U.S. Abortion Laws by State

Hostile

Guam

Guam will likely pass a total ban on abortion. Guam already prohibits abortion after 13 weeks of pregnancy in almost all situations.

State Legal Details

Bans in Effect

  • Gestational Ban, 13-week LMP
  • Method Ban

Restrictions in Effect

  • Biased Counseling Requirement
  • Parental Involvement, Parental Consent Requirement
  • TRAP requirements: Providers, Reporting Requirement
  • Waiting Period Requirement

Governance

Guam is an unincorporated territory of the United States, subject to the plenary power of Congress.1 Congress has the power to legislate directly for Guam or to establish a government for Guam subject to congressional control. Through the Organic Act of 1950, Congress established a Bill of Rights for Guam, modeled on the Bill of Rights in the U.S. Constitution.2 In 1968, Congress enacted the Mink Amendment, which extended additional constitutional rights to Guam.3

Restrictions

Guam law generally prohibits abortion at thirteen weeks,4 with narrow exceptions.5On December 16, 2022, Guam’s legislature passed legislation banning abortion after about six weeks of pregnancy, 6 which mirrored Texas’ S.B. 8. Gov. Lou Leon Guerrero vetoed the measure.7 In 1990, the territory passed a near total abortion ban, which was permanently enjoined.8 In October 2023, the Guam Supreme Court held that the ban was “impliedly repealed by the Guam Legislature.”9 The territory prohibits D&X procedures.10 Pregnant people who seek abortion care must undergo a mandatory twenty-four-hour waiting period and in-person biased counseling.11 Guam also limits public funding for abortion.12 Guam law generally requires that a parent, legal guardian,13 or judge14 consent to a minor’s abortion.

During the COVID-19 pandemic, travel restrictions and quarantine mandates further impeded access to abortion care.15

Guam’s targeted regulation of abortion providers (TRAP) laws include reporting requirements.16 Guam restricts the provision of abortion care to physicians,17 which is particularly problematic as the island’s last remaining abortion provider retired in early 2018.18 Providers who violate Guam’s abortion restrictions may face civil and criminal penalties.19

Protections

Guam law does not protect abortion.

Post-Roe Prohibitions

Guam does not have a pre-Roe ban.

Conclusion

Now that the Supreme Court has overturned Roe, Guam will likely pass a total ban on abortion. Guam already prohibits abortion after 13 weeks of pregnancy in almost all situations. Because Guam lacks a territorial constitution or bill of rights, the only potential source of protection for abortion would be statutory; there is no local constitutional backstop to push back against a complete ban on abortion.

  1. 48 U.S.C. u00a7 1421a. ↩︎
  2. Id. u00a7 1421b. ↩︎
  3. Id. u00a7 1421b(u). ↩︎
  4. GUAM CODE ANN. tit. 9 u00a7 31.21 (b)(3)(A). ↩︎
  5. Id. u00a7 31.20(b)(3)(B)-(C). ↩︎
  6. Associated Press, Guam Legislature passes abortion ban; governor veto expected (Dec. 16, 2022) (last accessed Nov. 14, 2023). ↩︎
  7. Guam Legislature passes abortion ban; governor veto expected, Associated Press (December 16, 2022) https://apnews.com/article/abortion-guam-fca7a9f75522e98cf94e7a36e093b174; Joe Taitano II, Override of veto on Guam Heartbeat Act fails; abortion battle will continue Pacific Daily News (Dec. 29, 2022) https://www.guampdn.com/news/override-of-veto-on-guam-heartbeat-act-fails-abortion-battle-will-continue/article_88d7d09c-8748-11ed-93a7-73ea882f8433.html. ↩︎
  8. Guam Code Ann. tit. 9 u00a7u00a7 31.20, 31.21, 31.22, 31.33, as reenacted by P.L. 20u2013134 (1990), Guam Soc. of Obstetricians & Gynecologists v. Ada, 962 F.2d 1366, 1370 (9th Cir. 1992), as amended (June 8, 1992). ↩︎
  9. In re Request of Lourdes A. Leon Guerrero, I Magau2019hu00e5gan Guu00e5han,Relative to the Validity & Enforceability of Pub. L. No. 20-134, 2023 Guam 11. ↩︎
  10. GUAM CODE ANN. tit. 10 u00a7 91A104. ↩︎
  11. Id. u00a7 3218.1; GUAM DEP’T OF PUBLIC HEALTH AND SOCIAL SERVICES, Enforcement of “The Women’s Reproductive Health Information Act” Will Commence on June 2, 2014 (Apr. 1, 2014);u00a0Nate Raymond, US appeals court reinstates Guam in-person abortion counseling law Reuters (Aug. 1, 2023) https://www.reuters.com/world/us/us-appeals-court-reinstates-guam-in-person-abortion-counseling-law-2023-08-01/. ↩︎
  12. KAISER FAM. FOUND, Medicaid in the Territories: Program Features, Challenges, and Changes 2 (Jan. 2019); GUAM CODE. ANN. tit. 10 u00a7 2913(a). ↩︎
  13. GUAM CODE ANN. tit. 19 u00a7 4A102. ↩︎
  14. Id. u00a7u00a7 4A104, 4A107. ↩︎
  15. Caleb Jones, Hawaii’s Tourism Industry Struggles as Shutdown Keeps Coronavirus Numbers Among Lowest in USA, In Travel News, USA Today (May 4, 2020, 1:51 PM) Gov. David Ige, Order for Self-Quarantine (March 21, 2020) ↩︎
  16. GUAM CODE ANN. tit. 10 u00a7u00a7 3217, 3218; GUAM CODE ANN. tit. 19 u00a7 4A106. ↩︎
  17. GUAM CODE ANN. tit. 9 u00a7 31.20 (b)(1). ↩︎
  18. ASSOCIATED PRESS, Guam’s Only Abortion Provider Retires (July 3, 2018); as of this writing, there remains no abortion provider on the island, although Governor Lourdes Leon Guerrero, a former nurse and a supporter of reproductive autonomy, is actively recruiting providers to come to the island, see Caleb Jones, Lack of Abortion Access Troubles Guam’s First Female Governor, ASSOCIATED PRESS (June 7, 2019) (783) See, e.g., GUAM CODE ANN. tit. 10 u00a7 3218.1 (g)(3); GUAM CODE ANN. tit. 9 u00a7 31.21; id. u00a7 91.05(a). ↩︎
  19. See, e.g., GUAM CODE ANN. tit. 10 u00a7 3218.1 (g)(3); GUAM CODE ANN. tit. 9 u00a7 31.21; id. u00a7 91.05(a). ↩︎