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Last Updated:
2024-09-22 08:20:01

US Abortion Laws

US Abortion Laws
US Abortion Laws

US abortion laws have evolved since the 19th century. The landmark Roe v. Wade case in 1973 legalized abortion nationwide.

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1620
Legalization of Abortion and Contraception in America

Abortion and contraception have been legally practiced in America since the arrival of the Pilgrims in 1620, despite the rhetoric of anti-abortion activists.

1625
Policing of Women's Bodies in American Colonies

In 1625, a statute adopted from Britain in the American colonies asserted that women who gave birth to stillborn children would be found guilty of infanticide if they hadn’t taken certain steps to prepare for the birth.

1650
Abortion Laws in New England

In 1650, abortion laws in New England were less restrictive compared to the recent legislation in Arkansas and North Dakota. Abortion was allowed until 'quickening,' the first fetal movements felt by the mother, which typically occurred between 14 to 26 weeks into pregnancy.

1700
Debate on Abortion Laws

A passionate plea against the prohibition of natural and useful actions turning into crimes by laws, specifically focusing on the consequences of the law leading to numerous procur'd abortions and distressed mothers resorting to infanticide out of fear of punishment and shame.

1716
New York Ordinance Prohibiting Midwives from Providing Abortion

In 1716, New York passed an ordinance that banned midwives from performing abortions.

1754
Connecticut Criminalizes Abortion

Connecticut becomes the first U.S. state to make abortion a criminal offense through a state statute in 1821, punishing those involved in causing miscarriages.

1776
Declaration of Independence by Founding Fathers

The founding fathers met in Pennsylvania to declare independence, aiming to establish a new nation based on principles of freedom and self-governance.

1821
Connecticut Regulates Abortion

Connecticut becomes the first state to regulate abortion, outlawing it after quickening, the moment in pregnancy when the pregnant woman starts to feel the fetus's movement in the uterus.

1829
New York Criminalizes Post-Quickening Abortions

In 1829, New York made post-quickening abortions a felony and pre-quickening abortions a misdemeanor, setting a precedent for other states to follow suit.

1847
Formation of the American Medical Association (AMA)

In 1847, the American Medical Association (AMA) was established by doctors to regulate medical practices. The AMA, dominated by men, influenced the decline of reproductive health care workers like midwives and nurses.

1854
General Laws of Texas, An Act Supplemental to 'Acts concerning Crimes and Punishments'

In 1854, the General Laws of Texas introduced an Act that criminalized attempting to procure the miscarriage of a pregnant woman.

1856
'Old Code': Penal Code Articles 531-536

The Texas Legislature formally codified the Penal Code in 1856, including provisions related to abortions that were slightly expanded from the 1854 Act.

1857
Physicians' Crusade Against Abortion

Dr. Horatio Storer initiates the Physicians' Crusade Against Abortion in Massachusetts, advocating for criminalizing abortion in all instances.

1858
General Laws of Texas: Attempt at abortion criminalized

In 1858, the General Laws of Texas amended a provision to the abortion statutes, criminalizing attempts at abortion.

1865
Abortion Bans for Enslaved Black Women

During the period after the Civil War in 1865, abortion bans were enforced specifically for enslaved Black women in America. Enslaved Black women were not allowed to have abortions as they were considered valuable property owned by white men.

1873
Passing of the Comstock Act of 1873

The Comstock Act of 1873, also known as the Comstock laws, played a crucial role in furthering the criminalization of abortion by prohibiting the distribution of information related to birth control and pregnancy termination methods.

1879
Penal Code: Articles 536-541

The Penal Code of 1879 included Articles 536-541, which likely continued to address regulations and penalties related to abortion in Texas.

1880
Abortion outlawed in most states by 1880

By 1880, the majority of states in the US had outlawed abortion, solidifying the trend of criminalization that started in the late 1860s.

1895
Abortion Statutes in 1895 Penal Code

Articles 641-646 of the 1895 Penal Code contained the abortion statutes, which were renumbered but remained unchanged in essence.

1900
Victorian Anti-Abortion Movement

In the early 20th century, a coalition of male doctors supported by the American Medical Association, the Catholic Church, and sensationalist newspapers successfully campaigned for the criminalization of abortion, limiting women's medical choices. This movement aimed to assert male physicians' authority over female patients and portrayed women who terminated pregnancies as unnatural and selfish.

1907
Addition of Abortion Definition in Texas General Laws

In 1907, HB 140 in the General Laws of Texas added a specific definition of 'abortion' to the existing statutes.

1910
Nationwide Ban on Abortion

In 1910, abortion was officially banned across the United States, making it illegal. However, the wealthy white women had the means to circumvent the law and access abortion services, while others were unable to do so.

1911
Renumbering of Abortion Statutes in 1911 Penal Code

The abortion statutes were renumbered in the 1911 edition of the Penal Code, maintaining their substance and incorporating the new language introduced in 1907.

1916
Arrest of Margaret Sanger

Margaret Sanger, a prominent advocate for birth control and the founder of Planned Parenthood, was arrested in 1916 for violating the Comstock laws while trying to educate women on contraception. She aimed to empower women to have control over their bodies and families.

1921
Founding of American Birth Control League

Margaret Sanger founded the American Birth Control League in 1921, which later evolved into Planned Parenthood Federation of America in 1942, marking a significant development in reproductive rights advocacy.

1925
Texas's '1925 Laws' on Abortion

The '1925 Laws' in Texas regarding abortion have gained attention since the Dobbs ruling. Interestingly, these laws had been in existence in some form even before 1925.

1930
Deaths from Illegal, Unsafe Abortions

Criminalizing abortion in 1930 led to a high death toll as the practice went underground, resulting in nearly 2,700 women dying from unsafe, illegal abortions, accounting for almost one-fifth of recorded maternal deaths that year.

1939
Increase in Women Seeking Treatment at Cook County Hospital

In 1939, Cook County Hospital in Chicago reported treating more than 1,000 women annually for health complications related to self-induced or illegal abortions. The number of women seeking treatment increased to nearly 5,000 by 1962.

1955
Conference on Abortion Legalization

In 1955, Planned Parenthood organized a groundbreaking conference on abortion in response to the alarming media coverage of unsafe, illegal abortions. Doctors at the conference advocated for abortion law reform.

1962-08-18
Sherri Finkbine's Abortion Controversy

In August 1962, Sherri Finkbine traveled to Sweden to obtain a legal abortion after discovering her fetus had severe deformities, sparking a public debate on women's reproductive rights and highlighting disparities in access to abortion.

1964
Formation of the Association for the Study of Abortion (ASA)

In 1964, abortion law reform activists established the Association for the Study of Abortion (ASA) as the first national group dedicated to advocating for abortion law reforms and advancing abortion procedure safety.

1965
Deaths Associated with Illegal Abortions

In 1965, 17% of reported deaths related to pregnancy and childbirth in the U.S. were linked to illegal abortions. This highlights the dangers and risks women faced when seeking clandestine abortion procedures.

1966
Trial of the San Francisco Nine

In 1966, nine well-respected doctors in California faced a trial for performing abortions on women exposed to rubella, a disease linked to birth defects. The case garnered support from doctors nationwide, including the deans of 128 medical schools.

1967
Colorado Decriminalizes Abortion with Restrictions

In 1967, Colorado became the first U.S. state to decriminalize abortion, but with limitations such as only allowing it in cases of rape, incest, or when the pregnancy posed a risk of 'permanent physical disability' to the woman.

1969
NARAL Established

The National Association for the Repeal of Abortion Laws (NARAL) was founded in Chicago during the First National Conference on Abortion Laws. NARAL was the first national organization dedicated to advocating for the legalization of abortion.

1970
Legalization of Abortion in New York

In 1970, New York state legalized abortion, allowing for a broader range of reasons for the procedure. This marked a significant shift in abortion laws in the United States.

1971
Norma McCorvey's Supreme Court Case on Abortion

Norma McCorvey, also known as Jane Roe, brought a case to the Supreme Court in 1971 due to being poor and pregnant, seeking an abortion in a state where it was banned in most circumstances.

1972
Eisenstadt v. Baird Supreme Court ruling

It was not until 1972, with the Supreme Court ruling in Eisenstadt v. Baird, that unmarried women in the United States were granted the right to access birth control, further expanding reproductive rights.

1973-01-22
Roe v. Wade Supreme Court Decision

On January 22, 1973, the U.S. Supreme Court issued the landmark Roe v. Wade decision, effectively overturning all existing criminal abortion laws and establishing the right to privacy in reproductive choices under the Fourteenth Amendment.

1974-01-01
Enforcement Changes for Abortion Laws

On January 1, 1974, the laws concerning abortion in Texas were moved from the Penal Code to the Revised Civil Statutes, following the Roe v. Wade ruling.

1976
Hyde Amendment

The Hyde Amendment, passed in 1976, prohibits the use of federal Medicaid funds for covering abortions, impacting access to reproductive healthcare.

1977-10-03
Death of Rosie Jiménez

Rosie Jiménez, a young mother pursuing a nursing degree, died in Mexico after having an abortion due to lack of Medicaid coverage in the United States. She was the first known victim of the Hyde Amendment.

1979
Bellotti v. Baird Supreme Court ruling

In 1979, the Supreme Court ruled in Bellotti v. Baird that states could require minors to obtain parental consent for abortion, but also mandated a judicial bypass option for minors to seek permission from a judge without parental notification.

1980
Harris v. McRae Supreme Court ruling

In Harris v. McRae, the Supreme Court upheld the Hyde Amendment, banning federal funding for abortions, even in cases of medical necessity, stating that it did not violate women's constitutional rights.

1983
US Senate Judiciary Committee Report on Human Life Amendment

The report stated that there were no significant legal barriers in the United States for a mother to obtain an abortion for any reason during any stage of her pregnancy.

1984
Mexico City Policy (Global Gag Rule)

In 1984, Ronald Reagan implemented the Mexico City Policy, also known as the 'global gag rule,' which restricts foreign NGOs from receiving U.S. family planning funding if they provide abortion-related services or advocate for abortion access.

1988-09-16
Death of Rebecca Suzanne Bell

Rebecca Suzanne Bell, a 17-year-old from Indiana, died in 1988 due to complications from an illegal abortion influenced by Indiana's parental consent law, becoming a tragic example of the consequences of such legislation.

1990
Peak of Annual Legal Induced Abortions in the U.S.

The annual number of legal induced abortions in the U.S. peaked in 1990.

1992
Planned Parenthood of Southeastern Pennsylvania v. Casey

A landmark case in 1992 that reaffirmed the protection of the right to abortion under the Constitution.

1994-05
Freedom of Access to Clinics Act

President Bill Clinton signs the Freedom of Access to Clinics Act, making it a federal crime to obstruct access to clinics providing reproductive health services.

1998
Medication Abortion Approval by FDA

In 1998, the FDA approved medication abortion for ending early pregnancies up to 10 weeks, using a combination of mifepristone and misoprostol, which is 95-97 percent effective.

1999-09-01
Parental Notification Requirements in Texas

Chapter 33 was added to the Texas Family Code, mandating parental notification for minors seeking an abortion, starting from September 1, 1999.

2000-09
FDA approval of mifepristone for medical abortion in the US

In September 2000, the FDA approved mifepristone for medical abortion in the United States. The drug was made available in all 50 states, Washington, D.C., Guam, and Puerto Rico, under the supervision of licensed physicians.

2002-08-05
Enactment of the Born-Alive Infants Protection Act

The Born-Alive Infants Protection Act was signed into law on August 5, 2002, by President George W. Bush. The act aimed to safeguard the rights of infants born alive after failed abortion attempts.

2003-09-01
Passage of the Woman's Right to Know Act in Texas

The bill created Chapter 171 of the Texas Health and Safety Code, known as the 'Woman's Right to Know Act,' which included provisions related to abortion. It became effective on September 1, 2003, and applied to abortions performed on or after January 1, 2004.

2003-10-02
Passage of the Partial-Birth Abortion Ban Act

On October 2, 2003, the House approved the Partial-Birth Abortion Ban Act to prohibit intact dilation and extraction procedures, with exceptions in cases of fatal threats to the woman. The legislation imposed penalties on doctors performing such abortions.

2003-11-05
Partial-Birth Abortion Ban Act

President George W. Bush signs the Partial-Birth Abortion Ban Act into law, restricting the procedure except when necessary to save the mother's life.

2004-04-01
Unborn Victims of Violence Act (Laci and Conner's Law)

This law allows two charges to be filed against someone who kills a pregnant mother, one for the mother and one for the fetus, but specifically bans charges related to abortion procedures.

2005-07
Passing of Trigger Laws on Abortion

Between 2005 and 2007, four states passed trigger laws that criminalized performing, procuring, or prescribing abortion in anticipation of a potential overturning of Roe v. Wade.

2006-08
Prosecution of Approximately 1,200 Women

Over the last 15 years, around 1,200 women, mainly low-income and women of color, have been prosecuted for their behavior during pregnancy, highlighting the issue of criminalization of pregnant women.

2007-04-18
Gonzales v. Carhart

On April 18, 2007, the Supreme Court issued a ruling in Gonzales v. Carhart, upholding the Partial-Birth Abortion Ban Act of 2003. The law banned intact dilation and extraction, marking the first time the Court allowed a ban on any type of abortion since 1973.

2009-01-23
Reinstatement of Mexico City Policy

On January 23, 2009, President Barack Obama overruled the Mexico City policy, which prohibited financial support to overseas organizations that performed or promoted abortions. This decision was later reinstated by President Donald Trump on January 23, 2017.

2010
Passing of the Affordable Care Act (ACA)

In 2010, the Affordable Care Act (ACA) was signed into law, extending the Hyde Amendment restrictions on abortion coverage to states’ newly created health insurance exchanges.

2011-09-01
HB 15, 82nd Regular Session

This bill added sections to the 'informed consent' subchapter of the Woman's Right to Know Act, mandating physicians to perform a sonogram before an abortion.

2012-07-11
Mississippi Federal Judge's Abortion Clinic Order

On July 11, 2012, a Mississippi federal judge extended a temporary order allowing the state's only abortion clinic to remain open, pending a review of new abortion laws.

2013-10-29
Enactment of HB 2 Provisions

Most provisions of HB 2, a bill restricting abortions and regulating doctors and clinics, went into effect on October 29, 2013.

2014-09-01
Effect of Section 8 of HB 2

Section 8 of HB 2, which was part of a bill restricting abortions, took effect on September 1, 2014.

2016-01-01
HB 3994 Amendment

HB 3994 amended the law regarding minors seeking abortions in Texas, making the process more complicated and restrictive by imposing stricter requirements for proof of age and obtaining judicial bypass.

2016-03-02
Whole Woman's Health v. Hellerstedt Case

The Supreme Court rules in the Whole Woman's Health v. Hellerstedt case, preventing Texas from imposing undue restrictions on abortion services.

2016-06-27
Whole Woman's Health v. Hellerstedt

In June 2016, the Supreme Court decision in Whole Woman's Health v. Hellerstedt struck down state restrictions on abortion clinics, emphasizing that laws imposing unconstitutional burdens on women's right to abortion are invalid.

2017-09-01
SB 8 Enacted

SB 8 was a bill passed during the 85th Regular Session that prohibited partial-birth and dismemberment abortions, as well as imposed regulations on the disposal of fetal tissue.

2018
Whole Woman's Health v. Smith

In 2018, the federal Fifth Circuit found the laws requiring embryonic or fetal tissue to be cremated or given a burial to be unconstitutional.

2019-01-22
New York Reproductive Health Act (RHA)

In 2019, New York passed the Reproductive Health Act (RHA), which repealed a pre-Roe provision that banned third-trimester abortions except in cases where the continuation of the pregnancy endangered a pregnant woman's life.

2019-04-30
Alabama Human Life Protection Act

Alabama House Republicans passed a law on April 30, 2019, that will criminalize most abortion if it goes into effect. Dubbed the 'Human Life Protection Act', it offers only two exceptions: serious health risk to the mother or a lethal fetal anomaly.

2019-05-30
Louisiana Abortion Law

Louisiana adopted an abortion law on May 30, 2019, following the trend set by other states like Mississippi, Kentucky, Ohio, and Georgia.

2019-06-29
U.S. Supreme Court Strikes Down Louisiana Anti-Abortion Law

On June 29, 2020, the U.S. Supreme Court struck down the Louisiana anti-abortion law, questioning the legality of similar laws in other states like Ohio.

2020-06-29
June Medical Services v. Russo

In June 2020, the Supreme Court invalidated a medically unnecessary law similar to the one in Whole Woman's Health, preventing it from making abortion nearly impossible to obtain in Louisiana.

2020-09-18
Ruth Bader Ginsburg's Last Abortion Ruling

Ruth Bader Ginsburg had her final opportunity to rule on abortion access before her passing later that year. This event marked the end of her influence on abortion-related cases.

2021-04-06
Hayes Center, Nebraska, becomes a 'sanctuary city for the unborn'

On April 6, 2021, Hayes Center, Nebraska, passed a local ordinance outlawing abortion and declaring itself a 'sanctuary city for the unborn', setting a precedent for other cities in Nebraska to follow.

2021-04-12
FDA Lifts In-Person Distribution Requirement for Abortion Pills

On April 12, 2021, under the Biden administration, the FDA reversed course and lifted the in-person distribution requirement for abortion pills for the duration of the pandemic.

2021-04-13
Blue Hill, Nebraska, enacts 'sanctuary city for the unborn' ordinance

In April 2021, Blue Hill, Nebraska, enacted an ordinance outlawing abortion and declaring itself a 'sanctuary city for the unborn', joining the trend of cities taking such measures.

2021-09-01
Texas S.B. 8 Abortion Ban

Texas implemented S.B. 8, a controversial law that prohibits abortion at around six weeks of pregnancy, a time when many individuals may not even be aware of their pregnancy. This law sparked widespread debate and criticism.

2021-09-09
US Department of Justice Sues Texas Over Texas Heartbeat Act

On September 9, 2021, Merrick Garland, the Attorney General, sued Texas over the Texas Heartbeat Act, citing violations of federal law and the U.S. Constitution.

2021-12-01
Oral Arguments in Dobbs v. Jackson Women’s Health Organization

The Supreme Court will hear oral arguments in Dobbs v. Jackson Women’s Health Organization, a case challenging a Mississippi ban on abortion at 15 weeks, which is seen as a direct challenge to Roe v. Wade.

2021-12-02
Amendment of the United States Constitution Allowing States to Prohibit Abortion

An amendment to the United States Constitution was adopted, granting states the power to prohibit abortion. This change shifted the authority over abortion regulations from the federal government to individual states.

2021-12-16
FDA approval for mail distribution of mifepristone

Amid the COVID-19 pandemic, on December 16, 2021, the FDA allowed the distribution of mifepristone via mail to address healthcare access challenges. This decision enabled women in restricted states to obtain abortion pills through various means.

2022-05-25
Oklahoma House Bill 4327

On May 25, 2022, Oklahoma imposed a ban on elective abortions after Governor Kevin Stitt signed House Bill 4327, allowing lawsuits against abortion providers who perform elective abortions.

2022-06-24
Overturning of Roe v. Wade in Dobbs v. Jackson Women’s Health Organization

On June 24, 2022, the US Supreme Court made a landmark decision in Dobbs v. Jackson Women’s Health Organization, overturning the constitutional protections for the right to abortion established in Roe v. Wade (1973) and Planned Parenthood v. Casey (1992). This decision marked the first time in US history that a fundamental constitutional right was revoked.

2022-07-01
Texas Supreme Court Stay Order on 1925 Laws

The Texas Supreme Court issued a stay order on July 1, 2022, temporarily allowing the enforcement of the 1925 Laws while the case is under consideration.

2022-07-26
Judgment Issued in Dobbs v. Jackson Women’s Health Organization Case

The Court issued its judgment in the Dobbs v. Jackson Women’s Health Organization case on July 26, 2022. This case is significant as it is related to the potential triggers listed in Texas's trigger law regarding abortion.

2022-08-25
Texas Abortion Laws Going into Effect

Texas Attorney General Ken Paxton stated that the judgment in the Supreme Court case overturning Roe will trigger the implementation of Texas laws prohibiting most abortions on August 25, 2022.

2022-09-13
Protecting Pain-Capable Unborn Children from Late-Term Abortions Act

Senator Lindsey Graham introduced legislation to ban abortion nationwide after 15 weeks of pregnancy with exceptions for rape, incest, and the life of the patient.

2022-10-26
Publication of 'A Brief History of Abortion in the U.S.'

The article 'A Brief History of Abortion in the U.S.' was published on October 26, 2022, shedding light on the historical context of abortion in the United States.

2023-01-31
Minnesota Women's Rights to Abortion Bill

On January 31, 2023, the Minnesota state Senate passed a bill guaranteeing women's rights to abortion and other reproductive medicine, prohibiting restrictions on access to sterilization or prenatal care.

2024
Legislation to Ban Abortion Nationwide

Republican lawmakers and anti-abortion activists are working on legislation to ban abortion nationwide, with the goal of achieving it if Republicans win Congress and the White House in 2024.

End of the Timeline
US Abortion Laws
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