State
Briefs
Bioethics in Law & Culture Fall 2022 vol. 5 issue 4
A summary of state legislation - July 1, 2022 – September 30, 2022
Joe Kral, M.A.
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Arizona
Personhood Law:
July 11, 2022 – A federal district judge blocked an Arizona law that was passed in 2021, that recognizes the unborn child from the moment of conception.
Pre-Roe Abortion Ban:
July 13, 2022 – The Attorney General has asked a federal district court to lift the injunction against Arizona’s pre-Roe Abortion Ban.
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Arkansas
Pro-Life City/County Resolution:
July 20, 2022 – The City of Lowell, Arkansas passed a “Pro-Life City Resolution”. The resolution, while not a binding law, officially recognizes the humanity of the unborn child from the moment of conception. The city may place signs declaring itself to be pro-life.
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California
Abortion Funding:
August 18, 2022 – The City of Fresno approved $1 million in public funds to go to Planned Parenthood.
August 29, 2022 – The City of Fresno mayor has vetoed the passed proposal that would grant Planned Parenthood $1 million in public funds.
Abortion Insurance Mandate:
August 25, 2022 – A Federal District court ruled that the California law that mandates that churches must pay into health insurance programs that pay for abortions is unconstitutional.
Assisted Suicide:
September 6, 2022 – A federal district court issued an injunction against California’s law that mandated all physicians be able to participate in the state’s assisted suicide law.
Non-Physician Abortion:
August 31, 2022 – The California Senate passed SB 1375 which would allow for nurses and midwives to perform first-trimester abortions within the state. The bill now proceeds to the Assembly for consideration.
September 1, 2022 – The California Assembly passed SB 1375. The bill now proceeds to Governor Gavin Newsome for either his signature or veto.
September 29, 2022 – Governor Gavin Newsome signed SB 1375.
Colorado
Abortionists Protection Act:
July 6, 2022 – Colorado Governor Jared Polis signed an Executive Order that protects abortionists in the state of Colorado who violate other states’ pro-life laws. The EO prevents state agencies from working with other out-of-state agencies when they are investigating abortionists for crimes committed in violation of their laws.
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Florida
Late-Term Abortion (15-Weeks):
July 5, 2022 – A Florida Appeals Court lifted the temporary injunction on the Late-Term Abortion Ban.
August 24, 2022 – The Florida First Circuit Court of Appeals refused to enjoin the Late-Term Abortion Ban.
Georgia
Fetal Heartbeat Law:
July 20, 2022 – The US Eleventh Circuit Court of Appeals ruled that the state’s Fetal Heartbeat Law can take effect. It ruled that the lower district court overturn its decision based upon the Dobbs decision.
July 27, 2022 – A group of abortionists filed suit in state court to block the state’s Fetal Heartbeat Law.
August 15, 2022 – Judge Robert McBurney refused to enjoin the Fetal Heartbeat Law.
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Idaho
Abortion Trigger Ban:
August 24, 2022 – A federal judge blocked a portion of the law. In his ruling, he claimed the law violated federal law regarding hospitals being able to provide emergency care to women.
Abortionist Protection Act:
July 19, 2022 – The City Council of Boise passed a bill that will not prioritize abortion as a crime. It will not fund investigations into the crime of abortion or other resources to investigate.
Fetal Heartbeat Law:
July 26, 2022 – Planned Parenthood filed suit in state court against the state’s Fetal Heartbeat Law.
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Indiana
Abortion Ban:
July 30, 2022 – The Indiana Senate passed a bill that would ban nearly all abortions. The exceptions would be for rape, incest, and the life of the mother. The bill proceeds to the House for consideration.
August 5, 2022 – The Indiana House passed a bill that would ban nearly all abortions. The bill now proceeds to Governor Eric Holcomb to sign or veto.
August 5, 2022 – Governor Eric Holcomb signed the Abortion Ban.
August 30, 2022 – Planned Parenthood filed suit against the law in state court.
September 8, 2022 – The ACLU filed suit in a county court citing the law violated religious freedom.
September 15, 2022 – Judge Kelsey Hanlon rejected the ACLU’s motion for a temporary injunction against the Abortion Ban.
September 22, 2022 – Indiana Judge Kelsey Hanlonissued a temporary injunction against the state’s Abortion Ban.
September 26, 2022 – The Satanic Temple filed suit challenging the Abortion Ban.
Abortion Reporting:
August 31, 2022 – A court has lifted the injunction against Indiana’s state law that requires hospitals to report women who were injured in an abortion or killed in an abortion.
Dismemberment Abortion Ban:
July 7, 2022 – The injunction against the Dismemberment Abortion Ban was lifted, allowing the law to go into effect. The ban will prohibit the dismemberment of a living unborn child.
Eugenic Abortion Ban (Down Syndrome):
July 19, 2022 – US District Judge Tonya Pratt threw out an order that blocked the Eugenic Abortion Ban (Down Syndrome) from taking effect. The law prohibits the abortion of a child that is diagnosed with Down Syndrome. The law is now effective.
Humane Fetal Disposition:
September 26, 2022 – US District Judge Richard L. Young ruled that Indiana’s Humane Fetal Disposition Laws that require abortion clinics to humanely bury or cremate the remains of aborted unborn children are unconstitutional based upon religious freedom grounds. The state’s attorney general has stated he plans to appeal.
Parental Notification Act:
July 18, 2022 – The US Supreme Court lifted the injunction against Indiana’s parental notification law. The law mandates that a minor girl must notify a parent prior to getting an abortion or obtain a judicial bypass. The law may now go into effect.
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Illinois
Abortionist Protection Act:
September 21, 2022 – The City of Chicago passed an ordinance that will shield abortionists from other state pro-life laws by prohibiting the Chicago Police Department from investigating those claims.
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Iowa
Waiting Period (24 Hours):
July 5, 2022 – The Iowa Supreme Court declined to revisit its decision regarding the state’s 24-hour waiting period law. The law was upheld in June and the Court reversed a 2018 ruling that there was a so-called “right” to abortion.
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Kansas
Constitutional Amendment:
August 2, 2022 – The Value Them Both ballot initiative was defeated 58-41%. The amendment would have amended the state constitution to read that there is no right to abortion.
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Kentucky
Abortion Trigger Ban/ Fetal Heartbeat Law:
July 2, 2022 – A Kentucky Court of Appeals has refused to lift a temporary injunction on the Abortion Trigger Ban/ Fetal Heartbeat Law imposed by a district court.
July 5, 2022 – The Kentucky Supreme Court refused to lift a temporary injunction on the Abortion Trigger Ban/Fetal Heartbeat Law
July 22, 2022 – Circuit Judge Mitch Perry extended the temporary injunction on the Abortion Trigger Ban/Fetal Heartbeat Law.
August 1, 2022 – A Kentucky appeals court has reversed a lower court injunction against the Abortion Trigger Ban/ Fetal Heartbeat Law. The laws are now in effect.
August 18, 2022 – The Kentucky Supreme Court upheld the appeals court ruling and refused to enjoin the Abortion Trigger Ban/Fetal Heartbeat Law. The laws remain in effect.
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Louisiana
Abortionists Protection Act:
July 7, 2022 – The City Council of New Orleans passed a bill that will not prioritize abortion as a crime. It will not fund investigations into the crime of abortion or other resources to investigate.
Abortion Trigger Ban:
July 7, 2022 – The Louisiana Supreme Court declined to reverse a temporary injunction against the state’s Abortion Trigger Ban.
July 8, 2022 – A district judge lifted the temporary injunction against the state’s Abortion Trigger Ban citing that the case was filed in the improper venue. The judge commented it needed to be filed in Baton Rouge. The law has gone back into effect.
July 12, 2022 – A district judge in Baton Rouge issued a temporary injunction blocking the Abortion Trigger Ban.
July 21, 2022 – The Louisiana Bond Commission voted, 12-2, to withhold $39 million in funds from New Orleans since the city is refusing to enforce the state’s Abortion Trigger Ban.
July 29, 2022 – An appeals judge lifted the injunction against the Abortion Trigger Ban.
August 12, 2022 – The Louisiana Supreme Court refused to enjoin the Abortion Trigger Ban.
Maine
Abortionists Protection Act:
July 5, 2022 – Maine Governor Janet Mills signed an Executive Order that protects abortionists in the state of Maine that violate other states’ pro-life laws. The EO prevents state agencies from working with other out-of-state agencies when they are investigating abortionists for crimes committed in violation of their laws.
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Massachusetts
Unrestricted Abortion:
July 26, 2022 – The Massachusetts House passed HB 5090 which would allow for abortion for any reason under the law through all stages of pregnancy. Furthermore, the bill would also force public universities to dispense abortion pills on campus, permits pharmacists to dispense abortion pills without a physician's prescription, shields abortionists from other state’s pro-life laws, and prevents laws agencies from arresting or investigating those abortionists who violate the pro-life laws of other states. The bill now proceeds to Governor Charlie Baker’s desk for either his signature or veto.
July 29, 2022, - Governor Charlie Baker signed HB 5090 into law.
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Michigan
Abortionists Protection Act:
July 13, 2022 – Michigan Governor Gretchen Whitmer signed an Executive Order that protects abortionists in the state of Michigan who violate other states’ pro-life laws. The EO prevents state agencies from working with other out-of-state agencies when they are investigating abortionists for crimes committed in violation of their laws.
Constitutional Amendment:
August 31, 2022 – The Michigan Elections Board disqualified a proposed ballot initiative to change the state constitution to recognize a so-called “right” to abortion because the measure had several typographical mistakes and other multiple errors.
September 1, 2022 – An emergency petition has been filed with the Michigan Supreme Court to have the proposed ballot initiative placed on the ballot.
September 8, 2022 – The Michigan Supreme Court ruled that the ballot initiative, even though it is riddled with typographical and other errors, may be placed on the November ballot.
Pre-Roe Abortion Ban:
August 1, 2022 – A Michigan appeals court ruled that prosecutors can enforce the pre-Roe Abortion Ban.
August 1, 2022 – A lower court has issued an injunction against the enforcement of the pre-Roe Abortion Ban citing that prosecutor's statements that they will prosecute abortionists and the appeals court that the prosecutors can prosecute will cause irreparable harm.
August 19, 2022 – Another lower court has granted an injunction against the pre-Roe Abortion Ban in Gov. Gretchen Whitmer’s case.
September 7, 2022 – State Judge Elizabeth Gleicher has ruled the pre-Roe Abortion Ban is unconstitutional under the state constitution.
Pro-Life Budget Provisions:
July 15, 2022 – Michigan Governor Gretchen Whitmer line-item vetoed two provisions. One provision she vetoed would have given public funds to pro-life college pregnancy centers. The other provision was a ban on using public funds to research on aborted fetal body parts.
July 20, 2022 – Michigan Governor Gretchen Whitmer line-item vetoed a $21.4 million dollar budget provision for pro-life pregnancy centers.
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Minnesota
Omnibus Pro-Life Laws:
July 11, 2022 – A state district judge ruled several pro-life laws unconstitutional. These laws include a parental notification law, a law that requires abortion to be performed by a licensed physician, a waiting period, and a requirement to give women information regarding risks to abortion, fetal development, and alternatives.
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Mississippi
Abortion Trigger Ban:
July 5, 2022 – The Jackson’s Woman’s Health Organization filed suit against the Abortion Trigger Ban.
July 5, 2022 – The district court refused to order a temporary injunction against the Abortion Trigger Ban.
July 19, 2022 – Jackson’s Woman’s Health Organization dropped its suit against the Abortion Trigger Ban.
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Missouri
Eugenic Abortion Ban (Down Syndrome):
July 11, 2022 – The US Eighth Circuit Court of Appeals ruled in favor of a law that bans abortions based upon an unborn child’s diagnosis of having Down Syndrome.
Out-of-State Travel Funding (Abortion):
July 20, 2022 – The St. Louis County Commission defeated, 4-3, a measure that would provide $1.24 million in public funds for those traveling out-of-state for abortions.
July 21, 2022 – The City of St. Louis passed a measure that would use public funds to organizations that help women to travel out-of-state for abortions. Attorney General Eric Scmitt has filed suit in the Circuit Court of St. Louis to stop the enactment of the law.
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Nebraska
Sanctuary City for the Unborn:
August 10, 2022 – The City of Stapleton, Nebraska passed a Sanctuary City for the Unborn Ordinance. The ordinance would make it illegal for anyone to perform, procure, aid, or abet in an abortion within the city. A private citizen may sue those who violate the law.
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New Mexico
Abortion Funding:
August 17, 2022 – The City of Albuquerque approved $250,000 in public funds for abortion businesses.
August 31, 2022 – Governor Michelle Lujan Grisham signed an Executive Order allocating $10 million in public funds to help build an abortion clinic near the border of Texas.
Sanctuary County for the Preborn:
July 14, 2022 – The Otero County Commission, in a unanimous decision, declared itself a “Sanctuary County for the Preborn”. The resolution states that it will defend and promote the dignity of the preborn child at all stages of development.
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New York
Abortion Funding:
July 22, 2022 – Governor Kathy Hochul expanded public funding by $15 million. She has set aside these funds for abortion clinics to apply for grants from this fund. The more unborn children the abortion clinic kills the more funding it can receive, up to $250,000.00.
Abortionists Protection Act:
July 6, 2022 – The City of Ithaca, New York passed an ordinance that prohibits city resources to aid out-of-state investigations into abortion procedures or abortionists.
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North Carolina
Abortionists Protection Act:
July 6, 2022 – Maine Governor Roy Cooper signed an Executive Order that protects abortionists in the state of North Carolina who violate other states’ pro-life laws. The EO prevents state agencies from working with other out-of-state agencies when they are investigating abortionists for crimes committed in violation of their laws.
Late-Term Abortion Ban (Prenatal Pain Protection Act; 20-Weeks):
July 21, 2022 – Attorney General Josh Stein commented that he will refuse to ask a federal judge to lift a 2019 injunction against the Late-Term Abortion Ban.
August 17, 2022 – US District Judge lifted the injunction against the Late-Term Abortion Ban. The law is now effective.
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North Dakota
Abortion Trigger Ban:
July 27, 2022 – State County District Judge Bruce Romanick temporarily blocked the Abortion Trigger Ban from taking effect.
August 25, 2022 – State County Judge Bruce Romanick enjoined the Abortion Trigger Ban.
September 23, 2022 – State County Judge Bruce Romanick refused to lift the temporary injunction against the Abortion Trigger Ban. The state plans to appeal the decision.
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Ohio
Fetal Heartbeat Law:
July 1, 2022 – The Ohio Supreme Court rejected the suit by the ACLU and Planned Parenthood and allowed the state’s Fetal Heartbeat Law to go into effect. The law prohibits the abortion of the unborn child once a fetal heartbeat is detectable, usually around the sixth week of gestation.
September 12, 2022 – The Ohio Supreme Court dismissed a challenge to the state’s Fetal Heartbeat Law by some abortion clinics. The clinics asked for the request. They plan to refile the case.
September 14, 2022 – A state district court issued a preliminary injunction against the state’s Fetal Heartbeat Law.
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Sanctuary City for the Unborn:
September 19, 2022 – Lebanon City Council passed an ordinance that removed language from their Sanctuary City for the Unborn Ordinance. The law will no longer prosecute those who advise on abortion, provide money for abortion, or transport for abortion.
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Oklahoma:
Abortion Ban (Private Enforcement Mechanism)/Abortion Trigger Ban:
July 1, 2022 – Planned Parenthood and the Tulsa Women’s Reproductive Clinic filed suit challenging both laws.
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Pennsylvania
Constitutional Amendment (No Right to Abortion):
July 7, 2022 – The Pennsylvania Senate Rules Committee passed a bill that would amend the state constitution to recognize that there is no right to abortion. The bill now proceeds to the Senate Floor for consideration.
July 8, 2022 – The Pennsylvania Senate passed SR 106.
Right to Abortion:
July 28, 2022 – Governor Tom Wolf filed suit in the state supreme court stating that the state constitution explicitly protects the so-called “right” to abortion under the personal right to privacy. This suit was filed to fight the passage of SR 106.
September 12, 2022 – The Pennsylvania Supreme Court denied Governor Tom Wolf’s request to hear his case.
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South Carolina
Abortion Ban:
August 16, 2022 – The House Judiciary Subcommittee passed HB 5399 which would ban abortion except to save the life of the mother. The bill now proceeds to the full Senate Judiciary Committee for consideration.
August 16, 2022 – The House Judiciary Committee passed HB 5399. The bill now proceeds to the full House for consideration.
August 30, 2022 – The South Carolina House passed HB 5399. The bill proceeds to the Senate for consideration.
September 6, 2022 – The South Carolina Senate Medical Affairs Committee passed HB 5399. The bill now proceeds to the Senate Floor for consideration.
September 8, 2022 – The South Carolina Senate amended HB 5399 since it could not overcome a filibuster. The new version of the bill strengthens the existing Fetal Heartbeat Law by reducing the time in which a rape victim can get an abortion from 20 weeks to 12 weeks. Under the new version, DNA must be given to the police as well. The bill now proceeds to the House for them to concur with the changes.
September 27, 2022 – The House did not concur with the changes in HB 5399.
Fetal Heartbeat Law:
July 14, 2022 – Planned Parenthood has filed suit against the Fetal Heartbeat Act. The law mandates that abortions are prohibited on an unborn child once fetal heart activity is detectable.
July 26, 2022 – A state district judge denied a request to temporarily block the enforcement of the Fetal Heartbeat Law. The law remains in effect.
August 17, 2022 – The South Carolina Supreme Court has enjoined the Fetal Heartbeat Law.
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Texas
Abortion Protection Act:
July 5, 2022 – The El Paso City Council defeated a measure that would have made investigating abortion as a crime a low priority. The measure would have not funded any endeavors to fund investigations and mandate that the police make it a low-priority crime.
July 21, 2022 – The City Council of Austin passed a measure that will not prioritize abortion as a crime. It will not fund investigations into the crime of abortion or other resources to investigate.
August 10, 2022 – The County of El Paso passed a measure that urged police officers to “use discretion” when investigating abortion. It was a clear indication that the County does not want abortions to be investigated, but was not willing to go as far as declaring it a “low priority”.
August 10, 2022 – The Dallas City Council passed an Abortionists Protect Act ordinance. The measure makes investigating abortion as a crime a low priority and does not allow city resources to be used to create records of those who committed abortions or abortion-related offenses.
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Pre-Roe Abortion Law:
July 2, 2022 – The Texas Supreme Court issued a ruling overturning a district court ruling that temporarily enjoined the pre-Roe Abortion Ban.
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Utah
Abortion Trigger Ban:
July 11, 2022 – A state district judge issued a temporary injunction against the state’s Abortion Trigger Ban.
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Vermont
Assisted Suicide:
August 25, 2022 – A woman from Connecticut filed suit against the state of Vermont over its residency requirement for assisted suicide.
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Washington
Abortionist Protection Act:
July 26, 2022 – The City Council of Seattle passed a bill that will prohibit the police from arresting anyone who violates another state’s pro-life laws or assisting in investigations.
Buffer Zone:
August 9, 2022 – The City Council of Seattle passed an ordinance that would prohibit the speech of pro-life sidewalk counselors trying to counsel women going into abortion clinics.
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West Virginia:
Abortion Ban:
July 25, 2022 – The West Virginia House Health and Human Resources Committee passed an Abortion Ban bill (HB 302), 16-6. The bill would prohibit abortion in all cases except for when the life of the mother is endangered or when the unborn child is severely disabled. The law also includes a parental notification requirement in the case a minor girl encounters those rare exceptions and also requires a 48-hour waiting period requirement in those rare cases. The bill now proceeds to the House Judiciary Committee for consideration.
July 27, 2022 – The West Virginia House Judiciary Committee passed HB 302. The bill now proceeds to the House Floor for consideration.
July 27, 2022 – The West Virginia House of Delegates passed HB 302, 69-23. The bill now proceeds to the Senate for consideration.
September 13, 2022 – The West Virginia Senate passed HB 302. The bill now proceeds to Governor Jim Justice for either his signature or veto.
September 16, 2022 – Governor Jim Justice signed HB 302 into law.
Pre-Roe Abortion Ban:
July 18, 2022 – a state district judge issued a temporary injunction blocking the enforcement of the pre-Roe Abortion Ban. The Attorney General has stated that he will appeal.
Wisconsin
Pre-Roe Abortion Ban:
July 5, 2022 – The Attorney General filed suit against the pre-Roe Abortion Ban claiming that since other pro-life laws have passed since Roe the law is now unenforceable.
September 21, 2022 – Governor Evers signed an order to call a special session. The special session was called in order to repeal the pre-Roe Abortion Ban.
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Wyoming
Abortion Trigger Ban:
July 27, 2022 – State County District Judge Melissa Owens temporarily blocked the Abortion Trigger Ban from taking effect.
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