A summary of state legislation - October 2023 – January 2023

Joe Kral, M.A.

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Arizona

Abortionist Protection Act:

October 11, 2022 – The City of Phoenix adopted a resolution to deprioritize the investigation of illegal abortions. The resolution also condemns the Dobbs decision, the state’s 15-Week Late-Term Abortion Ban, and the state’s pre-Roe Abortion Ban.

 

Pre-Roe Abortion Ban:

October 10, 2022 – An Arizona Appeals court overturned a state district judge’s decision to let the Pre-Roe Abortion Ban go into effect. The law is now temporarily enjoined.

 

October 27, 2022 – The state Attorney General has reached an agreement not to enforce the law until 2023.

 

December 30, 2022 – The Arizona Court of Appeals Court ruled that the law could go into effect, but that abortionists could not be prosecuted. The court said in its decision that other pro-life laws that regulated abortion allow for abortion to take place and those laws are in effect as well and those laws have not been repealed.

 

 

California

Constitutional Amendment (Right to Abortion):

November 6, 2022 – Ballot initiative Proposition 1, which would enshrine the so-called “right to abortion” within the state constitution passed.

 

 

Colorado

Sanctuary City for the Unborn:

November 28, 2022 – The City Council of Pueblo passed, on first reading, a proposed Sanctuary City for the Unborn Ordinance.

 

December 12, 2022 – The City Council of Pueblo tabled the proposed Sanctuary City for the Unborn Ordinance.

 

 

Georgia

Fetal Heartbeat Law:

November 15, 2022 – Superior County Judge Robert McBurney ruled that the Fetal Heartbeat Law was unconstitutional based on privacy provisions of the state constitution. The law mandated that abortions could not take place on an unborn child with a detectable heartbeat.

 

November 23, 2022 – The Georgia Supreme Court overruled the lower court’s ruling and allowed the Fetal Heartbeat Law to go back into effect during the appeals process.

 

 

Guam

Fetal Heartbeat Bill:

December 12, 2022 – The Guam Legislature has advanced Bill 291 to the third reading. The

legislation is modeled after Texas’ Fetal Heartbeat Law and contains a private enforcement mechanism.

 

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Hawaii

Abortionist Protection Act:

October 17, 2022 – Governor David Ige issued an Executive Order that would hinder the investigation of other states if an abortionist violated their state pro-life laws.

 

 

Idaho

Abortion Ban:

October 3, 2022 – The Satanic Temple filed suit challenging the Abortion Ban based on religious rights grounds.

 

 

Indiana

Abortion Ban:

October 12, 2022 – The Indiana Supreme Court refused to lift the injunction on the state’s

Abortion Ban. However, it did agree to take the case and scheduled oral arguments for January.

 

December 5, 2022 – Indiana Owen County Judge Kelsey Hanlon issued another injunction against the state’s Abortion Ban. This time the injunction is based on religious expression.

 

Humane Fetal Disposition:

November 29, 2022 – The US Seventh Court of Appeals upheld Indiana’s Humane Fetal Disposition Law which requires abortion clinics to either humanely bury or cremate the remains of those children killed by abortion.

 

 

Iowa

Abortionist Protection Act:

October 3, 2022 – The City Council of Des Moines rejected a proposal that would have 1) made abortion investigations a “low priority” and 2) refused to use city funds to help investigate crimes associated with abortion.

 

Fetal Heartbeat Law:

December 12, 2022 – State Judge Celene Gogerty permanently blocked the state’s Fetal Heartbeat Law from going into effect. The law prohibits abortion on an unborn child when there is a detectable heartbeat. Governor Kim Reynolds has stated she will appeal the decision.

 

 

Kansas

TeleMed Abortion Ban:

November 28, 2022 – Shawnee County District Court Judge Teresa Watson issued an injunction against the state’s TeleMed Abortion Ban. The ban prohibited the prescription of the abortion pill through Telehealth services and required face-to-face visits with the physician.

 

 

Kentucky

Abortion Ban:

October 10, 2022  - A group of Jewish women has filed suit against the state’s Abortion Ban claiming that it violates their religious liberty.

 

 

Massachusetts

Assisted Suicide:

December 19, 2022 – The Massachusetts Supreme Judicial Court ruled that assisted suicide is not a state constitutional right.

 

 

Michigan

Constitutional Amendment (Right to Abortion):

November 6, 2022 – Proposition 3, a ballot initiative that would amend the state constitution to recognize a so-called “right to abortion” was passed.

 

December 14, 2022 – Governor Gretchen Whitmer issued an order directing all state agencies to ensure that abortion is protected.

 

 

Minnesota

Sanctuary City for the Unborn:

December 3, 2022 – The City of Prinsburg voted against a proposed Sanctuary City for the Unborn Ordinance.

 

 

Nebraska

Sanctuary City for the Unborn

November 8, 2022 – The citizens of Arnold passed a Sanctuary City for the Unborn Ordinance ballot initiative. Like other Sanctuary City for the Unborn laws, it contains the private enforcement mechanism.

 

November 8, 2022 – The citizens of Brady passed a Sanctuary City for the Unborn Ordinance ballot initiative. Like other Sanctuary City for the Unborn laws, it contains the private enforcement mechanism.

 

November 8, 2022 – The citizens of Hershey passed a Sanctuary City for the Unborn Ordinance ballot initiative. Like other Sanctuary City for the Unborn laws, it contains the private enforcement mechanism.

 

November 8, 2022 – The citizens of Paxton passed a Sanctuary City for the Unborn Ordinance ballot initiative. Like other Sanctuary City for the Unborn laws, it contains the private enforcement mechanism.

 

November 8, 2022 – The citizens of Wallace passed a Sanctuary City for the Unborn Ordinance ballot initiative. Like other Sanctuary City for the Unborn laws, it contains the private enforcement mechanism.

 

 

New Jersey

Abortion Insurance Coverage:

December 2, 2022 – Governor Phil Murphy’s Administration has issued a mandate requiring private insurance companies to cover the costs of abortion. It will apply to groups that sell through the Get Covered New Jersey program. It is expected to take effect on January 1, 2023.

 

 

New York

Abortion Funding:

October 13, 2022 – Governor Kathy Hochul issued $13.4 million in public funds from the state’s Abortion Provider Support Fund.

 

 

New Mexico

Assisted Suicide:

December 15, 2022 – A group of doctors filed suit against the state challenging the state’s assisted suicide law claiming the law forces them to participate in assisted suicide contrary to their conscience.

 

Sanctuary City/County for the Unborn:

November 3, 2022 – The City of Clovis tabled a proposed Sanctuary City for the Unborn Ordinance. The proposal would have made it illegal for anyone to provide or help someone get an abortion by using civil penalties.

 

November 7, 2022 – The City of Hobbs unanimously passed a Sanctuary City for the Unborn Ordinance. The ordinance would make it illegal for a clinic to set up and make it illegal for anyone to provide or help someone get an abortion by using civil penalties.

 

December 1, 2022 – The City of Clovis City Council tried to vote to “un-table” the proposed Sanctuary City for the Unborn Ordinance. The mayor of the city cast the tie-breaking vote and voted not to un-table. The proposal still remains tabled.

 

December 9, 2022 – Lea County, New Mexico passed a Sanctuary County for the Unborn Ordinance.

 

 

North Dakota

Abortion Ban:

October 12, 2022 – The North Dakota Supreme Court ruled that State County Judge Bruce Romanick reconsider his ruling blocking the state’s Abortion Ban from taking effect in light of the fact that the abortion clinic challenging the law is no longer within the state.

 

November 1, 2022 – State County Judge Bruce Romanick blocked enforcement of the state’s Abortion Ban.

 

 

Ohio

Fetal Heartbeat Law:

October 7, 2022 – State District Judge Christian Jenkins permanently enjoined the Fetal Heartbeat Law.

 

December 16, 2022 – The State’s First Court of Appeals refused to lift the injunction against the Fetal Heartbeat Law while the case continues.

 

 

South Carolina

Abortion Ban:

October 18, 2022 – The South Carolina Senate failed to pass an Abortion Ban. The bill will now go to a Conference Committee to work out the differences between what the Senate wants and what the House has passed.

 

November 9, 2022 – The Conference Committee failed to pass a compromise bill. As a result, the bill has died for the session.

 

 

South Dakota

Informed Consent:

October 26, 2022 – The US Eighth Court of Appeals has dismissed a case and ordered a lower court to reverse its decision challenging a South Dakota Law that requires a woman to have counseling before an abortion. In effect, the law was upheld due to the Dobbs ruling.

 

 

Tennessee

Abortion Funding:

October 4, 2022 – The Nashville City Council approved a $500,000 grant to Planned Parenthood.

 

 

Texas

Sanctuary City/County for the Unborn:

November 8, 2022 – The citizens of Abilene passed a Sanctuary City for the Unborn Ordinance ballot initiative. Like other Sanctuary City for the Unborn laws, it contains the private enforcement mechanism.

 

November 8, 2022 – The citizens of Athens passed a Sanctuary City for the Unborn Ordinance ballot initiative. Like other Sanctuary City for the Unborn laws, it contains the private enforcement mechanism.

 

November 8, 2022 – The citizens of Plainview passed a Sanctuary City for the Unborn Ordinance ballot initiative. Like other Sanctuary City for the Unborn laws, it contains the private enforcement mechanism.

 

November 8, 2022 – The citizens of San Angelo passed a Sanctuary City for the Unborn Ordinance ballot initiative. Like other Sanctuary City for the Unborn laws, it contains the private enforcement mechanism.

 

November 23, 2022 – The Odessa City Council voted 5-1 to pass a Sanctuary City for the Unborn Ordinance. It will need to pass a second vote.

 

December 12, 2022 – Midland County has passed a Sanctuary County for the Unborn Ordinance, 4-1.

 

December 13, 2022 – The Odessa City Council passed the Sanctuary City for the Unborn Ordinance.

 

 

 

Vermont

Constitutional Amendment (“Right” to Abortion):

November 6, 2022 – The ballot initiative to pass a state constitutional amendment to enshrine the so-called right to abortion was passed.

 

December 13, 2022 – Governor Phil Scott and the Secretary of State signed, thereby ratifying the passed amendments into the state constitution.

 

 

 

Virginia

Pro-Life County Resolution:

October 4, 2022 – Tazewell County Board of Supervisors passed a “Sanctuary for the Rights of the Unborn” resolution. The resolution will look into how to help pro-life pregnancy centers.

 

November 8, 2022 – The Washington County Board of Supervisors passed a resolution declaring itself a “pro-life county”.

 

 

 

Wisconsin

Pre-Roe Abortion Ban:

               October 4, 2022 – The Wisconsin Senate immediately gaveled out of the special session called

               by Gov. Tony Evers to repeal the pre-Roe Abortion Ban.

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