Showing posts with label abortion laws by state. Show all posts
Showing posts with label abortion laws by state. Show all posts

Thursday, January 24, 2013

Abortion Laws - MA, MI, MN, MS

Massachusetts - #16 - B-
29% of Massachusetts counties have no abortion provider.
Bans
Massachusetts has not repealed its pre-Roe ban, though it is now unconstitutional and unenforceable.

Biased Counseling and Insurance Prohibition
Partially unenforceable/unconstitutional requirement that a woman receive and sign a packet of state-approved materials 24 hours before an abortion.
Health insurance policies provided by the state for its employees may not provide abortion coverage for certain post-viability procedures, with exceptions for the woman's health.

Refusal Clause
No one's required to participate in abortions or sterilization procedures. Private hospitals don't have to provide/refer contraception, and religious organizations don't have to provide contraception or abortion insurance coverage.

Restriction on Young Women's Access to Abortion
Unmarried women under 18 must obtain the consent of one parent.

TRAP Laws
Unconstitutional and unenforceable restriction that abortions after 12 weeks must be performed in hospitals.

News Stories
Court upholds Massachusetts Abortion Clinic Buffer Law
Wiki entry on John Salvi, who murdered abortion clinic workers in Massachusetts in 1994


Michigan - #32 - F
83% of Michigan counties have no abortion provider.
Bans
Several bans, almost all of which are unconstitutional and unenforceable. But they keep trying.

Biased Counseling and Counseling Ban
24 hours before an abortion a woman must receive a state-approved packet of materials.
State Department of Community Health funds for pregnancy prevention cannot be used to counsel about or refer to abortion. They also must give funding priority to organizations that do not provide abortion except in the case of emergency.

Refusal Clause
No one has to participate in abortions; religious employers may choose not to provide contraception coverage.

Restrictions on Low Income Women's and Young Women's Access to Abortion
Public funding for abortion is prohibited except to save the woman's life or in cases of rape or incest.
Women under the age of 18 must obtain parental consent from one parent with no exceptions for rape, incest, or child abuse.

TRAP Laws
Facilities have their own unique licensing scheme, effectively requiring abortion clinics to be mini-hospitals. Doctors must have referring privileges at local hospitals.

News Stories
Michigan governor signs new abortion law


Minnesota - #18 - C+
95% of Minnesota counties have no abortion provider.
Biased Counseling and Counseling Ban
24 hours before getting an abortion a woman has to sit through a state-approved lecture, in person or by telephone.
Family planning grants from the state can't go towards abortion. They also can't make grants under the "Positive Abortion Alternatives" program for abortion services.

Restrictions on Young Women's Access to Abortion
Women under 18 must wait 48 hours after notice is delivered to BOTH parents, either by certified mail or in person by the attending physician. Waived in cases of child abuse.

TRAP Laws
Abortions after the first trimester must be done in a hospital or licensed "abortion facility" (which usually have to be mini-hospitals themselves.)


Mississippi - #48 - F
99% of Mississippi counties have no abortion provider. (Soon to be 100%!)
Bans
Several unconstitutional and unenforceable bans on abortion, with one near-total criminal ban on abortion to take effect if Roe v Wade is ever repealed.

Biased Counseling, Counseling Ban, and Insurance Prohibition
24 hours before getting an abortion a woman must sit through an in-person, state approved lecture by the attending physician.
Public school nurses are prohibiting from counseling about abortion. No money from the Mississippi Children's Trust Fund may be used for abortion counseling or services.
No public funds can be used for abortions for state employees, except for rape or incest of inviability of the fetus. Insurance plans under the new state exchange cannot cover abortion except for rape, incest, or health of the mother.

Refusal Clause
No one is required to participate in ANY health care service.

Restrictions on Low Income Women's and Young Women's Access to Abortion
Prohibits public funding for abortion except in cases of rape, incest, to save the life of the mother, or if the fetus is not viable.
Unmarried women under 18 must obtain the written consent of both parents. No exception for rape, incest, or child abuse.

TRAP Laws
The TRAP laws in Mississippi are forcing the state's sole remaining abortion provider to close its doors. After remodeling and following all the mini-hospital guidelines, none of the doctors have been able to secure admitting rights at any nearby hospitals. The law requires them to have such rights, but does not require the hospitals to give it to them. Which shuts them down. The LAST REMAINING CLINIC IN THE STATE. All of the surrounding states have 24 hour delay laws, which means the women of Mississippi will have to travel out of state, stay overnight in a hotel, and THEN get an abortion. As if getting an abortion wasn't stressful enough.

Other laws
Section 97-29-11 of the Mississippi Code makes being the parent of an illegitimate child a misdemeanor, and requires that the State Health Department report out-of-wedlock births each month. The misdemeanor is punishable by “not less than thirty (30) days nor more than ninety (90) days or by a fine of not more than Two Hundred Fifty Dollars ($250.00), or both.” For repeat offenses, the jail time and fine double.  While this policy is not enforced, it is still valid law in Mississippi.

News Stories
Mississippi's last clinic fights to stay open
Mississippi and the state of Abortion 40 years after Roe


National Report Card
Part 1: Intro and Alabama, Alaska, Arizona, Arkansas
Part 2: California, Colorado, Connecticut, Delaware
Part 3: Florida, Georgia, Hawaii, Idaho
Part 4: Illinois, Indiana, Iowa, Kansas
Part 5: Kentucky, Louisiana, Maine, Maryland
Part 6: this post

Wednesday, January 23, 2013

Abortion Laws - KY, LA, ME, MD

Kentucky - #41 - F
98% of Kentucky counties have no abortion provider.
Bans
Unconstitutional and unenforceable criminal ban on abortions after 12 weeks.

Biased Counseling, Counseling Ban, and Insurance Prohibition
Partially unenforceable law about the state-sponsored packet of materials that must be received 24 hours before an abortion. Court blocked the in-person requirement; still must get it by mail or telephone counseling session.
Hospitals providing sexual assault care cannot inform the woman of her option to abort. School districts can't offer information or referrals to/about abortion.
Insurance can't cover abortion except to protect the life of the mother, unless the woman buys an optional insurance rider.

Refusal Clause
No one is required to participate in abortions.

Public Facilities Restriction
Abortions may not be obtained at publicly owned hospitals or other publicly owned healthcare facilities except to save the life of the mother.

Restrictions on Low Income Women's and Young Women's Access to Abortion
Prohibits public funding from being used for abortions except in the case of rape, incest, or danger to the life of the mother. Portions of the law are unconstitutional and unenforceable.
Unmarried women under the age of 18 must obtain parental consent from one parent with no exceptions for rape, incest, or child abuse.

TRAP Laws
Doctors must have admitting privileges at local hospitals, abortion facilities have specific regulations, and clinics are susceptible to inspections at any time with no provisions made for the privacy of patients.

Other Laws
"If . . . the United States Constitution is amended or relevant judicial decisions are reversed or modified, the declared policy of this Commonwealth to recognize and to protect the lives of all human beings regardless of their degree of biological development shall be fully restored."
News Stories
Kentucky heading for more anti-abortion legislation


Louisiana - #50 - F
92% of Louisiana counties have no abortion provider.
Bans
Several unconstitutional and unenforceable bans on abortion.

Biased Counseling, Counseling Ban, and Insurance Prohibition
A woman seeking an abortion must sit through a lengthy state-approved lecture by the doctor at least 24 hours before the abortion.
No one employed by the state or receiving government funds can advocate for abortion.
Health insurance policies in the state cannot cover abortion, no exceptions.

Refusal Clause
No one is required to participate in abortions except in emergencies to save the life of the mother.

Public Facilities Restriction
No public facilities or public funds can be used for abortion except to save the life of the mother.

Restrictions on Low Income Women's and Young Women's Access to Abortion
Prohibits public funding for abortion except to preserve the life of the mother or in cases of rape or incest (reported to law enforcement).
Women under the age of 18 must obtain consent from one parent, with no exceptions for rape, incest, or child abuse.

TRAP Laws
I don't even know how to summarize this, just check the link. Unique requirements for the facility, unique medical malpractice liability, other stuff.

Other laws
"The Legislature does solemnly declare and find in reaffirmation of the longstanding policy of this State, that the unborn child is a human being from the time of conception and is, therefore, a legal person for purposes of the unborn child's right to life and is entitled to the right to life from conception under the laws and Constitution of this State. . . . [I]f those [abortion-related] decisions of the United States Supreme Court are ever reversed or modified or the United States Constitution is amended to allow protection of the unborn then the former policy of this State to prohibit abortions shall be enforced." 
News Stories
Report says Louisiana is the most pro-life state


Maine - #7 - A
69% of Maine counties have no abortion provider.

Refusal Clause
Maine has some pretty extensive refusal laws. People don't have to participate; pharmacists don't have to fill prescriptions if it's against their conscience, religious employers don't have to cover contraception in their insurance plans.

Restrictions on Low Income Women's and Young Women's Access to Abortion
Prohibits public funding for abortion except in cases of rape or incest, or to save the life of the mother.
Women under 18 must obtain consent from one parent with no exception for rape, incest, or child abuse.

TRAP Laws
Only licensed physicians may provide abortions.



Maryland - #5 - A
63% of Maryland counties have no abortion provider.

Refusal Clause
No one is required to participate in abortions, sterilizations, or artificial inseminations. Religious employers are not required to provide contraception coverage in their insurance.

Restrictions on Young Women's Access to Abortion
Women under 18 cannot get an abortion until one parent has been notified, unless the physician believes notifying the parent would not be in the best interests of the minor. No exception for rape, incest, or child abuse.

TRAP Laws
Maryland's trap laws are somewhat reasonable. A facility that provides surgical abortion as a regular service must be licensed as a surgical facility.

News Stories
Anti-Choice protestor disturbs inauguration



This post is part of a series.

National Report Card
Part 1: Intro and Alabama, Alaska, Arizona, Arkansas
Part 2: California, Colorado, Connecticut, Delaware
Part 3: Florida, Georgia, Hawaii, Idaho
Part 4: Illinois, Indiana, Iowa, Kansas
Part 5: Kentucky, Louisiana, Maine, Maryland
Part 6: Massachusetts, Michigan, Minnesota, Mississippi

Tuesday, January 22, 2013

Abortion Laws - IL, IN, IA, KS

Illinois - #17 - B-
92% of Illinois counties have no abortion provider

Bans
Unconstitutional and Unenforceable ban on abortion.

Counseling Ban and Insurance Prohibition
Grants provided under the "Problem Pregnancy Health Services and Care Act" which is designed to "expand and improve the availability of, and access to, needed comprehensive community services which assist problem pregnancies and to obtain proper care and assistance to those persons in need" cannot include reference to or about abortion.
Insurance paid for with state funds can't cover abortion.

Refusal Clause
No one is required to perform an abortion.

Restrictions on Young Women's Access to Abortion
Unenforceable currently, pending court judgment. Would require parental notification.

TRAP Laws
Requires abortion facilities to be ambulatory surgical treatment centers, regardless of types of abortions performed.

Other Laws
The General Assembly "solemnly declare[s] and find[s] in reaffirmation of the longstanding policy of this State, that the unborn child is a human being from the time of conception and is, therefore, a legal person for purposes of the unborn child's right to life and is entitled to the right to life from conception under the laws and Constitution of this State. . . . [I]f those [abortion-related] decisions of the United States Supreme Court are ever reversed or modified or the United States Constitution is amended to allow protection of the unborn then the former policy of this State to prohibit abortions unless necessary for the preservation of the mother's life shall be reinstated." 

Indiana - #36 - F
95% of Indiana counties have no abortion provider.
Bans
Ban after 20 weeks or viability, whichever is earlier. Ban after 12 weeks ruled unconstitutional&unenforceable.

Biased Counseling, Counseling Ban, and Insurance Prohibition
At least 18 hours before an abortion, the woman must sit through a state-approved lecture. The employees of the Indiana Office of Women's Health may not advocate for, promote, or refer to abortion. Health insurance policies under the new state exchange may not cover abortion except for the health of the mother, rape, or incest.

Refusal Clause
No one is required to perform or participate in abortions.

Restriction on Low Income Women's and Young Women's Access to Abortion
Prohibits public funding for abortion.
Women under age 18 must obtain written consent from one parent, with no exceptions for rape, incest, or child abuse.

TRAP Laws
The State department of Health has authority to enact further trap laws without government approval. Abortions must be performed in hospital/hospital licensed facilities. All abortion providers must have admitting privileges with local hospitals.

News Stories
Fetal Anomalies and Medication Abortion Next Targets of Indiana's Anti-Choice Legislature


Iowa - #19 - C+
91% of Iowa counties have no abortion provider.
Bans
Unconstitutional and unenforceable ban after 12 weeks.

Refusal Clause
Individuals and Hospital that are not controlled, maintained, or supported by a public authority may refuse to perform or participate in abortions except in emergencies.

Restriction on Low Income Women's and Young Women's Access to Abortion
Prohibits public funding for abortion care unless the pregnancy threatens the life of the mother, the fetus is physically deformed, mentally deficient, or affected with a congenital illness, or the pregnancy is the result of rape (reported within 45 days of the occurrence) or incest (reported within 150 days of the occurrence).
Unmarried women under the age of 18 cannot get an abortion until 48 hours after one parent has been notified by certified mail or in person with the attending physician. Includes exceptions for child abuse, rape, and incest.

TRAP Laws
Only physicians licensed in surgery may perform abortions.


Kansas - #46 - F
97% of Kansas counties have no abortion provider.
Bans
Criminal ban on abortion after 22 weeks, measured from the woman's last menstrual period. In addition, allows the offending physician to be sued by the woman, her spouse, and her parents if under 18.

Biased Counseling, Counseling Ban, and Insurance Prohibition
24 hours before the abortion a woman must receive an extensive packet of state approved materials.
Kansas Department of Health may not enter contracts with organizations that provide abortions.
Health Insurance Policies may not cover abortion unless a woman purchases an optional rider.

Public facilities and employees ban
No public facilities or employees may participate in abortions.

Refusal Clause
No one may be required to perform/participate in an abortion or sterilization. In addition, no one may be required to provide birth control, including pharmacists.

Restrictions on Low Income Women's and Young Women's Access to Abortion
Prohibits public funding for abortion except to save the life of the mother or in cases of rape or incest.
Women under the age of 18 must obtain consent of BOTH parents, with the exception of incest. Additionally, she must attend a counselling session with a parent, guardian, or other trusted party over the age of 21.

TRAP Laws
Abortion providers are subject to their own, very restrictive set of laws. They must be located within 30 miles of a hospital, and every physician at the clinic must have admitting privileges at that hospital. All facilities must be open to inspection at least twice a year, one of these without notice. Records must be available for inspection, with no privacy for the patients. (This section is fairly extensive, I'm not going to reiterate it all here.)

Other News Stories
Kansas is probably the most well-known for the murder of Dr. George Tiller, one of the last doctors to provide late-term abortions in the U.S. His clinic is set to reopen this spring, after four years. They had to remodel it to meet TRAP laws first. Abortion opponents are trying to stop the remodel.
The ACLU has given up trying to stop the Insurance Ban from going into effect, but it's going to court anyway.



This entry is part of a series on abortion laws across the U.S. Other parts can be found here:
National Report Card
Part 1: Intro and Alabama, Alaska, Arizona, Arkansas
Part 2: California, Colorado, Connecticut, Delaware
Part 3: Florida, Georgia, Hawaii, Idaho
Part 4: this post

Part 5: Kentucky, Louisiana, Maine, Maryland
Part 6: Massachusetts, Michigan, Minnesota, Mississippi

Wednesday, January 16, 2013

Abortion Laws - FL, GA, HI, ID

Part 3 in a series.

Florida - #29 - F
72% of Florida counties have on abortion provider.
Bans
Unconstitutional and unenforceable ban after 12 weeks.

Biased Counseling and Insurance Prohibition
May not obtain an abortion until provided a state-approved pack of information as well as a mandatory ultrasound.
Health insurance provided by the new state exchange established under the new health care laws may not include abortion if paid in part or full by state or federal funds, including tax credits or cost-sharing credits.

Refusal Clause
No one can be forced to provide any abortion OR CONTRACEPTIVE services. Yes, this means a pharmacist can refuse to fill a prescription for birth control.

Restrictions on Low Income Women's and Young Women's Access to Abortion
No public funds can be used for abortion services except in cases of rape or incest or to save the life of the mother.
No young woman under the age of 18 can receive an abortion until 48 hours after one parent is notified by telephone or in person by the attending physician. If parents cannot be notified, there must be a 72 hour wait after notification is sent by certified mail. Not waived in case of rape, incest, or child abuse. Waived in case of emergency.

TRAP laws
Abortion clinics must keep records of patients for five years, organized for easy retrieval. No limitation on who may have access to the records, and no guarantee of privacy for the patient. Abortion clinics must also obtain special "abortion clinic" licenses.


Georgia - #30 - F
94% of Georgia counties have no abortion provider.
Bans
Abortions after 20 weeks prohibited. Unconstitutional, Unenforceable ban on abortion after 12 weeks.

Biased Counseling
24 hour wait after receiving a state-approved lecture covering the usual: age of the fetus, development, estimate of viability, adoption services, pre-natal resources, etc. If she chooses to review the materials in written form she must wait 72 hours.

Refusal Clause
No one is required to participate in an abortion. Pharmacists are not required to fill or refill contraception prescriptions. County and State employees are not required to participate in Family Planning Services. No one is required to participate in sterilizations.

Restrictions on Low Income Women's and Young Women's Access to Abortion
Prohibits public funding for abortion except in cases of rape, incest, or danger to the life of the mother.
Women under 18 must wait 24 hours after a parent is notified by the attending physician, or 72 hours after mailing notification by certified mail. No exception for rape, incest, or child abuse. The young woman can, however, provide a signed statement from the parent saying they've been notified; the 24 hour wait can be waived if the parent certified in writing they have previously consulted with the young woman or if the parent accompanies the young woman to the procedure.

TRAP laws
Abortion facilities must be "available at all reasonable or scheduled operating hours for observation and examination" by state officials. No regulations provided for the safety or privacy of patients. All abortions other than D&E procedures must be performed in a licensed hospital or ambulatory surgical centers.

News Stories
Georgia's 20 week ban blocked temporarily by state judge



Hawaii - #4 - A
20% of Hawaii counties have on abortion provider.
No bans other than the Federal ban

Refusal Clause
No person or hospital may be required to participate abortion procedures. They must make reasonable efforts to find the patient a doctor that will provide the necessary services and continue to provide care until the patient is transferred.
Religious employers, defined as non-profit organizations whose sole purpose is a religious one and primarily employs people who share the religious values of the company, are not required to provide coverage for contraceptive services in their insurance plans.

TRAP laws
Only a licensed physician, surgeon, or osteopathic physician or surgeon may perform abortions.


Idaho - #44 - F
95% of Idaho counties have no abortion provider.

Bans
Ban after 20 weeks, no exceptions. Unconstitutional, unenforceable ban after 12 weeks that also outlines punishments for providers, including jail time, fines, and loss of medical license.

Biased Counseling and Insurance Prohibitions
24 hour waiting period after being provided with state-approved packet of materials.
Disability insurance policies, individual insurance policies, and managed care plans may not include insurance coverage with an exception only to save the woman's life. Abortion coverage may only be obtained by an optional rider paid for with additional fees; no requirements for insurance companies to offer the rider. Health insurance offered in the new state exchange may not include abortion coverage with exceptions to save a woman's life or in cases of rape or incest.

Refusal Clause
No one can be forced to participate in abortion or sterilization services; refusal must be in writing. Exceptions for emergencies.

Restrictions on Low Income Women's and Young Women's Access to Abortion
Prohibits public funding for abortion except for saving the life of the mother, rape, or incest. Rape or incest must be documented by law enforcement or attending physician; a requirement that it be verified by two physicians was deemed unconstitutional.
Young women under 18 may not obtain abortions unless they obtain the consent of one parent, except in cases of emergency, rape, or incest. No exception for child abuse.

TRAP laws
Unconstitutional requirement that all second-trimester abortions be done in a hospital. Providers must have "satisfactory" transfer arrangements with one or more acute-care hospitals within reasonable proximity. No exceptions for rural area clinics, or requirements for hospitals to make the agreements. Only physicians licensed by the state to practice medicine and surgery, or osteopathic medicine and surgery may perform abortions.

Idaho state code states:
"The supreme court of the United States having held in the case of 'Planned Parenthood v. Casey' that the states have a 'profound interest' in preserving the life of preborn children, Idaho hereby expresses the fundamental importance of that 'profound interest' and it is hereby declared to be the public policy of this state that all state statutes, rules and constitutional provisions shall be interpreted to prefer, by all legal means, live childbirth over abortion." 
News Stories
Idaho lawmaker compares abortion to prostitution

Other posts in this series:
NARAL's Report Card
Part 1: Intro, Alabama, Alaska, Arizona, and Arkansas
Part 2: California, Colorado, Connecticut, Delaware
Part 3: this post
Part 4: Illinois, Indiana, Iowa, Kansas
Part 5: Kentucky, Louisiana, Maine, Maryland
Part 6: Massachusetts, Michigan, Minnesota, Mississippi

Tuesday, January 15, 2013

Abortion/Contraception Laws: CA, CO, CT, DE

California - #1 - A+
22% of California counties have no abortion provider.
No bans other than the federal ban on certain second-trimester abortions.

Refusal Clause
Allows certain people/organizations to refuse to have anything to do with abortion services; does not apply to pharmacists. Applies to doctors, nurses, and religious organizations. Does not apply in emergency medical situations. Health-care providers can refuse to provide care they don't agree with, but must assist the patient in transferring to a doctor who will provide such care. Religious employers who disagree with contraception may exclude it from their insurance plans.Only applies to employers who are non-profit religious organizations who primarily employ people who share the religious tenets of the organization.

Restrictions on Young Women's Access to Abortion
Ruled unconstitutional and unenforceable, this law would require a woman under the age of 18 to obtain parental consent before getting an abortion, regardless of rape/incest/child abuse.

TRAP Laws
Only licensed physicians or surgeons may provide surgical abortions. Only licensed physicians, surgeons, or someone who has obtained a specific license for it may provide non-surgical abortions.

California has written the freedom of choice into their state laws:
"The legislature finds and declares that every individual possesses a fundamental right of privacy with respect to personal reproductive decisions. . . Every individual has the fundamental right to choose or refuse birth control. . . Every woman has the fundamental right to choose to bear a child or to choose and to obtain an abortion. . . The state shall not deny or interfere with a woman's fundamental right to choose to bear a child or to choose and obtain an abortion. . ."

Pharmacists are prohibited from refusing to fill contraception prescriptions. California has a protection from clinic violence policy, and allows for Medicaid/public funds to be used for low income women's family planning and abortion services.

Colorado - #22 - C+
78% of Colorado counties have no abortion provider.
Bans
Colorado has an unenforceable, pre-Roe ban on abortion.

Refusal Clause
Hospitals, hospital staff members, and people employed by hospitals may refuse to do any abortion services, but the refusal must be in writing. Private institutions, physicians, and the employees of such may refuse to offer contraception or abortion services. County and City employees may refuse to offer family planning services. No hospital or person may be required to participate in a sterilization. None of these refusal clauses have exceptions for emergencies.

Restrictions on Low Income Women's and Young Women's Access to Abortion
Colorado prohibits public funding for abortion except in the case of rape, incest, or danger to the life of the mother. Some of these provisions conflict with federal law that allows Medicaid to be used for abortion; therefore they are, for the most part, unenforceable.
Women under 18 must wait 48 hours after notification has been sent to at least one parent, by certified mail or personally delivered by the attending physician. Not waived in cases of rape or incest, but waived in cases of child abuse if the physician has reported the abuse. Also waived in emergencies. These requirements may be waived by a judge.

TRAP Laws
A law predating Roe v Wade requires all abortions to be performed in a hospital; ruled unconstitutional. Only licensed health-care professionals may provide abortions.  (I certainly have no problem with that.)

News Stories
Colorado Senate proposes "gender-based" abortions ban (uh, there's nothing suggesting these are happening...)
Bill proposed to make abortion a class 3 felony


Connecticut - #3 - A
13% of Connecticut counties have no abortion provider.
No bans other than the federal ban on certain second-trimester abortions.

Refusal Clause
No person may be required to participate in any part of an abortion for any reason. Religious organizations may refuse to provide insurance coverage for contraception and abortion services.

TRAP Laws
Clinic that provide abortions, whether surgical or not, must have a standard operating room. Clinics must hire counselors who are supervised by a person with a graduate degree or training in social work, psychology, counseling, nursing, or ministry. Only licensed physicians may perform abortions; however the CT Attorney General has issued an opinion stating this only applied to surgical abortions, and that state-licensed nurses, mid-wives, and physician's assistants may provide mifepristone (medical abortion drug) as long as they are acting under a licensed physician.

Young Women's Access to Abortion
Women under the age of 18 must have a counseling session before an abortion, explaining options and exploring the possibility of involving the young woman's parents.


Delaware - #21 - C+
33% of Delaware counties have no abortion provider.
Bans
Unconstitutional and unenforceable pre-Roe blanket ban on abortion.

Counseling and Delay Requirements
Cannot receive an abortion until 24 hours after she gives her own written consent. Prior to giving consent, the woman must sit through state-mandated counseling. (Standard pack - other options, effects on future children, risks, etc) Waiting period has been ruled unconstitutional and unenforceable.

Refusal Clause
No person or hospital may be forced to participate in an abortion. Religious employers may refuse to provide insurance coverage for contraception and abortion services.

Restriction on Low Income Women's and Young Women's Access to Abortion
Prohibits public funding for abortion unless the life of the mother is in danger, or the pregnancy is the product of rape or incest reported to the police. (Exception, the physician notes in writing that the woman had just cause for not reporting the rape to police.)
Women under the age of 16 may not receive an abortion until 24 hours after one parent has been notified. No exceptions for rape or incest, only for emergencies.

TRAP Laws
Only a state-licensed physician may provide abortions.


This is part two in my "Abortion Laws by State" series, you can find the other parts here:
NARAL's Report Card
Part 1: Introduction and Alabama, Alaska, Arizona, and Arkansas
Part 2: This post
Part 3: Florida, Georgia, Hawaii, Idaho
Part 4: Illinois, Indiana, Iowa, Kansas
Part 5: Kentucky, Louisiana, Maine, Maryland
Part 6: Massachusetts, Michigan, Minnesota, Mississippi

Monday, January 14, 2013

Abortion/Contraception Laws: AL, AK, AZ, AR

Yesterday I posted NARAL's pro-choice report card of the United States, in which the country as a whole received a D. Which didn't surprise me, but did surprise Elena-Maria of Wiccan Fusion. Her comment made me realize that I do get page views from outside of the U.S. and those visitors probably don't know what's been happening here in regards to anti-choice laws. So in the next three days I'm going to go state by state and give a basic summary of the anti-choice laws.

As an overall view, yes, we still have Roe v. Wade at the federal level, meaning abortion is legal. Women have the right to an abortion. At the state level, governments have been putting in restrictions left and right "for the health of the mother." They're saying women can still get abortions, so long as abortion clinics obey new and extremely restrictive, hard-to-follow laws. Several states have had personhood amendments introduced (and thankfully defeated) that would have given fertilized eggs full rights as citizens, thereby making abortion murder. A personhood amendment has even been re-introduced at the Federal level by none other than Paul Ryan, the Republican nominee for vice president last year.

The Affordable Health Care Act (also known as Obamacare) requires that companies provide insurance plans that offer contraception with no co-pay. There are exceptions for religious organizations like churches, whose sole purpose is a religious one, but none for companies headed by religious people, such as craft store Hobby Lobby. They did come up with a compromise, in that if the company won't pay for the contraception, the insurance company will foot the bill, but that's not enough for some employers who continue to cry that it's against their religious beliefs. Hobby Lobby has reportedly stated that they will pay the fines (up to 1.3 million US dollars A DAY) rather than provide contraception coverage for their employees. Meanwhile, most companies still don't offer paid maternity leave, and still cover viagra in their insurance plans. (I don't know the details of Hobby Lobby's insurance or maternity leave.)

Federal funds are prohibited from being used for abortion; so non-profits like Planned Parenthood, that provide a huge amount of women's health services, very carefully do their accounting so none of their federal funding pays for their abortion services. Only about 3% of what they do is abortions; the rest are contraception services, mammograms, pap smears, cancer screenings. Nonetheless, conservative-run states have been trying to defund Planned Parenthood, even if it means giving up federal funds. Texas successfully defunded PP this year in their state, foregoing federal funding for their other womens' health programs to do it.

Today we'll go over the laws for four states, after the break.