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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 sharply limited some of Roe’s protections and could someday eliminate them entirely. A Freedom of Choice Act (FOCA) 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 FOCAs—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 FOCA in place, Congress would be able to ban abortion in some or all circumstances 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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2009 NOTABLE DEVELOPMENTS
In 2009, 11 states (AL, GA, IL, IN, LA, MO, MT, NE, ND, OH, OK) considered 15 non-binding resolutions opposing the federal Freedom of Choice Act. Four states approved five resolutions: GA, MO, ND, OK.
Given that FOCA had not even been reintroduced in Congress at the time of these measures' introduction and passage, it seems clear that the anti-FOCA campaign was a transparent attempt by anti-choice activists and legislators to shift focus from their opposition to the pro-choice community's prevention agenda.
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| For a map of all states with Freedom of Choice Acts - click here. | | |
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