Since Roe v. Wade was overturned in 2022, individual states are enacting their own laws surrounding abortion. The 2024 election only added to the patchwork of abortion policies across the United States, ranging from total bans to total protection.
Post-Election Abortion
Thirteen states have near-total abortion bans—AL AR, ID, KY, LA, MS, MO, OK, SD, TN, TX, WV, and WI. Four states have banned abortion after about six weeks of pregnancy—FL, GA, IA, and SC. Others have banned based on "fetal viability," which is when a fetus can survive outside the uterus.
Most bans include exceptions, such as when the pregnancy is the result of rape or incest, or when the pregnant person's health is at risk.
Several states moved to enact laws or held ballot referendums to protect abortion rights. In the November 2024 election, voters in seven states (pictured) passed measures to expand or protect abortion access. Eleven states in the U.S. now protect abortion through their state constitutions.
Our State (California)
California is one of these 11. We have implemented several protections for abortion, including the California Constitution's Article 1, Section 1.1 which protects an individual's reproductive freedom, including the right to choose an abortion.
California law protects the right to an abortion, including:
- The right to confidentiality
- The right to have an abortion without parental consent
- The right to have an abortion performed by a trained professional
- The right to access abortion services for little-to-no charge
- The right to have a prescription for abortion medicine filled in a timely manner
- The right to not be arrested for performing or aiding in a legal abortion
- The right to have a California license protected from negative effects for providing legal abortion care
- The right to have insurance companies not charge co-pays or deductibles for abortion care
California's SB 345 Abortion Shield Law protects access to reproductive health care, including: In-person and telehealth services related to pregnancy, abortion, assisted reproduction, or contraception.
As of January 1, 2023, all University of California and California State University student health centers must provide onsite medication abortion services.
Post Election Birth Control
Following the election, we’ve noticed an uptick in those seeking Long-Acting Methods of birth control. This is, of course, related to the uncertainty surrounding access to abortion across the country. However, we’ve also heard concern about birth control coverage under the incoming administration.
Currently, thanks to the Affordable Care Act (ACA), Plans in the Health Insurance Marketplace must cover contraceptive methods and counseling for all women, as prescribed by a health care provider. Plans must cover these services without charging a copayment or coinsurance when provided by an in-network provider — even if the deductible has not yet been met.
Right now, it’s unclear if that will change in the future. President Trump's vision for healthcare reform may, or may not, include changes to the birth control coverage provision in the ACA.
Regardless of federal policy change, know that FPA has grants in place to offer no-cost care to out-of-state patients or those without insurance coverage.
FPA Women's health remains committed to providing the full range of family planning services, including surgical abortion, medication abortion (both in-person and by mail), and every contraceptive method.
Whatever the future may hold for the nation, we are reassured that California will remain steadfast in its support legally and financially in the provision of safe and effective abortion and birth control.
Resources
You can track abortion laws by state on these sites:
- The New York Times: Interactive map of abortion laws by state
- KFF: Abortion in the United States Dashboard
- The Fuller Project: State-by-state map of major abortion laws
- Guttmacher Institute: State-policies-abortion-bans
- Center for Reproductive Rights: Maps of abortion laws by state
For patients interested in traveling to California for our services, please visit our dedicated page.
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