Introduction
Mandatory Delays and Biased Information Laws
Forced Parental Consent or Notification
Bans on So-called "Partial-Birth" Abortion or Other Abortion Methods

(return to Fact Sheets Abortion table of contents)

Introduction
Since Roe v. Wade, the landmark 1973 decision that recognized a woman's constitutional right to end her pregnancy, passage of state laws to restrict abortion and the willingness of courts to uphold them has been on the rise. A woman's ability to exercise her right to choose abortion is becoming increasingly dependent on the state in which she lives.

The following list demonstrates the extent to which women seeking abortions must submit to state-scripted lectures biased against the procedure; unnecessarily delay medical care; contend with requirements for the consent or notification of their parents; secure out-of-pocket funding for their abortions, even when they are poor enough to qualify for other state-supported health care; and have their method of abortion determined by the government rather than their doctor.

Mandatory Delays and Biased Information Laws
Twenty states have passed requirements that women receive information biased against abortion and, in all but one state, delay a set number of hours or days before having an abortion. Of these, 13 are currently in effect.

return to Table of Contents

Forced Parental
Consent or Notification
An overwhelming number of states 39 have adopted laws mandating that a young woman obtain the consent of or notify one or both parents prior to her abortion. Currently, all but nine of these laws are being fully enforced. Unless otherwise noted, these measures contain a judicial or other bypass for young women who cannot involve their parents.

return to Table of Contents

Bans on So-called "Partial-Birth"
Abortion or Other Abortion Methods
Twenty-eight states have passed laws to ban so-called partial-birth abortion. These laws are so broadly and vaguely worded that they ban most abortion procedures. Most have no exception to protect the women's health.

STATE	CASE NAME AND PUBLISHED CITATIONS	CURRENT STATUS
Alabama	Summit Medical Associates v. James, 984 F. Supp. 1404 (M.D. Ala. 1998), stay granted, 998 F. Supp. 1339 (M.D. Ala. 1998).	Interpreted by state to apply only to viable fetuses. Motion to dismiss the case denied. On interlocutory appeal to the Eleventh Circuit.
Alaska	Planned Parenthood of Alaska v. State of Alaska	Permanent injunction issued. On appeal to the Alaska Supreme Court.
Arizona*	Planned Parenthood of Southern Arizona v. Woods, 982 F. Supp. 1369 (D. Az. 1997).	Permanent injunction issued. On appeal to the Ninth Circuit.
Arkansas	Little Rock Family Planning Services v. Huckabee	Permanent injunction issued.
Florida*	A Choice for Women v. Butterworth	Permanent injunction issued. On appeal to the Eleventh Circuit.
Georgia	Midtown Hospital v. Miller	Pursuant to a court-ordered settlement, the law is in effect, but its application is limited to D&X abortions performed after viability.
Idaho*3	Weyhrich v. Lance	Temporary restraining order issued. Case stayed.
Illinois	The Hope Clinic v. Ryan, 995 F. Supp. 847 (N.D. Ill. 1998).	Permanent injunction issued. On appeal to the Seventh Circuit.
Iowa*3	Planned Parenthood of Greater Iowa v. Miller, 1 F. Supp. 2d 958 (S.D. Iowa 1998) (preliminary injunction).	Permanent injunction issued.
Kentucky*3	Eubanks v. Stengel	Permanent injunction issued. On appeal to the Sixth Circuit.
Louisiana	Causeway Medical Suite v. Foster)	Preliminary injunction issued.
Michigan	Evans v. Kelley, 977 F. Supp. 1283 (E.D. Mich. 1997).	Permanent injunction issued.
Montana*	Intermountain Planned Parenthood v. State of Montana	Permanent injunction issued.
Nebraska	Carhart v. Stenberg, 11 F. Supp.2d 1099 (D. Neb. 1998).	Permanent injunction issued. On appeal to the Eighth Circuit.
New Jersey*3	Planned Parenthood of Central New Jersey v. Verniero	Permanent injunction issued. On appeal to the Third Circuit.
Ohio	Women's Medical Professional Corp. v. Voinovich, 130 F.3d 187 (6th Cir. 1997), cert. denied, 118 S. Ct. 1347 (1998).	Permanent injunction affirmed by the Sixth Circuit. The U.S. Supreme Court denied the defendants' petition for review.
Rhode Island*3	Rhode Island Medical Society v. Pine	Temporary restraining order issued.
Virginia*3	Richmond Medical Center for Women v. Gilmore, 11 F. Supp.2d 795 (E.D. Va. 1998), stay granted, 144 F.3d 326 (4th Cir. 1998).	Law in effect after preliminary injunction stayed by single judge of Fourth Circuit.
West Virginia3	Brancazio v. Underwood	Temporary restraining order issued
Wisconsin*	Planned Parenthood of Wisconsin v. Doyle 9 F. Supp. 2d 1033 (1998) (denial of preliminary injunction).	Seventh Circuit reversed district court and directed entry of a preliminary injunction

* Lawsuits in which Planned Parenthood Federation attorneys are counsel.
1. Passed but not challenged: Indiana, Kansas, Mississippi, Oklamhoma, South Carolina, South Dakota, Tennesse, Utah (contains broad health exception; limited to post-viability.
2. Usually bans " partial vaginally delivering a living fetus before killing the fetus and completing the delivery."
3. Statutes use language similar to AMA-approved federal bill.
4. Does not use " partial birth" language. Bans " dilation and extraction," defined as " the termination of a human pregnancy by purposely inserting a suction device into the skull of a fetus to remove the brain."
5. Carries mandatory sentence of life in prison for physicians who perform " PBAs."

Prepared by the PPFA Public Policy, Litigation, and Law Division and Media Relations Department
(Revised January 20, 1999)

return to Fact Sheets Abortion

PPFA Web Site © 1999, Planned Parenthood^® Federation of America, Inc.
Use of this site signifies your agreement to Terms of Use