Idaho and Utah have continued banning or limiting abortions, while Oregon and California are stockpiling abortion pills.
Idaho and Utah were two of the 13 states that had trigger laws to make abortions illegal when the Supreme Court overturned Roe v. Wade. As soon as Roe v. Wade was overturned, Idaho joined the list of states where abortion became prohibited, while Utah’s ban continues to be challenged in court.
Idaho is the only state in the western United States that has banned abortions. Abortions are illegal there except in cases of rape or incest or if the mother’s life is in jeopardy or if the term is under six weeks; similar to Texas.
Most recently, Idaho passed a new law making it a criminal offense if anyone helps or assists a minor to get an abortion without parental or guardian consent. This new law begins in May. That person doesn’t have to be medical staff (although the law does include medical staff); it’s someone who supports the abortion in any way, such as giving a ride or helping to find a place to have an abortion, regardless of where the abortion takes place.
If a woman who resides in Idaho qualifies for an abortion and chooses to go forward with it, she’ll have to wait for a mandatory 24-hour period and receive counseling.
Utah’s trigger ban on abortion hasn’t taken effect yet because it’s being challenged in court. In March, the state passed a law that defines the term limit of 18 weeks but allows abortions after 18 weeks in cases of rape or incest. They also banned abortions because of Down syndrome.
Most recently, Utah passed a law prohibiting abortion clinics and requiring abortions to be performed only in hospitals, except in emergencies. Providers who violate this law could face civil and criminal penalties. This new law also begins in May.
Part of the code for the Utah Legislature states: “It is the intent of the Legislature to protect and guarantee to unborn children their inherent and inalienable right to life.”
If a woman still qualifies for an abortion and chooses to go forward with it, in Utah she’ll have a mandatory 72-hour waiting period. During counseling, she must be told that the state’s preference is for childbirth over abortion.
Abortions continue to remain legal in California and Oregon to anyone, in spite of where one lives. This includes access to the abortion pill.
California and Oregon have similar histories of abortion because both states started allowing abortions in 1969, four years before the Roe v. Wade ruling.
After Roe v. Wade was overturned, the governors of California, Oregon, and Washington issued a “multi-state commitment” saying they will work together to help women who travel for abortions and will shield medical professionals from being pursued by authorities in states where the procedure became criminal.
Besides having insurance companies set aside funds for the procedure, both California and Oregon budget public funds for women who might need an abortion and for those who might need to travel to have the procedure.
California includes abortion rights in its constitution. The term limit in California is defined as “until viability.” It means when a fetus has developed enough to be able to survive outside the uterus, even if it needs medical help. Most say this occurs around 24 to 26 weeks into the pregnancy.
Oregon law includes protection for those who have or perform abortions, but it isn’t in their constitution.
Some have argued that it’s a protected right under their Equal Rights Amendment in 2014, but the Equal Rights Amendment simply states: “Equality of rights under the law shall not be denied or abridged by the State of Oregon or by any political subdivision in this state on account of sex.”
As a result, the Reproductive Health Equity Act was passed in 2017, and it gave access to reproductive health with no cost sharing regardless of the Affordable Care Act and regardless of whether you have insurance.
There are no term limits to have an abortion in Oregon.
