Alaska
Protected
Now that the Supreme Court has overturned Roe:
Abortion will remain legal in Alaska. In 1997, the state’s highest court recognized a fundamental right to “reproductive choice” under the Alaska Constitution.
Restrictions
Alaska law prohibits D&X procedures, but that ban is permanently enjoined.[1]ALASKA STAT. § 18.16.050. Planned Parenthood of Alaska, Inc. v. State, No. 3AN-97-6019 CIV (Alaska Super. Ct. Mar. 13, 1998), appeal withdrawn, No. S-08610 (Alaska June 29, 2000). Alaska law includes an unenforced, unconstitutional parental involvement requirement.[2]Planned Parenthood of The Great Nw. v. State, 375 P.3d 1122 (Alaska 2016) (striking down as unconstitutional ALASKA STAT. § 18.16.010-040); see also State v. Planned Parenthood of Alaska, 171 P.3d … Continue reading
In 2020, Alaska exploited the COVID-19 pandemic in an attempt to ban procedural abortion care, issuing an executive order[3]Gov. Mike Dunleavy, Amended COVID-19 Health Mandate 5.1 (Apr. 7, 2020), Amended COVID-19 Health Mandate; Gov. Mike Dunleavy, COVID-19 Health Mandate 005, Attachment C (April 7, 2020), Non-Urgent or … Continue reading that purported to suspend procedures deemed “non-essential or elective.” This order contradicted major medical groups in the United States and around the world, which agree that abortion is essential and time sensitive health care.[4]See Joint Statement on Abortion Access During the COVID-19 Outbreak, AM. COLL. OBSTETRICS & GYNECOLOGY (Mar. 18, 2020); Disaster Risk Management for Health: Sexual and Reproductive Health, WORLD … Continue reading Less than a week after issuing the order, Governor Mike Dunleavy decided non-essential or elective medical procedures could resume.[5]Dennis Carter, Abortion Access During COVID-19, State by State, Rewire News Grp. (Apr. 14, 2020, 3:55 PM)
Alaska’s targeted regulation of abortion providers (TRAP) laws include requirements related to facilities[6]ALASKA STAT. § 18.16.010(a)(2); ALASKA ADMIN. CODE tit. 7, § 12.370. and reporting.[7]ALASKA STAT. § 18.50.245(b). Reporting requirements related to minors’ abortions were held unconstitutional.[8]Planned Parenthood of The Great Nw., 375 P.3d at 1145 (striking down as unconstitutional ALASKA STAT. § 18.16.040). Alaska law restricts the provision of abortion care to licensed physicians.[9]ALASKA STAT. § 18.16.010(a)(1).
State Protections
Alaska law includes constitutional protections for abortion. The Alaska Supreme Court has interpreted the privacy provision found in the state’s constitution to protect a pregnant person’s right to make reproductive decisions, including abortion, as a fundamental right, and more protective than the U.S. Constitution.[10]Planned Parenthood of The Great Nw., 375 P.3d at 1129 (Alaska 2016) (“In 1997 we examined this express privacy provision in the context of pregnancy-related decisions and held that a … Continue reading The Alaska Supreme Court has also found that limits on public funding for abortion were unconstitutional under the state equal protection clause.[11]ALASKA ADMIN. CODE tit. 7, § 43.140, invalidated by State, Dept. of Health & Soc. Servs. v. Planned Parenthood of Alaska, Inc., 28 P.3d 904, 915 (Alaska 2001) (repealed 2010); see also ALASKA … Continue reading
Post-Roe Prohibitions
Alaska does not have a pre-Roe ban, because certain abortions were legalized before Roe.[12]1970 Alaska Sess. Laws ch. 103, § 1 (former ALASKA STAT. § 11.15.060(a)(1)-(2)).
Conclusion
Now that the Supreme Court has overturned Roe, Abortion will remain legal in Alaska. In 1997, the state’s highest court recognized a fundamental right to “reproductive choice” under the Alaska Constitution.
References
↑1 | ALASKA STAT. § 18.16.050. Planned Parenthood of Alaska, Inc. v. State, No. 3AN-97-6019 CIV (Alaska Super. Ct. Mar. 13, 1998), appeal withdrawn, No. S-08610 (Alaska June 29, 2000). |
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↑2 | Planned Parenthood of The Great Nw. v. State, 375 P.3d 1122 (Alaska 2016) (striking down as unconstitutional ALASKA STAT. § 18.16.010-040); see also State v. Planned Parenthood of Alaska, 171 P.3d 577, 585 (Alaska 2007). |
↑3 | Gov. Mike Dunleavy, Amended COVID-19 Health Mandate 5.1 (Apr. 7, 2020), Amended COVID-19 Health Mandate; Gov. Mike Dunleavy, COVID-19 Health Mandate 005, Attachment C (April 7, 2020), Non-Urgent or Elective Procedures and Surgeries |
↑4 | See Joint Statement on Abortion Access During the COVID-19 Outbreak, AM. COLL. OBSTETRICS & GYNECOLOGY (Mar. 18, 2020); Disaster Risk Management for Health: Sexual and Reproductive Health, WORLD HEALTH ORG. (May 2011); Safe Abortion Care in the Minimum Initial Service Package (MISP) for Sexual and Reproductive Health in Humanitarian Settings, INTERAGENCY WORKING GRP. (Dec. 19, 2019) |
↑5 | Dennis Carter, Abortion Access During COVID-19, State by State, Rewire News Grp. (Apr. 14, 2020, 3:55 PM) |
↑6 | ALASKA STAT. § 18.16.010(a)(2); ALASKA ADMIN. CODE tit. 7, § 12.370. |
↑7 | ALASKA STAT. § 18.50.245(b). |
↑8 | Planned Parenthood of The Great Nw., 375 P.3d at 1145 (striking down as unconstitutional ALASKA STAT. § 18.16.040). |
↑9 | ALASKA STAT. § 18.16.010(a)(1). |
↑10 | Planned Parenthood of The Great Nw., 375 P.3d at 1129 (Alaska 2016) (“In 1997 we examined this express privacy provision in the context of pregnancy-related decisions and held that a woman’s fundamental privacy right to reproductive choice is more broadly protected by the Alaska Constitution than the United States Constitution”) (citing to Valley Hosp. Ass’n, Inc. v. Mat-Su Coal. for Choice, 948 P.2d 966-69 (Alaska 1997)). |
↑11 | ALASKA ADMIN. CODE tit. 7, § 43.140, invalidated by State, Dept. of Health & Soc. Servs. v. Planned Parenthood of Alaska, Inc., 28 P.3d 904, 915 (Alaska 2001) (repealed 2010); see also ALASKA STAT. § 47.07.068, invalidated by State v. Planned Parenthood of the Great Nw., 436 P.3d 984 (Alaska 2019). |
↑12 | 1970 Alaska Sess. Laws ch. 103, § 1 (former ALASKA STAT. § 11.15.060(a)(1)-(2)). |