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Abortion in Louisiana

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Abortion in Louisiana is illegal as of August 1, 2022.[1][2]

In 2022, Governor John Bel Edwards signed a law criminalizing abortion providers. An earlier version of the bill had also sought to criminalize abortion seekers, but this was vehemently opposed by both opponents and advocates of abortion rights.[3] In 2023, some lawmakers proposed adding exceptions for rape and incest, but these proposals were defeated.[4] Louisiana is among the four states which forbid abortion access through their state constitution; the others include Alabama, Tennessee, and West Virginia.

In 2024, Governor Jeff Landry signed a law that classifies the abortion-inducing drugs mifepristone and misoprostol as controlled substances.[5]

A 2022 LSU poll found that 49% thought abortion should be illegal in all or most cases, and 46% thought it should be legal. Among Democrats, the rate of support increased from 51% to 74% after a similar poll in 2016, while there was little change among Republicans.[6] The 2023 American Values Atlas reported that, in their most recent survey, 53% of people from Louisiana said that abortion should be legal in all or most cases.[7]

History

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Legislative

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Status of the "heartbeat bills", i.e. abortion bans at around 6 weeks, by state (exceptions not marked):
  Heartbeat bills supplemented or rendered moot by abortion bans at all stages
  Abortion bans at all stages, but heartbeat bills blocked
  Other states with abortion bans at all stages, or states without abortion providers
  Heartbeat bill in force, without total abortion bans
  Heartbeat law partially passed by state legislature
  Law passed but blocked or struck down by court order

By the end of the 1800s, Louisiana was the only state lacking a therapeutic exception in its legislative ban on abortions.[8] In the 19th century, abortion bans by state legislatures centered on protecting the life of the mother given the number of deaths caused by abortions. State governments viewed themselves as looking out for the lives of their citizens.[8]

A 1997 Louisiana law created a civil cause-of-action for abortion-related damages, including damage to the unborn child for up to ten years after the abortion. The same law also barred the state's Patient's Compensation Fund (which limits malpractice liability for participating physicians) from insuring against abortion-related claims.[9][10] An attorney for the Center for Reproductive Rights, who opposes the law, stated that it is an attempt to drive abortion providers out of practice, and that every completed abortion imposes strict liability under the law because abortion necessarily involves damage to the unborn child.[11]

On June 19, 2006, ex-Governor Kathleen Blanco signed a trigger ban on most forms of abortion, with the exception of threats to the life or permanent health of the mother. Although supporting exceptions for cases involving rape and incest, she stated that the lack of their inclusion was not sufficient grounds to veto the law. The law would allow for the prosecution of any person who performed, or aided someone in performing, an abortion. It included penalties up to 10 years imprisonment and a fine of $100,000.[12]

In the 2000s, Louisiana passed a law banning abortions after 22 weeks based on the belief that fetuses can feel pain at that point in a pregnancy.[13] In 2007, Louisiana was one of 23 states to have a detailed abortion-specific informed-consent requirement.[14] By law, abortion providers in Louisiana were required to perform an ultrasound on a pregnant woman prior to providing her with abortion services, despite the fact that it serves no medical purpose at that point of gestation.[15]

In 2011, Louisiana became one of six states to introduce a bill (which failed to pass) banning abortion in almost all cases.[16] In 2013, the state's Targeted Regulation of Abortion Providers (TRAP) law applied to private doctor offices in addition to abortion clinics.[17] In 2014, the state passed a law that required it to maintain a database of women who had abortions in the state, and the type of abortion performed.[18] A second law passed in 2014, Act 620, was modeled after an earlier Texas law requiring that any doctor performing abortions also have admittance privileges at an authorized hospital within a 30-mile radius of the abortion clinic, among other new requirements. At the time the law was passed, only one doctor met the required criteria, effectively leaving only one legal abortion clinic in the state.[19] The state had a law on the books in August 2018 that would be triggered if Roe v. Wade was overturned.[20]

One of the most active years (in terms of trying to pass abortion rights restrictions) for state legislatures across the nation was 2019. Many Republican-led states began to push these bills after Brett M. Kavanaugh was confirmed as a US Supreme Court judge (Kavanaugh replacing the more liberal Anthony M. Kennedy). These state governments generally saw Kavanaugh's confirmation as a positive efforts that moves to restrict abortion rights would less likely face resistance by the courts.[16] In mid-May 2019, Louisiana state law banned abortion after week 22.[16] Shortly thereafter, the Louisiana legislature passed making abortion illegal in almost all cases. Louisiana was one of several states passing similar laws in April and May 2019, alongside Georgia, Missouri, and Alabama. The bill was created as an amendment and required voters in the state to pass it via referendum before it could become law. The law was an example of a "fetal heartbeat" bill.[16][21] At the time the bill passed, 15% of the state legislators were female, with only two female representatives voting against the bill.[22]

In 2020, Louisiana voters passed a measure to amend the state constitution to omit any language implying that a woman has a right to get an abortion or that any abortion that does occur should be funded.[23][24]

In May 2022, a state House committee voted 7–2 to advance a bill (HB813) that would open the possibility of a woman and her physician being charged with homicide for having an abortion at any point during gestation, and could also criminalize the destruction of embryos during IVF.[25][26][27] The bill faced bipartisan opposition from lawmakers and some anti-abortion groups.[28] The bill was ultimately amended to remove criminal penalties for abortion seekers, and was and signed into law by Governor John Bel Edwards.[3]

In July 2022, the New Orleans City Council voted unanimously to not enforce the state's anti-abortion laws, effectively decriminalising abortion.[29]

Judicial

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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.[8]

The model Texas law passed in 2014 was declared unconstitutional by the Supreme Court in Whole Woman's Health v. Hellerstedt in 2016, as the additional admitting privileges required by Texas law interfered with a woman's right to an abortion per Roe v. Wade.[30] While the Texas law was being challenged, the Louisiana law was challenged by abortion clinics and doctors in the state in June Medical Services, LLC v. Gee; while the District Court ordered an injunction on the law, the Fifth Circuit Court of Appeals reversed this decision, allowing the law to come in effect later in 2014. The plaintiffs petitioned the Supreme Court, which granted an emergency stay of the Fifth Circuit's order. The court was pending the result of the pending Texas litigation in Whole Woman's Health. June Medical Services was remanded back to District Court, which found the law to be unconstitutional under Whole Woman's Health. The Fifth Circuit reversed the District's finding and prepared to allow the law to be reintroduced by February 4, 2019, differentiating the case from the one in Texas as they found the physician had not taken any steps to try to qualify for this allowance. The plaintiffs again petitioned the Supreme Court for an emergency stay of the Fifth Circuit's decision.[31] Justice Samuel Alito granted the stay of the law until February 7, 2019, stating that the Court needed more time to evaluate the request and had made no merits on the ruling of the case.[32] On February 7, 2019, the Supreme Court ruled 5–4, with Justice John Roberts joining the liberal Justices, in reversing the Firth Circuit's order, effectively preventing the law from going into effect.[33] 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 which returned the legislative decision to the individual states.[34][35]

Clinical

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Number of abortion clinics in Louisiana by year
See also: Abortion clinic

Source:[27]

Between 1982 and 1992, the number of abortion clinics in Louisiana decreased by one, going from eighteen in 1982 to seventeen in 1992.[36] In 2014, there were five abortion clinics in the state.[37] In 2014, 92% of the parishes in the state lacked an abortion clinic, leaving 63% of women between the ages of 15-44 without access to an abortion clinic.[20] In 2017, there were two Planned Parenthood clinics (neither of which offered abortion services) in Louisiana whose population of women aged 15–49 at the time was 1,089,684.[38] North Dakota, Wyoming, Mississippi, Louisiana, Kentucky and West Virginia were the only six states as of July 21, 2017, to not have a Planned Parenthood clinic offering abortion services.[38]

Statistics

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Between 1972 and 1974, Louisiana had an illegal-abortion mortality rate of 0.1-0.9 per million women aged 15–44.[39] In 1990, 489,000 women in Louisiana faced the risk of unintended pregnancy.[36] In 2001, Arizona, Florida, Iowa, Louisiana, Massachusetts, and Wisconsin did not provide any residence-related data regarding abortions performed in the state to the Centers for Disease Control.[40] In 2010, the state had zero publicly funded abortions.[41] In 2013, there were 290 abortions among white women aged 15–19, 640 abortions for black women aged 15–19, zero abortions for Hispanic women aged 15–19, and 60 abortions for women of all other races.[42] In 2014, 57% of adults indicated (in a national poll by the Pew Research Center) that abortion should be illegal in all or most cases with only 39% saying it should be legal.[43]

In March 2024, a report was released stating that in the wake of Louisiana's abortion ban, pregnant patients had been given risky, unnecessary surgeries and C-sections, denied swift treatment for miscarriages, were forced to delay routine prenatal care until after 12 weeks of pregnancy, and were forced to wait until their life was at risk before getting an abortion.[44]

Number of reported abortions, abortion rate and percentage change in rate by geographic region and state in 1992, 1995 and 1996[45]
Census division and state Number Rate % change 1992–1996
1992 1995 1996 1992 1995 1996
US Total 1,528,930 1,363,690 1,365,730 25.9 22.9 22.9 –12
West South Central 127,070 119,200 120,610 19.6 18 18.1 –8
Arkansas 7,130 6,010 6,200 13.5 11.1 11.4 –15
Louisiana 13,600 14,820 14,740 13.4 14.7 14.7 10
Oklahoma 8,940 9,130 8,400 12.5 12.9 11.8 –5
Texas 97,400 89,240 91,270 23.1 20.5 20.7 –10
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
Location Residence Occurrence % obtained by
out-of-state residents 		Year Ref
No. Rate^ Ratio^^ No. Rate^ Ratio^^
Louisiana 13,600 13.4 1992 [45]
Louisiana 14,820 14.7 1995 [45]
Louisiana 14,740 14.7 1996 [45]
Louisiana 9,416 10.0 146 10,322 10.9 160 14.1 2014 [46]
Louisiana 8,515 9 132 9,362 9.9 145 14.6 2015 [47]
Louisiana 8,243 8.8 130 8.973 9.5 142 15.4 2016 [48]
^number of abortions per 1,000 women aged 15–44; ^^number of abortions per 1,000 live births

Abortion rights views and activities

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Protests

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Louisiana women participated in marches supporting abortion rights as part of a #StoptheBans movement in May 2019.[49]

Following the overturn of Roe v. Wade on June 24, 2022, hundreds of abortion rights protesters gathered in New Orleans, marching from Lafayette Square to City Hall.[50] On June 30, abortion rights protesters rallied at the Louisiana State Capitol in Baton Rouge before marching to the governor's mansion.[51]

Anti-abortion views and activities

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Violence

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On December 18, 1996, Calvin Jackson, a medical doctor of New Orleans, Louisiana was stabbed 15 times, losing 4 pints of blood. Donald Cooper was charged with second degree attempted murder and was sentenced to 20 years in prison.[52]

On December 12, 2005, Patricia Hughes and Jeremy Dunahoe threw a Molotov cocktail at a clinic in Shreveport, Louisiana. The device missed the building and no damage was caused. In August 2006, Hughes was sentenced to six years in prison, and Dunahoe to one year. Hughes claimed the bomb was a "memorial lamp" for an abortion she had had there.[53][54]

References

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  1. ^ "Acts 2019, No. 31, §1". legis.la.gov. Archived from the original on May 26, 2024. Retrieved August 27, 2024.
  2. ^ "Louisiana abortion ban reinstated, clinics halt procedures". August 1, 2022.
  3. ^ a b Rojas, Rick; Mzezewa, Tariro (May 12, 2022). "After Tense Debate, Louisiana Scraps Plan to Classify Abortion as Homicide". The New York Times. Retrieved June 27, 2022.
  4. ^ Cline, Sara (May 13, 2023). "Rape, Incest Exceptions To Louisiana Abortion Ban Rejected By GOP Lawmakers". HuffPost. Retrieved May 13, 2023.
  5. ^ McGill, Kevin (May 24, 2024). "Louisiana Gov. Signs Bill Making Abortion Drugs Controlled Dangerous Substances". HuffPost. Retrieved May 24, 2024.
  6. ^ Palermo, Jeff. "LSU Survey: Louisiana residents split on abortion, but the percentage of Democrats who are pro-choice increases". louisianaradionetwork.com. Retrieved May 7, 2023.
  7. ^ "Abortion Views in All 50 States: Findings from PRRI's 2023 American Values Atlas | PRRI". PRRI | At the intersection of religion, values, and public life. May 2, 2024. Retrieved October 30, 2024.
  8. ^ a b c Buell, Samuel (January 1, 1991). "Criminal Abortion Revisited". New York University Law Review. 66 (6): 1774–1831. PMID 11652642.
  9. ^ Cassens Weiss, Debra (September 6, 2013). "5th Circuit finds no undue burden in law curbing liability protection for abortion providers". ABA Journal. Retrieved October 8, 2013.
  10. ^ Catalanello, Rebecca (September 5, 2013). "Abortion providers challenging Louisiana law to suffer setback at 5th Circuit". Times-Picayune. Retrieved October 8, 2013.
  11. ^ Mcconnaughey, Janet (March 29, 2012). "Judge forbids La to enforce abortion liability law". Deseret News. Associated Press. Archived from the original on May 14, 2012. Retrieved October 8, 2013.
  12. ^ Alford, Jeremy (June 7, 2006). "Louisiana Governor Plans to Sign Anti-Abortion Law". The New York Times. Retrieved April 23, 2010.
  13. ^ "Abortion Restrictions in States". The New York Times. Retrieved May 25, 2019.
  14. ^ "State Policy On Informed Consent for Abortion" (PDF). Guttmacher Policy Review. Fall 2007. Retrieved May 22, 2019.
  15. ^ "State Abortion Counseling Policies and the Fundamental Principles of Informed Consent". Guttmacher Institute. November 12, 2007. Retrieved May 22, 2019.
  16. ^ a b c d Tavernise, Sabrina (May 15, 2019). "'The Time Is Now': States Are Rushing to Restrict Abortion, or to Protect It". The New York Times. ISSN 0362-4331. Retrieved May 24, 2019.
  17. ^ "TRAP Laws Gain Political Traction While Abortion Clinics—and the Women They Serve—Pay the Price". Guttmacher Institute. June 27, 2013. Retrieved May 27, 2019.
  18. ^ "3 States Trying To Follow In Texas' Footsteps And Shut Down Abortion Clinics". ThinkProgress. March 13, 2014. Retrieved May 27, 2019.
  19. ^ Advocate, The (July 26, 2023). "Politics | News from The Advocate". The Advocate.
  20. ^ a b "This is what could happen if Roe v. Wade fell". Business Insider (in Spanish). August 4, 2018. Archived from the original on May 24, 2019. Retrieved May 24, 2019.
  21. ^ Keneally, Meghan (May 30, 2019). "Louisiana governor signs 6-week abortion ban into law". ABC News. ISSN 0261-3077. Retrieved January 24, 2020.
  22. ^ "Roll Call: LA SB184 | 2019 | Regular Session". LegiScan. Retrieved May 26, 2019.
  23. ^ Lisa, Andrew. "Notable ballot measures from the 2020 election and how they could reshape America". The Desert Review. [permanent dead link‍]
  24. ^ Durkee, Alison (August 3, 2022). "After Kansas Referendum Fails, Here's Where Else Abortion Will Be On The Ballot In The Midterms". Forbes. Retrieved August 12, 2022.
  25. ^ "HB813". legis.la.gov. Retrieved May 12, 2022.
  26. ^ "Bill to make abortion a crime of homicide in Louisiana advances". The Hill. May 5, 2022. Retrieved May 12, 2022.
  27. ^ a b Rojas, Rick (May 6, 2022). "Bill Classifying Abortion as Homicide Is Advanced by Louisiana Lawmakers". The New York Times. ISSN 0362-4331. Retrieved May 12, 2022.
  28. ^ Durkee, Alison (May 12, 2022). "Louisiana Republicans Plan To Thwart Bill Classifying Abortion As Homicide". Forbes. Retrieved August 12, 2022.
  29. ^ Lippincott, Jordan (July 7, 2022). "New Orleans City Council adopts resolution to decriminalize state abortion laws". WGNO. Nexstar Media Group. Retrieved September 27, 2022.
  30. ^ "Supreme Court strengthens right to abortion, strikes down Texas restrictions on clinics". Los Angeles Times. June 27, 2016.
  31. ^ Higgins, Tucker (January 29, 2019). "Eyes on Kavanaugh and Gorsuch as Supreme Court weighs whether Louisiana abortion law can go into effect". CNBC.
  32. ^ de Vogue, Ariana (February 1, 2019). "Supreme Court blocks Louisiana abortion law from taking effect Monday". CNN. Retrieved February 1, 2019.
  33. ^ de Vogue, Ariana (February 7, 2019). "Supreme Court blocks Louisiana abortion law from taking effect". CNN. Retrieved February 7, 2019.
  34. ^ de Vogue, Ariane (June 24, 2022). "Supreme Court overturns Roe v. Wade". CNN. Archived from the original on June 24, 2022. Retrieved June 24, 2022.
  35. ^ Howe, Amy (June 24, 2022). "Supreme Court overturns constitutional right to abortion". SCOTUSblog. Archived from the original on June 24, 2022. Retrieved June 24, 2022.
  36. ^ a b Arndorfer, Elizabeth; Michael, Jodi; Moskowitz, Laura; Grant, Juli A.; Siebel, Liza (December 1998). A State-By-State Review of Abortion and Reproductive Rights. DIANE Publishing. ISBN 9780788174810.
  37. ^ Gould, Rebecca Harrington, Skye. "The number of abortion clinics in the US has plunged in the last decade — here's how many are in each state". Business Insider. Retrieved May 23, 2019.{{cite web}}: CS1 maint: multiple names: authors list (link)
  38. ^ a b "Here's Where Women Have Less Access to Planned Parenthood". Retrieved May 23, 2019.
  39. ^ Cates, Willard; Rochat, Roger (March 1976). "Illegal Abortions in the United States: 1972–1974". Family Planning Perspectives. 8 (2): 86–92. doi:10.2307/2133995. JSTOR 2133995. PMID 1269687.
  40. ^ "Abortion Surveillance --- United States, 2001". www.cdc.gov. Retrieved May 25, 2019.
  41. ^ "Guttmacher Data Center". data.guttmacher.org. Retrieved May 24, 2019.
  42. ^ "No. of abortions among women aged 15–19, by state of residence, 2013 by racial group". Guttmacher Data Center. Retrieved May 24, 2019.
  43. ^ "Views about abortion by state - Religion in America: U.S. Religious Data, Demographics and Statistics". Pew Research Center. Retrieved June 27, 2022.
  44. ^ "Standard pregnancy care is now dangerously disrupted in Louisiana, report reveals". NPR. Retrieved March 19, 2024.
  45. ^ a b c d Henshaw, Stanley K. (June 15, 2005). "Abortion Incidence and Services in the United States, 1995-1996". Perspectives on Sexual and Reproductive Health. 30: 263–270. Retrieved June 2, 2019.
  46. ^ Jatlaoui, Tara C. (2017). "Abortion Surveillance — United States, 2014". MMWR. Surveillance Summaries. 66 (24): 1–48. doi:10.15585/mmwr.ss6624a1. ISSN 1546-0738. PMC 6289084. PMID 29166366.
  47. ^ Jatlaoui, Tara C. (2018). "Abortion Surveillance — United States, 2015". MMWR. Surveillance Summaries. 67 (13): 1–45. doi:10.15585/mmwr.ss6713a1. ISSN 1546-0738. PMC 6289084. PMID 30462632.
  48. ^ Jatlaoui, Tara C. (2019). "Abortion Surveillance — United States, 2016". MMWR. Surveillance Summaries. 68 (11): 1–41. doi:10.15585/mmwr.ss6811a1. ISSN 1546-0738. PMC 6289084. PMID 31774741.
  49. ^ Bacon, John. "Abortion rights supporters' voices thunder at #StopTheBans rallies across the nation". USA Today. Retrieved May 25, 2019.
  50. ^ Berlin, Carly; Schreiber, Alana (June 24, 2022). "New Orleans protesters ready to 'fight like hell' for abortion rights after SCOTUS ruling". WWNO. Retrieved March 12, 2024.
  51. ^ Allsop, Allison (July 1, 2022). "'It's just the beginning': abortion-rights protesters flood the governor's gate during Thursday protest". Reveille. Retrieved August 5, 2022.
  52. ^ "Anti-choice Terrorism: Murders and Attempted Murders" (PDF). Abortion Rights Coalition of Canada. Retrieved September 28, 2024.
  53. ^ "Louisiana Clinic Bomber Pleads Guilty". Ms. Magazine. Retrieved December 28, 2023.
  54. ^ "Couple Charged in Attempted Firebomb of Louisiana Abortion Clinic". Feminist Majority Foundation. Retrieved December 28, 2023.
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