Abortion in Rhode Island is legal. On June 19, 2019, the legal right to abortion was codified into Rhode Island law by passage of the Reproductive Privacy Act.[1]

History

Legislative history

By the end of the 1800s, all states in the Union, except Louisiana, had therapeutic exceptions in their legislative bans on abortions.[2] In the 19th century, bans by state legislatures on abortion were about protecting the life of the mother, given the number of deaths caused by abortions; state governments saw themselves as looking out for the lives of their citizens.[2]

The state was one of ten states in 2007 to have a customary informed consent provision for abortions.[3] In 2013, state Targeted Regulation of Abortion Providers (TRAP) law applied to medication induced abortions and private doctor offices, in addition to abortion clinics.[4]

As of May 14, 2019, the state prohibited abortions after the fetus was viable, considered to be 24 weeks. This period uses a standard defined by the US Supreme Court in 1973 with the Roe v. Wade ruling.[5][6][7] Another provision was on the books banning abortion at 12 weeks but it was not enforceable by law.[6] In May 2019, Rhode Island's Senate Judiciary Committee considered a bill that would have allowed the right to an abortion to be codified into state law, before finally rejecting it.[8][9][6]

On June 19, 2019, both the Rhode Island Senate and the Rhode Island House of Representatives passed the Reproductive Privacy Act. The House voted 45–29,[10] and the Senate voted 21–17.[11] Governor Raimondo signed the legislation soon after. The Reproductive Privacy Act banned Rhode Island from restricting “an individual person from preventing, commencing, continuing, or terminating that individual’s pregnancy prior to fetal viability” or after fetal viability “to preserve the health or life” of the pregnant individual. It also forbade state restrictions on contraceptives, repealed bans on partial-birth abortions, forbade medical professionals from being charged with felony assault for performing abortions, and repealed requirements for abortion providers to notify a husband before giving his wife an abortion.[12]

On August 27, 2019, a motion was filed in Superior Court which alleges that the Reproductive Privacy Act violated Article I, Section 2, of the Constitution of Rhode Island.[13] These allegations are premised on plaintiffs' argument that Article I, Section 2, prohibits the General Assembly from passing any law that would grant or secure any rights relating to abortion or the funding thereof.[14] The motion was dismissed in 2022.[15]

Judicial history

Before the US Supreme Court decision Roe v. Wade decriminalized abortion nationwide in 1973, abortion was already legal in several states, but the decision imposed a uniform framework for state legislation on the subject. It established a minimal period during which abortion is legal (with more or fewer restrictions throughout the pregnancy). That basic framework, modified in Planned Parenthood v. Casey (1992), remains nominally in place, although the effective availability of abortion varies significantly from state to state, as many counties have no abortion providers.[16] Planned Parenthood v. Casey held that a law cannot place legal restrictions imposing an undue burden for "the purpose or effect of placing a substantial obstacle in the path of a woman seeking an abortion of a non-viable fetus".[17]

Clinic history

Number of abortion clinics in Rhode Island by year

Between 1982 and 1992, the number of abortion clinics in the state increased from five in 1982 to six in 1992.[18] In 2014, there were three abortion clinics in the state.[19] In 2014, 80% of the counties in the state did not have an abortion clinic. That year, 36% of women in the state aged 15–44 lived in a county without an abortion clinic.[20] In 2017, there was one Planned Parenthood clinic, which offered abortion services, in a state with a population of 246,389 women aged 15–49.[21]

Statistics

In the period between 1972 and 1974, there were no recorded illegal abortion deaths in the state.[22] In 1990, 137,000 women in the state faced the risk of an unintended pregnancy.[18] In 2010, the state had no publicly funded abortions.[23] In 2014, 63% of adults said in a poll by the Pew Research Center that abortion should be legal in all or most cases.[24] In 2017, the state had an infant mortality rate of 6.2 deaths per 1,000 live births.[25]

Number of reported abortions, abortion rate, and percentage change in rate by geographic region and state in 1992, 1995, and 1996[26]
Census division and stateNumberRate % change 1992–1996
199219951996199219951996
Total1,528,9301,363,6901,365,73025.922.922.9–12
New England78,36071,94071,28025.223.623.5–7
Connecticut19,72016,68016,23026.22322.5–14
Maine4,2002,6902,70014.79.69.7–34
Massachusetts40,66041,19041,16028.429.229.33
New Hampshire3,8903,2403,47014.61212.7–13
Rhode Island6,9905,7205,4203025.524.4–19
Number of reported abortions and abortion rate, selected years; and percentage change in rate, 2008–2011 — all by region and state in which the abortions occurred[27]
Region and stateNumberRate (abortions per 1,000 women aged 15–44.) % change 2008–2011
200820102011200820102011
Total1,212,3501,102,6701,058,49019.417.716.9−13
Northeast302,710281,250272,02027.125.324.6−9
Connecticut17,03015,43014,64024.422.321.3−13
Maine2,8002,4902,36011.210.39.9−12
Massachusetts24,90024,36024,03018.418.017.8−3
New Hampshire3,2003,0403,20012.412.212.94
New Jersey54,16048,84046,99030.928.127.1−12
New York153,110142,790138,37037.735.334.2−9
Pennsylvania41,00038,65036,87016.715.815.1−9
Rhode Island5,0004,2904,21022.920.019.8−13
Vermont1,5101,3701,37012.511.611.7−7
Number of reported abortions and abortion rate in 2014, 2016, and 2017; and percentage change in rates between 2014 and 2017, all by region and state in which the abortion occurred[28]
Region and stateNumberRate (abortions per 1,000 women aged 15–44.) % change 2014–2017
201420162017201420162017
U.S. Total926,190874,080862,32014.613.713.5–8
Northeast240,320232,040224,31021.821.220.5–6
Connecticut13,14012,21011,91019.218.117.7–8
Maine2,2202,0602,0409.58.98.8–7
Massachusetts21,02019,20018,59015.314.013.5–12
New Hampshire2,5402,3102,21010.49.69.2–12
New Jersey44,46048,30048,11025.828.228.09
New York119,940110,840105,38029.627.626.3–11
Pennsylvania32,03032,23031,26013.313.513.1–1
Rhode Island3,5803,5103,50017.016.816.7–2
Vermont1,4001,3601,30012.112.011.4–5
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^^
Rhode Island2,58112.32382,99014.2276162014[29]
Rhode Island2,34811.22142,64912.624114.72015[30]
Rhode Island 2,223 10.7 206 2,479 11.9 230 12.9 2016 [31]
^number of abortions per 1,000 women aged 15–44; ^^number of abortions per 1,000 live births

Abortion rights views and activities

Protests

Women from the state participated in marches supporting abortion rights as part of a #StoptheBans movement in May 2019.[32][33]

References

  1. ↑ "Rhode Island codifies Roe v Wade into State Law". UpriseRI.com.
  2. 1 2 Buell, Samuel (1991-01-01). "Criminal Abortion Revisited". New York University Law Review. 66 (6): 1774–1831. PMID 11652642.
  3. ↑ "State Policy On Informed Consent for Abortion" (PDF). Guttmacher Policy Review. Fall 2007. Retrieved May 22, 2019.
  4. ↑ "TRAP Laws Gain Political Traction While Abortion Clinics—and the Women They Serve—Pay the Price". Guttmacher Institute. 2013-06-27. Retrieved 2019-05-27.
  5. ↑ Lai, K. K. Rebecca (2019-05-15). "Abortion Bans: 8 States Have Passed Bills to Limit the Procedure This Year". The New York Times. ISSN 0362-4331. Retrieved 2019-05-24.
  6. 1 2 3 "Are there *any* states working to protect abortion rights?". Well+Good. 2019-05-17. Retrieved May 25, 2019.
  7. ↑ Tavernise, Sabrina (2019-05-15). "'The Time Is Now': States Are Rushing to Restrict Abortion, or to Protect It". The New York Times. ISSN 0362-4331. Retrieved 2019-05-24.
  8. ↑ "National Debate Over Abortion Laws Comes To Rhode Island". www.wbur.org. Retrieved 2019-05-23.
  9. ↑ Gregg, Katherine. "Abortion-rights bill voted down by R.I. Senate Judiciary Committee". providencejournal.com. Retrieved May 25, 2019.
  10. ↑ "The State of Rhode Island General Assembly". webserver.rilin.state.ri.us. Retrieved 2021-08-09.
  11. ↑ "The State of Rhode Island General Assembly". webserver.rilin.state.ri.us. Retrieved 2021-08-09.
  12. ↑ Kelly, Caroline (June 21, 2019). "Rhode Island governor signs abortion protection bill | CNN Politics". CNN.
  13. ↑ State of Rhode Island. "CONSTITUTION OF THE STATE OF RHODE ISLAND". Retrieved 2023-03-27.
  14. ↑ "Archived copy" (PDF). Archived from the original (PDF) on 2019-10-13. Retrieved 2019-10-13.{{cite web}}: CS1 maint: archived copy as title (link)
  15. ↑ "ACLU Statement on RI Supreme Court Ruling in Reproductive Privacy Act Lawsuit". ACLU of Rhode Island. May 4, 2022.
  16. ↑ Alesha Doan (2007). Opposition and Intimidation: The Abortion Wars and Strategies of Political Harassment. University of Michigan Press. p. 57. ISBN 9780472069750.
  17. ↑ Casey, 505 U.S. at 877.
  18. 1 2 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.
  19. ↑ 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 2019-05-23.{{cite web}}: CS1 maint: multiple names: authors list (link)
  20. ↑ "This is what could happen if Roe v. Wade fell". Business Insider (in Spanish). 2018-08-04. Archived from the original on 2019-05-24. Retrieved 2019-05-24.
  21. ↑ "Here's Where Women Have Less Access to Planned Parenthood". Retrieved 2019-05-23.
  22. ↑ 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.
  23. ↑ "Guttmacher Data Center". data.guttmacher.org. Retrieved 2019-05-24.
  24. ↑ "Views about abortion by state - Religion in America: U.S. Religious Data, Demographics and Statistics | Pew Research Center". Retrieved 2019-05-23.
  25. ↑ "States pushing abortion bans have highest infant mortality rates". NBC News. Retrieved May 25, 2019.
  26. ↑ Henshaw, Stanley K. (2005-06-15). "Abortion Incidence and Services in the United States, 1995-1996". Perspectives on Sexual and Reproductive Health. 30: 263–270. Retrieved 2019-06-02.
  27. ↑ Jones, Rachel K.; Jerman, Jenna (2014-02-14). "Abortion Incidence and Service Availability In the United States, 2011". Perspectives on Sexual and Reproductive Health. 46 (1): 3–14. doi:10.1363/46e0414. PMC 5487028. PMID 24494995. Retrieved 2020-02-06.
  28. ↑ Jones, Rachel K.; Witwer, Elizabeth; Jerman, Jenna (2019-09-01). "Abortion Incidence and Service Availability in the United States, 2017". Guttmacher Institute. doi:10.1363/2019.30760. PMC 5487028. S2CID 203813573. Retrieved 2020-02-06.
  29. ↑ 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.
  30. ↑ 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.
  31. ↑ 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.
  32. ↑ Bacon, John. "Abortion rights supporters' voices thunder at #StopTheBans rallies across the nation". USA Today. Retrieved May 25, 2019.
  33. ↑ "Abortion Rights Activists Rally In All 50 States In Wake Of Restrictive Laws". HuffPost. 2019-05-21. Retrieved 2022-07-29.
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