Counseling Ban/Gag Rule

North Dakota has an invalid and unenforceable law that provides that no state, county, or municipality funds or federal funds passing through the state may be used as family-planning funds by any person or public or private agency that refers for abortion.  N.D. Cent. Code § 14-02.3-02 (Enacted 1979).

A court has invalidated this provision.  Valley Family Planning v. North Dakota, 661 F.2d 99 (8th Cir. 1981).

No funds, grants, gifts, or services of an organization receiving funds distributed by the Children's Services Coordinating Committee, which assists abused, neglected, emotionally disturbed, homeless, or other children in need, may be used for abortion referrals, contraceptive services, or abortion care to minors.  N.D. Cent. Code § 54-56-03 (Enacted 1989; Last Amended 2005).