote if it were to be overturned.

New Jersey

The right to abortion is protected at all stages of pregnancy in New Jersey.

New York

In 2019, New York state passed a law to preserve access to abortions in the event that Roe v. Wade was overturned. 

Abortions can be legally performed in New York up to 24 weeks into pregnancy for any reason and can be performed after that if the fetus is no longer viable or the patient's life or health is at risk.

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Gov. Kathy Hochul affirmed this right in a tweet moments after the Supreme Court’s decision was shared.

Oregon

Oregon law states that a person’s choice to receive an abortion cannot be deprived by a public body nor can a public body interfere with a medical professional providing the service.

The state does not define a time after which abortions can longer be performed.

Rhode Island

A 2019 law bans the state from restricting abortions before the fetus is considered viable. The procedure is legal after viability when the health or life of the patient is at risk.

Vermont

A 2019 law declared that the state would “recognize as a fundamental right the freedom of reproductive choice” and “prohibit public entities from interfering with or restricting the right of an individual to terminate the individual’s pregnancy.”

The law does not have limitations restricting abortions past a certain stage of pregnancy.

Washington

State law protects a person's right to receive an abortion before viability e and in cases where the procedure would protect the life or health of the pregnant person.

Amendments to this long-standing law were made earlier this year that guaranteed abortion rights regardless of gender identity, allowing the law to apply to transgender and nonbinary people.

Washington D.C.

The right to access an abortion is protected in D.C. in all stages of pregnancy, including late-stage and third-trimester abortions. 

D.C. is considered to have some of the least restrictive abortion laws in the nation.

RELATED: What It’s Like To Have A Miscarriage In A State Where Abortions Are Effectively Banned

Alice Kelly is YourTango’s Deputy News and Entertainment Editor. Based in Brooklyn, New York, her work covers all things social justice, pop culture, and human interest. Keep up with her Twitter for more.

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