FACT BRIEF

Do all state laws allow people to travel to get abortion access?

Monday, July 17, 2023

By Jayne Williamson-Lee

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YES

No state currently outlaws traveling for an abortion. However, some states, including Texas, Missouri and Tennessee have made efforts to restrict residents from helping others obtain out-of-state abortions.

An Idaho law being challenged in court, which took effect on May 5, 2023, forbids adults from “recruiting, harboring, or transporting” a minor seeking abortion care without parental consent. It includes obtaining abortion medication for minors.

The U.S. House, on July 15, 2022, passed the Ensuring Access to Abortion Act, which would secure the right to travel across state lines to receive reproductive health care. However, Senate Republicans blocked the measure.

Fifteen states have abortion bans. Post-Roe, travel time to abortion facilities increased significantly, according to a study in the Journal of the American Medical Association.

The right to travel is recognized by The U.S. Constitution, but there has not been a U.S. Supreme Court ruling on whether that protects traveling for an abortion.

This fact brief is responsive to conversations such as this one.

Sources

Politico Missouri wants to stop out-of-state abortions. Other states could follow.

AP News Next abortion battles may cross state borders (including Tennessee)

CNBC House passes bills to protect abortion rights; Senate GOP to block the legislation

CNN Idaho AG sued over state’s teen abortion travel ban

Politico Abortion laws by state: Where abortions are illegal 1 year after Roe v. Wade was overturned

JAMA Network Estimated Travel Time and Spatial Access to Abortion Facilities in the US Before and After the Dobbs v Jackson Women’s Health Decision

Cambridge University Press Citizenship as Foundation of Rights (The Right to Travel)

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