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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? |
| In Roe v. Wade, the U.S. Supreme Court ruled that the Constitution guarantees a woman’s right to choose. However, in subsequent decisions the Supreme Court limited sharply some of Roe’s protections and could potentially eliminate them entirely. A Freedom of Choice Act helps to ensure that a woman’s right to choose is preserved 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 without a Freedom of Choice Act in place, Congress would be able to ban some or all abortions nationwide, trumping state codifications of Roe’s protections. |
CURRENT STATE LAWS7 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.
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2008 STATE LEGISLATION5 states considered 7 measures that would make the protections of Roe v. Wade part of state law: IL, MN, NM, NY, RI. |
2008 FEDERAL LEGISLATIONPro-choice lawmakers sponsored legislation to codify a woman's right to choose and make the protections of Roe v. Wade permanent under federal law. |
| For a map of all states with Freedom of Choice Acts - click here. | | |
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