Abortion Bans

NEAR-TOTAL

Louisiana amended and re-enacted its pre-Roe abortion ban in 1991, but the ban remains unconstitutional and unenforceable.  La. Rev. Stat. Ann. § 14:87 (Enacted 1942; Amended and Re-enacted 1991).

The ban prohibits abortion by anyone other than the pregnant woman unless the abortion is necessary to preserve the woman's life or the pregnancy was the result of rape or incest.  A rape victim must: (1) report the rape to law enforcement officials within seven days of having the capacity to report the rape; (2) obtain treatment within five days of having the capacity to obtain treatment to "prevent pregnancy" and to determine that she was not pregnant prior to the rape; and (3) have the abortion within 13 weeks of conception.  An incest victim must: (1) have the crime reported to law enforcement officials; and (2) have the abortion within 13 weeks of conception.  A person who performs a prohibited abortion will be imprisoned at hard labor for one to ten years and will be fined from $10,000 to $100,000. La. Rev. Stat. Ann. § 14:87 (Enacted 1942; Amended and Re-enacted 1991).

A court held that this ban is unconstitutional and unenforceable because it imposes an undue burden on women seeking an abortion.  Sojourner T. v. Edwards, 974 F.2d 27 (5th Cir. 1992), cert. denied, 507 U.S. 972 (1993).

A court held additional provisions of the ban unenforceable: (1) a person who publicizes the availability of abortion services will be imprisoned for up to one year, fined up to $5000, or both; and (2) a person who distributes or advertises abortifacients will be imprisoned for up to six months, fined up to $500, or both.  La. Rev. Stat. Ann. §§ 14:87.4 (Enacted 1973), 14:88 (Enacted 1942); Weeks v. Connick, 733 F.Supp. 1036 (E.D. La. 1990).

NEAR-TOTAL WITH DELAYED EFFECTIVE DATE ("TRIGGER" BAN)

In 2006, Louisiana enacted a near-total ban on abortion, to become effective if the Supreme Court overturns Roe v. Wade, or if a constitutional amendment is adopted that allows states to ban abortion.  The ban prohibits any person from administering to any pregnant woman or prescribing or procuring for any pregnant woman any medicine, drug, or substance with intent to procure an abortion, unless the performance of an abortion is necessary to preserve the woman's life.  The ban also includes a very limited health exception for circumstances under which an abortion is necessary "to prevent the serious, permanent impairment of a life-sustaining organ of a pregnant woman."  A person who performs a prohibited abortion could be imprisoned for up to 10 years, and fined up to $100,000.  La. Rev. Stat. Ann §§ 40:1299.30 (Enacted 2006), 14:87 (Enacted 1964, Amended 2006).

BAN ON ABORTION PROCEDURE

Louisiana outlaws a safe second-trimester abortion procedure without an exception to protect a woman's health.  S.B. 161, 2007 Leg., 33rd Sess. (La. 2007); H.B. 614, 2007 Leg., 33rd Sess. (La. 2007) (to be codified at La. Rev. Stat. Ann. § 14:32.10, 40:1299.35.17).

The Louisiana law makes the performance of certain previability, second trimester abortions a felony and imposes a criminal penalty of imprisonment at hard labor for one to ten years and a fine of $10,000 to $100,000 unless the procedure is necessary to save the life of the woman whose life is endangered by a physical disorder, physical illness or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself.  S.B. 161, 2007 Leg., 33rd Sess. (La. 2007); H.B. 614, 2007 Leg., 33rd Sess. (La. 2007) (to be codified at La. Rev. Stat. Ann. § 14:32.10, 40:1299.35.17).

There is also a Federal Abortion Ban, which applies nationwide regardless of state law.  The federal ban prohibits the performance of certain second trimester abortions and does not contain an exception for a woman's health.  In April 2007, the U.S. Supreme Court upheld the ban, making it the first time since Roe v. Wade that the Court has upheld a ban on a previability abortion procedure.  Click here to read more about the Federal Abortion Ban.