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 to 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 Laws
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.
