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Louisiana

Other Anti-Choice Law

Louisiana has created additional threats to privacy and choice by adding anti-choice language to its state code to express its opposition to abortion and its intent to restrict the right to choose to the greatest extent possible.

"The Legislature does solemnly declare and find in reaffirmation of the longstanding policy of this State, that the unborn child is a human being from the time of conception and is, therefore, a legal person for purposes of the unborn child's right to life and is entitled to the right to life from conception under the laws and Constitution of this State. . . . [I]f those [abortion-related] decisions of the United States Supreme Court are ever reversed or modified or the United States Constitution is amended to allow protection of the unborn then the former policy of this State to prohibit abortions shall be enforced."  La. Rev. Stat. Ann. § 40:1299.35.0 (Enacted 1981).  While it is unclear whether this provision alone could be used to restrict abortion, Louisiana has also enacted a more detailed abortion ban that is intended to take effect if Roe v. Wade is overturned.


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