Special Report

States Where Abortion Will Be Illegal

Source: Art Wager / iStock via Getty Images

21. Tennessee
> Path to abortion ban: Trigger law in existence
> Party control of state legislature and governorship: Republican

Tennessee’s trigger law dates back to 2019, when a Republican supermajority ushered the bill through the state’s legislature. The law would make it a felony to perform an abortion. Although a Tennessee Supreme Court ruling in 2000 stated that abortions are protected by the state’s constitutional rights to privacy, an amendment passed in 2014 makes explicit that the right to abortion is not guaranteed in Tennessee’s constitution.

Source: dszc / E+ via Getty Images

22. Texas
> Path to abortion ban: Trigger law in existence
> Party control of state legislature and governorship: Republican

On Sept. 1, 2021, the Texas Heartbeat Act went into effect, making abortion illegal after around six weeks except in the case of medical emergencies. There is no provision for pregnancies caused by sexual assaults – even by family members – and private citizens may sue abortion providers and those who help someone obtain an abortion. On a local level, 30 Texas cities have banned abortion. In addition, Texas has pre-Roe bans on the books as well as a trigger law in place since 2021.

Source: redhumv / E+ via Getty Images

23. Utah
> Path to abortion ban: Trigger law in existence
> Party control of state legislature and governorship: Republican

With a trigger law dating back to 2020 that bans nearly all abortions (with a few exceptions for pregnancies resulting from sexual violence, or if the health of the pregnant person is at risk) Utah is poised to effectively outlaw abortion if Roe is overturned. In the case of a narrower ruling from the U.S. Supreme Court, Utah also has an 18-week ban on the books that could take effect.

Source: DenisTangneyJr / E+ via Getty Images

24. West Virginia
> Path to abortion ban: Pre-Roe ban
> Party control of state legislature and governorship: Republican

West Virginia has a pre-Roe ban dating back to 1848, when the state was still a part of Virginia. The law declares that it is a felony to provide an abortion unless it is to save the life of the pregnant person. In 2018, West Virginia voters narrowly approved a constitutional amendment stating that the constitution does not protect the right to abortion or require abortions to be funded.

Source: CharlieTong / Getty Images

25. Wisconsin
> Path to abortion ban: Pre-Roe ban
> Party control of state legislature and governorship: Divided

Wisconsin’s Democratic Gov. Tony Evers vetoed five anti-abortion bills in 2021. Evers promised to continue to stand for reproductive rights in the state. After the recent draft opinion leak from the U.S. Supreme Court, Evers led a group of 17 governors who called on Congress to pass legislation federally guaranteeing the right to abortion. Although he is up for reelection this year, a potential loss could spell the end of reproductive rights in the state.

Sponsored: Find a Qualified Financial Advisor

Finding a qualified financial advisor doesn’t have to be hard. SmartAsset’s free tool matches you with up to 3 fiduciary financial advisors in your area in 5 minutes. Each advisor has been vetted by SmartAsset and is held to a fiduciary standard to act in your best interests. If you’re ready to be matched with local advisors that can help you achieve your financial goals, get started now.