What you need to know about the abortion debate in America

The abortion debate in America continues to be one of the most polarizing matters shaping the country’s political and social landscape today. From Supreme Court rulings to state-by-state struggles over access to safe abortions, this issue touches on fundamental questions about gender equality, healthcare access, and personal freedom. 

In fact, among registered voters for the 2024 U.S. presidential election, 51% identified abortion as a “very important” issue to their vote. The figure goes up to 67% for Democratic candidate Vice-President Kamala Harris voters and drops to 25% for supporters of former U.S. President Donald Trump. 

A total of 10 states will actually have abortion on the ballot. Some of the ballot measures are for protecting abortion rights, like in Montana and Colorado, and some are for maintaining existing restrictions and bans, like in Florida and Arizona.

Understanding the current abortion debate is crucial whether you’re new to the conversation or trying to make sense of the ever-changing legal terrain. This knowledge will also help you have informed discussions about the issue and be a strong advocate for your reproductive values.

Abortion bans and the current state of abortion access in America 

Access to legal and safe abortions in the U.S. has changed dramatically in recent years, stemming from the U.S. Supreme Court decision to overturn Roe v. Wade in June 2022. Roe guaranteed abortion rights across the U.S. for nearly five decades up until that point.

The Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization led to the overturning of Roe, effectively removing federal protections for abortion and leaving abortion rights decisions up to individual states. These vary significantly from one another. 

What the 2022 Supreme Court ruling means for abortion law

In Roe v. Wade, the Supreme Court determined that the U.S. Constitution safeguarded abortion rights until the pregnancy reaches “viability,” back in 1973. This is a non-medical term which refers to the point at which the fetus can survive outside the uterus, generally around 24 weeks.

The case also established a trimester framework to reflect that pregnancies last about nine months or three trimesters. 

From then on, a pregnant person was able to access abortion care without restrictions during the first trimester of pregnancy, while during the second trimester, there was more regulation.

After reaching the third trimester, accessing a pregnancy termination was generally more difficult with states being allowed to introduce bans at that stage. However, Roe guaranteed that exceptions were included for cases where the pregnant person’s life or health was at risk.

Now, the U.S. doesn’t have a blanket federal ruling in terms of abortion access. Instead, the decision lies in the hands of each individual state to determine the rights of pregnant people.

Abortion laws differ widely from state to state 

As of October 2024, 13 states have adopted blanket bans on abortion access. The restrictions vary widely, but the main differences between states often revolve around the following:

• Legal penalties: In stricter states, those who provide abortions or help individuals get one can face criminal charges, while other states protect abortion access.
• Gestational limits: Some states ban abortion after six weeks of pregnancy, others at 15 or 20 weeks, while nine states and Washington, D.C. do not have any gestational limits.
• Exceptions: Some states allow exceptions in cases of rape, incest, or threats to the pregnant person’s life, while other states have banned abortion with few or no exceptions, including in cases of rape or incest.

The variation in state laws has led to inequity in abortion access. This affects the most vulnerable disproportionately, who often can’t access alternatives such as traveling to states without an abortion ban. 

One in three people find out they’re pregnant after the six week mark past conception. Some people in states like Georgia and Florida with stricter laws don’t have access to certain life-saving medical treatment. The deaths of Amber Nicole Thurman and Nicole Miller in Georgia following the six-week abortion ban are two examples.

How many people get abortions in the U.S.?

The data on abortions is complex and has significantly changed since the overturning of Roe. Here are some key facts to know.

In 2023 – the first full year after Roe was overturned – the number of abortions in the U.S. increased by 11% compared to 2020, reaching 1.037 million, according to the Guttmacher Institute. This surge reflects the fact that many people continue to seek abortions despite significant restrictions in states with bans. 

The numbers are even more striking on a more granular level. In states without total bans, abortions increased by 26% in 2023, compared to 2020. In states bordering those with six-week abortion bans, the rise in the number of abortions increased to 38% over the same period, according to the Guttmacher Institute. For example, Illinois saw an increase in abortions of 71% (37,700 more abortions) over the same period, with 69% of those accounting for patients from out of state. 

The World Health Organization (WHO), points out that “restricting access to abortions does not reduce the number of abortions” – demonstrated in the rise of abortions post-Roe overturning. 

Leading factors in abortion access

The Guttmacher Institute notes that several factors contributed to the overall rise in abortions in the US. Some of the main reasons include:

• Access to telehealth services for medication abortions expanded significantly after the FDA lifted the requirement for in-person dispensing of mifepristone, a drug that blocks progesterone, the pregnancy hormone. 
• Financial aid from funds helped many afford abortion services, especially post-Dobbs.
• State-level policies have played a key role in protecting abortion providers and improving access to those in states with bans and restrictions. Currently, 18 states and the District of Columbia have enacted “shield laws,” safeguarding health professionals who offer abortions, as well as helpers. These laws also protect the patients’ medical records.

In the first quarter of 2024, 20% of all abortion care in the U.S. took place via telehealth, as reported by the SFP #WeCount project.

Telehealth is done via video appointment and is available up to 10 weeks and four days after the start of a person’s menstrual period and provides the abortion medication via post, discreetly. Before Roe was overturned, telehealth abortions only accounted for 4% of all abortions in the U.S. Telehealth is particularly helpful in rural areas where pregnant people might find it even more difficult to access reproductive healthcare.

Reproductive rights vs. anti abortion movement

What are the main sides of the abortion debate in America? On one side, we find reproductive rights advocates, defending pregnant people’s right to safe abortions and birth control. Some of their arguments are the following:

• Abortion bans only mean not being able to access safe abortions
• Restricting abortion is denying bodily autonomy
• The embryo or fetus does not have the same rights as the pregnant person

On the other side, anti-abortion activists defend “the rights of the unborn.” The latter includes those that want a national abortion ban. Their arguments include:

• Life begins at conception
• There are alternatives to abortion, such as adoption
• The unborn child does not have a choice

KFF (a health policy organization in the U.S.) conducted a survey in 2023 with responses from 568 OBGYNs to understand the impact on the provision of sexual and reproductive health care following the Dobbs decision.

Based on the survey, 68% of OBGYNS said that the ruling had “worsened their ability to manage pregnancy-related emergencies.” While 64% also believed that the Dobbs decision had worsened pregnancy-related mortality, and 70% believed racial and ethnic inequalities in maternal health had also worsened.

The Center for Reproductive Rights has given a platform to pregnant people affected by the bans and is bringing lawsuits against the states on their behalf.

The public sentiment on abortion in America

Surveys conducted by Pew Research in the summer of 2022 show that 57% of adults disapproved of the Dobbs ruling. Based on the results, 62% of women disagreed with the ruling, while for men, the figure was slightly lower, at 52%. The study also found that “About six-in-ten Americans (62%) say abortion should be legal in all or most cases.”

Supporters of the Democratic Party have been increasingly supportive of abortion access over the years. In 2022, 84% of Democrats said abortion should be legal in all or most cases, up from 72% in 2016 and 63% in 2007. 

For Republicans, 38% said abortion should be legal in all or most cases, nearly the same figure as in 2007, when it was 39% who said this.

When it comes to religion, the surveys show that 83% of religiously unaffiliated adults support the right to abortion in all or most cases, as well as six in ten Catholics.

However, it is worth noting that Pew Research points out that “Catholics who attend Mass regularly are among the country’s strongest opponents of abortion being legal.” 

Abortion movement-related petitions on Change.org

Reproductive rights are a top motivator for activism in the U.S. and many use Change.org as a platform to raise their voices. The following petitions are examples of advocates using it to rally support for their beliefs surrounding abortion rights.

Protect safe and accessible abortion

This petition, started in February 2023, calls for the U.S. Congress to protect access to abortion medications mifepristone and misoprostol no matter where you live and regardless of your financial status.

The petition has garnered over 113,000 signatures and it includes the personal story of the abortion of its starter. It calls on reproductive rights supporters and stresses the fact that “banning abortion only bans safe abortions.” 

Access to abortion pills in states with abortion bans or restrictions is limited. However, in June 2024, the U.S. Supreme Court upheld access to the abortion pill mifepristone, rejecting a challenge from anti-abortion groups.

Make the abortion pill available over the counter

The petition, started in June 2022, urges the FDA to remove restrictions on mifepristone and make it available over the counter without a prescription. 

With over 2,300 signatures, the petition calls on President Biden and federal officials to protect reproductive rights and ensure access to medication abortion, highlighting its importance in mitigating harm to people in restricted states.

Although mifepristone is not yet available over the counter, pharmacies in states where it is legal have been able to prescribe it since January 2023.

Repeal NYS abortion law

Started in January 2019, this petition opposes New York’s Reproductive Health Act. The Act protects abortion rights and decriminalized abortions. It also permits them past the 24th week of pregnancy if the pregnant person’s life or health is at risk, or if the pregnancy is not viable.

It got the support of over 21,800 signatures. The topic will be on the ballot in the 2024 election, putting to a vote whether to amend the state constitution to protect the right to abortion.

The future of abortion in America 

Abortion is likely to remain a polarizing issue in the U.S. for time to come, well past the 2024 election. Even if Kamala Harris wins the Presidential Election, experts note that with an extremely divided Congress, legalizing abortion for all in the U.S. will not be a straightforward case. 

Making your voice heard and showing decision-makers what matters to American citizens is a way to help create lasting change.

Starting a petition is easy with Change.org and an effective way to rally support for important causes, such as reproductive rights.