Abortion in Minnesota

Last updated

Abortion in Minnesota is legal at all stages of pregnancy. [1] [2] The Minnesota Supreme Court ruled the Minnesota Constitution conferred a right to an abortion in 1995 and the DFL-led Minnesota Legislature passed and Minnesota Governor Tim Walz signed into law a bill in 2023 to recognize a right to reproductive freedom and preventing local units of government from limiting that right, making Minnesota the first state in the nation in the post-Roe era to ensure residents have a legal right to an abortion.

Contents

About 10,000 abortions occur each year in the state.

In a 2014 Pew Research Center survey, 52% of Minnesota adults said that abortion should be legal in all or most cases, while 45% said that abortion should be illegal in all or most cases. [3]

Background

Abortion was a criminal offense for women by 1950.  By 2007, the state had informed consent laws on the book. The state legislature passed abortion restrictions in 2011, 2012 [4] and 2018 [5] that were ultimately all vetoed by DFL governor Mark Dayton. [6] [7]

The number of abortion clinics have been declining in recent years, going from twenty in 1982 to fourteen in 1992 to six in 2014. There were 10,123 legal abortions performed in 2014, and 9,861 in 2015.[ citation needed ] Abortion was criminally prosecuted between 1911 and 1930, resulting in 30 convictions against women in that period.

By 2019, Minnesota was one of only two states in the nation (along with Alabama) that did not have a law that terminated parental rights of men who produced a child via rape or incest. [8] [9]

Today, the state has an active abortion rights community, including the organization UnRestrict MN [10] and Pro-Choice Minnesota, [11] [12] involved in activities such as facilitating travel for women seeking abortions and advocating in support of abortion rights.  There is also an active anti-abortion rights community, which includes organizations like Minnesota Family Council and Minnesota Citizens Concerned for Life.

History

Legislative history

In the 1950s, the state legislature passed a law stating that a woman who had an abortion or actively sought one (regardless of whether she went through with it) was guilty of a criminal offense. [13] Parental consent laws passed by Massachusetts and Minnesota in the 1980s created over 12,000 petitions to bypass consent.  Of these, 21 were denied and half of these denials were overturned on appeal. [14] [15]

The state was one of 23 states in 2007 to have a detailed abortion-specific informed consent requirement. [16] Arkansas, Minnesota and Oklahoma all require that women seeking abortions after 20-weeks be verbally informed that the fetus may feel pain during the abortion procedure despite a Journal of the American Medical Association conclusion that pain sensors do not develop in the fetus until between weeks 23 and 30. [17] The state legislature was one of four states nationwide that tried, and failed, to pass an early abortion ban in 2012 (often called a "fetal heartbeat bill" by proponents). [18] It was also introduced in 2019 by Representative Tim Miller. [19]

In 2018, the state was one of eleven where the legislature introduced a bill that would have banned abortion in almost all cases.  It did not pass. [18] The state legislature was one of ten states nationwide that tried to unsuccessfully pass a "heartbeat bill" in 2018.  Only Iowa successfully passed such a bill, but it was struck down by the courts. [18] As of May 14, 2019, the state prohibited abortions after the fetus was viable, generally some point between weeks 24 and 28 in gestation. This period was defined by the US Supreme Court in their landmark 1973 case Roe v. Wade . [18]

Protect Reproductive Options Act

In January 2023, the Minnesota Legislature passed the Protecting Reproductive Options Act to "explicitly protect and codify abortion rights" within Minnesota law. Tim Walz, the Governor of Minnesota, signed the bill into law on January 31, 2023. [20] [21]

Judicial history

In a 1894 case on abortion, the Minnesota Supreme Court said, "As a first impression, it may seem to be an unsound rule that one who solicits the commission of an offense, and willingly submits to its being committed upon her own person, should not be deemed an accomplice, while those whom she has thus solicited should be deemed principal criminals in the transaction.  But in cases of this kind the public welfare demands the application of this rule, and its exceptions from the general rule seems to be justified by the wisdom of experience.  The wife, then, in this case, was not, within the rules of the law, an accomplice.  She was the victim of the cruel act which resulted in her death.  Misguided by her own desires, and mistaken in her belief, she, by the advice of the defendant, submitted to his treatment, willing, it may be; but the desire of one, and the criminal act of the other, resulted in the death of one, and the imprisonment of the other." [13]

Roe v. Wade

The US Supreme Court's decision in 1973's Roe v. Wade ruling meant the state could no longer regulate abortion in the first trimester. [13] However, the Supreme Court overturned Roe v. Wade in Dobbs v. Jackson Women's Health Organization , No. 19-1392 , 597 U.S. ___(2022) later in 2022. [22] [23]

Hodgson v. Minnesota

The 1990 US Supreme Court case Hodgson v. Minnesota said that parental consent can cause danger for minors seeking abortions if physical, emotional or sexual abuse is already present. [14] [24] The case concerned a Minnesota law that required notifying both parents of a minor before she could undergo an abortion; it also contained a judicial bypass provision designed to take effect only if a court found it necessary. [25] Dr. Jane Hodgson, a Minneapolis gynecologist, challenged the law. The Eighth Circuit had ruled that the law would have been unconstitutional without a judicial bypass option. [25] While Justice Stevens delivered a majority opinion for one of the holdings, there were five votes for each of two holdings, with Justice O'Connor proving as the decisive vote for each. [25] Justices Stevens, Brennan, Marshall, Blackmun and O'Connor formed a majority holding that the two-parent notice requirement by itself was unconstitutional. [25] Justice O'Connor believed that the two-parent requirement entailed risk to a pregnant teenager; she also argued that the rule failed to meet even the lowest standard of judicial review, a rationality standard. [25] She joined the Court's more conservative Justices (Chief Justice Rehnquist and Justices White, Scalia and Kennedy), to form a majority for the law being valid with the judicial bypass; Justice Kennedy had pointed out the usefulness of the bypass procedure, as judges granted all but a handful of requests to authorize abortions without parental notice. [25]

Doe v. Gomez

In 1995, the Minnesota Supreme Court ruled in Doe v. Gomez that the Minnesota Constitution conferred a right to an abortion and public funding for an abortion. [26] A 2022 ruling by a state district court in Doe v. Minnesota decided that certain regulations on abortion were also unconstitutional. [27]

Clinic history

Number of abortion clinics in Minnesota by year Number of abortion clinics in Minnesota by year.svg
Number of abortion clinics in Minnesota by year

Between 1982 and 1992, the number of abortion clinics in the state decreased by six, going from twenty in 1982 to fourteen in 1992. [28] In 2014, there were six abortion clinics in the state. [29] In 2014, 95% of the counties in the state did not have an abortion clinic. That year, 59% of women in the state aged 15–44 lived in a county without an abortion clinic. [30]

Statistics

In the period between 1972 and 1974, there were no recorded illegal abortion-related death in the state. [31] In 1990, 529,000 women in the state faced the risk of an unintended pregnancy. [28] In 2013, among white women aged 15–19, there were 510 abortions, 260 abortions for black women aged 15–19, 80 abortions for Hispanic women aged 15–19, and 140 abortions for women of all other races. [32]

In 2014, 52% of adults said in a poll conducted by the Pew Research Center that abortion should be legal in all or most cases. 45% said they opposed abortion in all or most cases. [33] The New York Times estimated that in 2022, 54% of Minnesotan's thought abortion should be "mostly legal", while 40% thought it should be "mostly illegal". [34]

Number of reported abortions, abortion rate and percentage change in rate by geographic region and state in 1992, 1995 and 1996 [35]
Census division and stateNumberRate % change 1992–1996
199219951996199219951996
West North Central57,34048,53048,66014.311.911.9–16
Iowa6,9706,0405,78011.49.89.4–17
Kansas12,57010,31010,63022.418.318.9–16
Minnesota16,18014,91014,66015.614.213.9–11
Missouri13,51010,54010,81011.68.99.1–21
Nebraska5,5804,3604,46015.712.112.3–22
North Dakota1,4901,3301,29010.79.69.4–13
South Dakota1,0401,0401,0306.86.66.5–4
Number, rate, and ratio of reported abortions, by reporting area of residence and occurrence and by percentage of abortions obtained by out-of-state residents, US CDC estimates
LocationResidenceOccurrence % obtained by

out-of-state residents

YearRef
No.Rate^Ratio^^No.Rate^Ratio^^
Minnesota15.61992 [35]
Minnesota14,91014.21995 [35]
Minnesota14,66013.91996 [35]
Minnesota9,5339.113610,1239.61459.32014 [36]
Minnesota9,2348.81329,8619.41419.82015 [37]
Minnesota9,4258.913510,0179.51449.02016 [38]
^number of abortions per 1,000 women aged 15–44; ^^number of abortions per 1.000 live births

Criminal prosecutions of abortion

Between 1911 and 1930, there were 100 indictments and 30 convictions for women having abortions. [13] Dr. Jane Hodgson was convicted in 1970 of performing an illegal abortion on a 23-year-old woman in Minnesota. Hodgson was an abortion rights activist. [39]

Abortion financing

Minnesota is one of seventeen states that uses state funds to cover all or most medically necessary abortions sought by low-income women under Medicaid. Minnesota is one of thirteen other states that are required by State court orders to do so. [40] In 2010, the state had 3,941 publicly funded abortions, of which sixteen were federally funded and 3,925 were state funded. [41]

St. Paul, Minnesota, January 21, 2017. Over 30,000 people gathered in St. Paul and marched to the Minnesota capitol to protest President Donald Trump. Women's march against Donald Trump (32069072390).jpg
St. Paul, Minnesota, January 21, 2017. Over 30,000 people gathered in St. Paul and marched to the Minnesota capitol to protest President Donald Trump.

Abortion rights views and activities

Protests

Following the overturn of Roe v. Wade on June 24, 2022, abortion rights protests were held in Minneapolis and Saint Paul. [42] An abortion rights protest was also held in St. Cloud at the Stearns County Courthouse. [43]

Anti-abortion views and activities

Organizations

Minnesota Family Council (MFC) is a Christian organization that, among other issues, opposes abortion and abortion-related education in public schools, stating that: "human life is sacred from conception to natural death and must be protected by government". [44]

Violence

In 1977, there was an arson attack on a Minnesota abortion clinic. [45] An act of violence took place at an abortion clinic in Crow Wing County, Minnesota. [45] On January 22, 2009, Matthew L. Derosia, 32, who was reported to have had a history of mental illness, [46] rammed an SUV into the front entrance of a Planned Parenthood clinic in Saint Paul, Minnesota, [46] causing between $2,500 and $5,000 in damage. [47] Derosia, who told police that Jesus told him to "stop the murderers", was ruled competent to stand trial. He pleaded guilty in March 2009 to one count of criminal damage to property. [47]

Related Research Articles

Abortion in Georgia is legal up to the detection of an embryonic heartbeat, which typically begins in the 5th or 6th week after the onset of the last menstrual period (LMP) or in two to three weeks after implantation. This law came into force on July 20, 2022, almost a month after the U.S. Supreme Court's Dobbs v. Jackson Women's Health Organization, No. 19-1392, 597 U.S. ___ (2022) ruling. In 2007, mandatory ultrasound requirements were passed by state legislators. Georgia has continually sought to legislate against abortion at a state level since 2011. The most recent example, 2019's HB 481, sought to make abortion illegal as soon as an embryonic heartbeat can be detected; in most cases that is around the six-week mark of a pregnancy. Many women are not aware they are pregnant at this time. An injunction was issued against this bill by a federal judge, who ruled that it contravened the Supreme Court's 1973 ruling. A poll conducted by the Pew Research Center in 2014 found that 49% of Georgians believed abortions should be illegal in all or most cases vs 48% legal in all or most cases.

As of 2022, abortion in Missouri is illegal, with abortions only being legal in cases of medical emergency and several additional laws making access to abortion services difficult. In 2014, a poll by the Pew Research Center found that 52% of Missouri adults said that abortion should be legal vs. 46% that believe it should be illegal in all or most cases. According to a 2014 Public Religion Research Institute (PRRI) study, 51% of white women in the state believed that abortion is legal in all or most cases.

Abortion in Alaska is legal at all stages of pregnancy, as long as a licensed physician performs the procedure. As of 2016, Alaska does not require a minor to notify a parent or guardian in order to obtain an abortion. 63% of adults said in a poll by the Pew Research Center that abortion should be legal in all or most cases. Alaska was one of only four states to make abortion legal between 1967 and 1970, a few years before the US Supreme Court's decision in 1973's Roe v. Wade ruling. Alaska had consent requirements for women seeking abortions by 2007 that required abortion providers to warn patients of a link between abortion and breast cancer despite it being scientifically unsupported.

Abortion in Arkansas is illegal except when it is necessary to save the life of the mother. Doctors determined to have performed an abortion face up to 10 years in prison and fines up to $100,000.

Abortion in Delaware is legal up to the point of fetal viability. 55% of adults said in a poll by the Pew Research Center that abortion should be legal and 38% stated it should be illegal in all or most cases. There was a therapeutic exceptions in the state's legislative ban on abortions by 1900. Informed consent laws were on the books by 2007. In 2017, Senator Bryan Townsend, D-Newark introduced legislation to try to make clear that abortion would remain legal in the state in case 1973's Roe v. Wade ruling was overturned. The legislation was subsequently updated. Attempts have been made to introduce mandatory ultrasound laws, but they failed to get out of committee. State legislators tried to move ahead the week at which a woman could get a legal abortion in 2019.

Abortion in Kentucky is illegal. There were laws in Kentucky about abortion by 1900, including ones with therapeutic exceptions. In 1998, the state passed legislation that required clinics to have an abortion clinic license if they wanted to operate. By the early 2010s, members of the Kentucky Legislature attempted to ban abortion in almost all cases and had also introduced the early abortion bans. Prior to 2019, Kentucky law prohibited abortions after week 22. This changed when the state legislature passed a law that moved the prohibition to week 6 in the early part of the year. In that year, 57% of people in Kentucky said abortion should be "illegal in all or most cases." A bill passed and made effective in April 2022 lowered the threshold to 15 weeks, the second most restrictive limit in effect in the United States behind Texas, and introduced regulations that made abortion illegal until it was blocked in federal court.

Abortion in Maine is legal throughout all stages of pregnancy. According to a poll by the Pew Research Center, 64% of adults said that abortion should be legal with 33% stating that it should be illegal in all or most cases.

Abortion in Massachusetts is legal at all stages of pregnancy, although terminations after the 24th week can only be performed if a physician determines it to be medically necessary. Modern Massachusetts is considered to be one of the most pro-choice states in the country: a Pew Research poll finding that 74% of residents supported the right to an abortion in all or most cases, a higher percentage than any other state. Marches supporting abortion rights took place as part of the #StoptheBans movement in May 2019.

Abortion in Michigan is legal throughout all stages of pregnancy. A state constitutional amendment to explicitly guarantee abortion rights was placed on the ballot in 2022 as Michigan Proposal 22–3; it passed with 57 percent of the vote, adding the right to abortion and contraceptive use to the Michigan Constitution. The amendment largely prevents the regulation of abortion before fetal viability, unless said regulations are to protect the individual seeking an abortion, and it also makes it unconstitutional to make laws restricting abortions which would protect the life and health, physical and/or mental, of the pregnant individual seeking abortion.

Abortion in Nevada is legal up to the 24th week of pregnancy, under the Nevada Revised Statutes chapter 442, section 250; and after 24 weeks if the pregnancy could be fatal for the pregnant woman. 62% of adults said in a poll by the Pew Research Center that abortion should be legal while 34% said it should by illegal in all or most cases. Legislation by 2007 required informed consent. Attempts were successfully made to pass abortion legislation in May 2019, being pushed through a largely Democratic controlled state legislature. The number of abortion clinics in Nevada has declined over the years, with 25 in 1982, seventeen in 1992 and thirteen in 2014. There were 8,132 legal abortions in 2014, and 7,116 in 2015. Due to the high level of support for abortion rights, continued access to abortion is supported by all parties, including the Republicans.

Abortion in New York is legal at all stages of pregnancy, although abortions after the 24th week of pregnancy require a physician's approval. Abortion was legalized up to the 24th week of pregnancy in New York (NY) in 1970, three years before it was legalized for the entire United States with the Supreme Court's decision in Roe v. Wade in 1973. Roe v. Wade was later overturned in 2022 by the Supreme Court in Dobbs v. Jackson Women's Health Organization. The Reproductive Health Act, passed in 2019 in New York, further allows abortions past the 24th week of pregnancy if a woman's life or health is at risk or if the fetus is not viable. However, since these exceptions are not defined by the law, and the law carries no criminal penalties, abortion is effectively legal throughout pregnancy.

Abortion in North Dakota is illegal. The state's sole abortion clinic relocated to Minnesota.

Abortion in Pennsylvania is legal up to the 24th week of pregnancy. 51% of Pennsylvania adults said in a 2014 poll by the Pew Research Center that abortion should be legal and 44% said it should be illegal in all or most cases.

Abortion in South Dakota is illegal. Anyone who induces an abortion is guilty of a Class 6 felony. An exception is included to "preserve the life of the pregnant female," given appropriate and reasonable medical judgment.

Abortion in Utah is legally performed under a temporary restraining order blocking enforcement of the state's trigger law, which bans abortion. According to HB136, which is effective state law from June 28, 2022, abortions are banned following 18 weeks of gestation. Abortion was banned following the Supreme Court case, Dobbs v. Jackson Women's Health Organization on June 24, 2022. Utah State Legislation enacted SB 174 in May 2020, which, upon the overturn of Roe v. Wade, made inducing an abortion a second-degree felony. The law includes exceptions for pregnancies "caused by rape or incest," pregnancies that put the mother's life at risk, or "if two doctors say the fetus has a lethal defect." Rape and incest exceptions will only be viable if the crimes were previously reported to law enforcement officials.

Abortion in Vermont is legal in all stages of pregnancy. A 2014 Pew Research Center poll showed 70% of adults in the state believed abortion should be legal in most or all cases, the second highest percentage in the country. The state funds abortions deemed medically necessary for low-income women via Medicaid.

Abortion in the U.S. state of Virginia is legal up to the end of the second trimester of a pregnancy. Before the year 1900, abortion remained largely illegal in Virginia, reflecting a widespread trend in many U.S. states during the 19th and early 20th centuries. Abortion was viewed as a criminal act and subject to state laws that prohibited it. However, by 1950, Virginia introduced a legal therapeutic exception, allowing for abortion under specific circumstances, primarily when a woman's physical or mental health was at risk. Notably, the University of Virginia Hospital established a review board in 1950 responsible for evaluating and approving abortion requests, particularly those grounded in psychiatric reasons. This thorough approval process resulted in a significant decrease in the number of abortions performed at the hospital.

Abortion in West Virginia is illegal except in cases of rape, incest, fatal fetal abnormalities, and when the mother’s life is at risk from a pregnancy.

Abortion in Wisconsin has been legal since September 18, 2023, and is performed in Madison, Milwaukee and Sheboygan through 22 weeks gestation. However, elective abortions in Wisconsin are under dispute after the overturning of Roe v. Wade by the Supreme Court of the United States on June 24, 2022. Abortion opponents cite an 1849 law that they claim bans the procedure in all cases except when the life of the mother is in danger. However, lower level courts have argued that the law only applies to infanticide and not consensual abortions. The enforceability of the law is disputed and being considered by the state courts. Planned Parenthood of Wisconsin announced that they would resume abortion services in Madison and Milwaukee on September 18, 2023. Planned Parenthood of Wisconsin later announced that they would resume abortion services in Sheboygan on December 28, 2023.

Abortion in New Mexico is legal at all stages of pregnancy. The number of abortion clinics in New Mexico has declined over the years, with 26 in 1982, 20 in 1992 and 11 in 2014. There were 4,500 legal abortions in 2014. There were 7 facilities providing abortion in New Mexico in 2017, and 6 of those were clinics. In 2017, 91% of New Mexico counties had no clinics that provided abortions, and 48% of New Mexico women lived in those counties.

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