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FAST FACTS ABOUT ANTI-CHOICE ISSUES:

FAST FACTS ABOUT PRO-CHOICE ISSUES:

Who Decides?
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Fast Facts

Freedom of Choice Acts

What are Freedom of Choice Acts and why do states need to codify Roe's protections?

The U.S. Supreme Court recognized in Roe v. Wade that the U.S. Constitution guarantees a woman's right to choose.  However, in subsequent decisions the Supreme Court limited some of Roe's protections and seems poised to continue to dismantle or even eliminate them entirely.  A Freedom of Choice Act helps to ensure that a woman's right to choose is protected, by making Roe's protections a permanent part of state or federal law.  Women in states with Freedom of Choice Acts—or women nationwide if Congress were to pass a federal version—would continue to have access to safe, legal abortion care, even if Roe is further eroded or overturned in the courts.  However, if the Supreme Court overturned or eviscerated Roe, Congress could ban some or all abortion nationwide, trumping state codifications of Roe's protections.

CURRENT STATE LAWS

7 states have codified a woman's right to choose, making the protections of Roe v. Wade part of state law:  CA, CT, HI, ME, MD, NV, WA.

  • 3 states enacted these measures by ballot initiative:  MD, NV, WA.

2007 STATE LEGISLATION

3 states considered 5 measures that would make the protections of Roe v. Wade part of state law:  IL, NY, RI.

2007 FEDERAL LEGISLATION

Pro-choice federal lawmakers sponsored legislation to codify a woman's right to choose and make the protections of Roe v. Wade permanent in federal law.

For a map of all states with Freedom of Choice Acts - click here.

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