Minnesota
Protected
If Roe is weakened or overturned:
Abortion will remain legal in Minnesota. The state’s highest court has recognized the right to abortion under the Minnesota Constitution.
Restrictions
Minnesota law generally prohibits abortion after viability, but this statute was held unconstitutional.[1]MINN. STAT. § 145.412 subd. 3, held unconstitutional in Hodgson v. Lawson, 542 F.2d 1350, 1358 (8th Cir. 1976) (per curiam). Pregnant people who seek abortion care must undergo a mandatory twenty-four-hour waiting period and biased counseling.[2]MINN. STAT. §§ 145.4242, 145.4243. Minnesota law generally requires that a parent or legal guardian be notified about a minor’s abortion;[3]Id. § 144.343 subd. 2. alternatively, a judge can approve a minor’s petition without parental notification.[4]Id. § 144.343 subd. 6(c)(1).
Minnesota law requires abortion providers to submit reports to the state.[5]Id. §§ 145.4131 subd. 2, 145.4132, 145.413; MINN. R. 4615.3600. Minnesota law restricts the provision of abortion care to licensed physicians.[6]MINN. STAT. § 145.412 subd. 1(1). This provision was not challenged in Hodgson v. Lawson, 542 F.2d 1350 (8th Cir. 1976) (per curiam). Providers who violate Minnesota’s abortion restrictions may face civil and criminal penalties.[7]See, e.g., MINN. STAT. §§ 145.4247 subd.1, 144.343 subd 5.
Protections
Minnesota law includes constitutional protections for abortion.[8]See Women of State of Minn. by Doe v. Gomez, 542 N.W.2d 17, 27 (Minn. 1995) (“We therefore conclude that the right of privacy under the Minnesota Constitution encompasses a woman’s … Continue reading Minnesota law provides public funding for medically necessary abortions[9]Women of State of Minn. by Doe v. Gomez, 542 N.W.2d 17, 32 (Minn. 1995) (striking down law limiting public funds for abortions except in cases of life, rape, or incest because “the State cannot … Continue reading and protects clinic access by prohibiting obstruction.[10]MINN. STAT. § 609.7495.
Laws that could be enforced if Roe v. Wade is limited or overturned
Minnesota repealed its pre-Roe ban in 1974.[11]MINN. STAT. Id. §§ 617.18, 617.19 (repealed by 1974 Minn. Laws 265, ch. 177, §7).
Conclusion
If Roe v. Wade is limited or overturned, abortion will remain legal in Minnesota.
References
| ↑1 | MINN. STAT. § 145.412 subd. 3, held unconstitutional in Hodgson v. Lawson, 542 F.2d 1350, 1358 (8th Cir. 1976) (per curiam). |
|---|---|
| ↑2 | MINN. STAT. §§ 145.4242, 145.4243. |
| ↑3 | Id. § 144.343 subd. 2. |
| ↑4 | Id. § 144.343 subd. 6(c)(1). |
| ↑5 | Id. §§ 145.4131 subd. 2, 145.4132, 145.413; MINN. R. 4615.3600. |
| ↑6 | MINN. STAT. § 145.412 subd. 1(1). This provision was not challenged in Hodgson v. Lawson, 542 F.2d 1350 (8th Cir. 1976) (per curiam). |
| ↑7 | See, e.g., MINN. STAT. §§ 145.4247 subd.1, 144.343 subd 5. |
| ↑8 | See Women of State of Minn. by Doe v. Gomez, 542 N.W.2d 17, 27 (Minn. 1995) (“We therefore conclude that the right of privacy under the Minnesota Constitution encompasses a woman’s right to decide to terminate her pregnancy”); see also State v. Davidson, 481 N.W.2d 51, 56 (Minn. 1992) (“We have stated that in appropriate cases we will construe liberties more broadly under the state constitution than under the federal, although we will not do so lightly.”); State v. Gray, 413 N.W.2d 107, 111 (Minn. 1987) (holding that the Minnesota Constitution protects the right to privacy just as the federal Constitution does); State v. Fuller, 374 N.W.2d 722, 726 (Minn. 1985) (“It is axiomatic that a state supreme court may interpret its own state constitution to offer greater protection of individual rights than does the federal constitution.”). |
| ↑9 | Women of State of Minn. by Doe v. Gomez, 542 N.W.2d 17, 32 (Minn. 1995) (striking down law limiting public funds for abortions except in cases of life, rape, or incest because “the State cannot refuse to provide abortion to MA/GAMC-eligible women when the procedure is necessary for therapeutic reasons” under the right to privacy of the Minnesota Constitution). |
| ↑10 | MINN. STAT. § 609.7495. |
| ↑11 | MINN. STAT. Id. §§ 617.18, 617.19 (repealed by 1974 Minn. Laws 265, ch. 177, §7). |
