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North Dakota

Counseling Ban/Gag Rule

North Dakota has an invalid and unenforceable law that blocks state, local, or federal family-planning funds from going to any person or organization that refers for or provides abortion services.  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 expended under the Children's Services Coordinating Committee, which assists abused, neglected, emotionally disturbed, homeless, or other children in need, may be used for abortion, referrals, or contraceptive services.  N.D. Cent. Code § 54-56-03 (Enacted 1989; Last Amended 2005).

An agency of the state may not fund, produce, disseminate, or endorse materials or programs of any type that do not give preference, encouragement, and support to childbirth over abortion.  N.D. Cent. Code § 14-02.3-01 (Last Amended 2011).

A person acting in an official capacity as an employee or agent of a school district shall give preference, encouragement, and support to childbirth over abortion.  No public school in the state may endorse or support any program or authorize a presentation that does not give preference, encouragement, and support to childbirth over abortion.  N.D. Cent. Code § 15.1-19-06 (Last Amended 2011).



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