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Freedom of Choice Acts (FOCA)

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Tell Republicans: Stop Playing Politics with Human Trafficking Survivors

A Senate bill supported by both parties would help survivors of sex trafficking get their lives back on track, but anti-choice Republicans refuse to support it unless survivors are denied access to abortion care.

Tell Sen. McConnell: Stop Playing Politics and Start doing your job!

Sen. Majority Leader Mitch McConnell wants an abortion ban included in a bill that would help survivors of human trafficking and has publicly announced he won't consider the attorney general nomination until that bill passes.

Featured Efforts

Exposing Anti-Choice Crisis Pregnancy Centers

Anti-choice CPCs mislead and manipulate people facing unintended pregnancies. Learn More »

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 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 Roe without a FOCA in place, Congress would be able to pass legislation banning abortion nationwide, trumping state codifications of Roe’s protections.

Current State Measures

7 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.

  • 3 states enacted these measures by ballot initiative: MD, NV, WA.
View a map of all states with Freedom of Choice Acts (FOCA).

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