Eleanor Finch
Abortion is a highly controversial topic, with some arguing that it is a right that should be protected by the Constitution, while others disagree. The Supreme Court has ruled that the Constitution does not guarantee a right to abortion, but it does guarantee a right to life. However, some states have passed constitutional amendments that explicitly declare that their constitution does not secure or protect the right to abortion. On the other hand, a few states have protections for the right to abortion in their state constitutions, and some have codified the right to abortion throughout pregnancy without state interference.
| Characteristics | Values |
|---|---|
| Abortion as a constitutional right | No |
| Abortion as a right | Yes, despite not being explicitly stated in the Constitution |
| Number of states with protections for the right to abortion in their state constitutions | 3 |
| Number of states with codified right to abortion throughout pregnancy without state interference | 4, plus the District of Columbia |
| Number of states that explicitly permit abortion prior to viability or when necessary to protect the life or health of the pregnant person | 12 |
| Number of states with protections for abortion providers from the reach of out-of-state abortion restrictions and bans | 11, plus the District of Columbia |
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What You'll Learn
The 14th Amendment
However, the US Supreme Court has not consistently recognised abortion as a constitutional right protected by the 14th Amendment. In 2022, the Supreme Court overturned Roe v. Wade, ruling that there is no constitutional right to abortion. This ruling has been criticised by some as a failure to protect fundamental rights and a step backwards for women's equality.
Despite this, some states have taken steps to protect abortion rights within their own state constitutions. As of 2024, three states have protections for the right to abortion in their constitutions, and four states and the District of Columbia have codified the right to abortion throughout pregnancy without state interference. Additionally, 12 states explicitly permit abortion prior to viability or when necessary to protect the life or health of the pregnant person. These state-level protections demonstrate a recognition of abortion as a fundamental right, even if it is not explicitly protected by the US Constitution.
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State constitutions
While abortion is not a constitutional right, three states have protections for the right to abortion in their state constitutions. Four states and the District of Columbia have codified the right to abortion throughout pregnancy without state interference. Twelve states explicitly permit abortion prior to viability or when necessary to protect the life or health of the pregnant person. Eleven states and the District of Columbia have protections for abortion providers, and in some cases, individuals who support patients, from the reach of out-of-state abortion restrictions and bans.
Some argue that abortion is a right the people have despite that right not being explicitly stated in the Constitution, much like the rights to travel, vote, and marry. The 14th Amendment ensures this through its multiple and interdependent guarantees of life, liberty, and equal protection—as does international human rights law. Each of these foundational sources supports a broad right to reproductive autonomy that advocates, scholars, and jurists must not only defend against further retrogression but also strengthen for future generations.
On the other hand, four states have passed a constitutional amendment explicitly declaring that their constitution does not secure or protect the right to abortion or allow the use of public funds for abortion. The Supreme Court has also ruled that the Constitution does not guarantee a right to abortion but does guarantee a right to life.
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The Supreme Court's ruling
However, it is important to note that abortion remains a right for the people, despite not being explicitly stated in the Constitution. This is similar to the rights to travel, vote, and marry. Additionally, some states have taken steps to protect abortion rights within their state constitutions. For example, three states have protections for the right to abortion in their constitutions, and four states and the District of Columbia have codified the right to abortion throughout pregnancy without state interference. Furthermore, 12 states explicitly permit abortion prior to viability or when necessary to protect the life or health of the pregnant person.
On the other hand, four states have passed a constitutional amendment explicitly declaring that their constitution does not secure or protect the right to abortion. This highlights the varying approaches and interpretations of abortion rights across the country.
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The right to travel, vote, and marry
Abortion is not a constitutional right. The Supreme Court ruled that the Constitution does not guarantee a right to abortion, but it does guarantee a right to life.
However, abortion remains a right that people have, despite it not being explicitly stated in the Constitution, much like the rights to travel, vote, and marry. The 14th Amendment ensures this through its multiple and interdependent guarantees of life, liberty, and equal protection.
In some states, protections also extend to individuals who provide information on abortion and logistical and financial assistance to patients. Three states have protections for the right to abortion in their state constitutions. Four states and the District of Columbia have codified the right to abortion throughout pregnancy without state interference. Twelve states explicitly permit abortion prior to viability or when necessary to protect the life or health of the pregnant person. Eleven states and the District of Columbia have protections for abortion providers, and in some cases, individuals who support patients, from the reach of out-of-state abortion restrictions and bans.
Four states have passed a constitutional amendment explicitly declaring that their constitution does not secure or protect the right to abortion or allow the use of public funds for abortion.
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The 13th Amendment
Abortion is not a constitutional right. The Supreme Court ruled that the Constitution does not guarantee a right to abortion, but it does guarantee a right to life.
The 14th Amendment ensures multiple and interdependent guarantees of life, liberty, and equal protection. Each of these foundational sources supports a broad right to reproductive autonomy that advocates, scholars, and jurists must defend against further retrogression and strengthen for future generations.
Three states have protections for the right to abortion in their state constitutions. Four states and the District of Columbia have codified the right to abortion throughout pregnancy without state interference. Twelve states explicitly permit abortion prior to viability or when necessary to protect the life or health of the pregnant person. Eleven states and the District of Columbia have protections for abortion providers, and in some cases, individuals who support patients, from the reach of out-of-state abortion restrictions and bans.
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Frequently asked questions
No. Abortion is not explicitly stated in the Constitution as a right. The Supreme Court has ruled that the Constitution does not guarantee a right to abortion, but it does guarantee a right to life.
Abortion is not protected by the Constitution as a "fundamental right". However, some states have passed constitutional amendments that explicitly declare their constitution does not protect the right to abortion.
No. The 14th Amendment does not protect abortion. The U.S. Supreme Court ruled that there is no constitutional right to abortion.
Yes. Three states have protections for the right to abortion in their state constitutions. Four states and the District of Columbia have codified the right to abortion throughout pregnancy without state interference.
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