Minnesota
Expanded Access
Now that the Supreme Court has overturned Roe,
Abortion will remain legal in Minnesota. The state’s highest court has recognized the right to abortion under the Minnesota Constitution and, in 2023, the state created a statutory right to reproductive freedom.
Restrictions
In 2023, Minnesota repealed numerous medically unnecessary restrictions,[1]S.F. 2995, 93rd Gen. Assem., Reg. Sess. (Minn. 2023), repealing Minn. Stat. §§ 145.412 subdiv. 3 (viability ban), 145.4242(a)-(c) (waiting period and biased counseling), 145.412 subdiv. 1(1) … Continue reading which had been permanently enjoined.[2]See Hodgson v. Lawson, 542 F.2d 1350, 1358 (8th Cir. 1976) (per curiam); Doe v. Minnesota, No. 62-CV-19-3868 (Minn. 2d Jud. Dist. July 11, 2022) (order granting permanent injunction). Minnesota law retains permanently enjoined requirements[3]Doe v. Minnesota, No. 62-CV-19-3868 (Minn. 2d Jud. Dist. July 11, 2022) (order granting permanent injunction). that both parents or a legal guardian be notified about a minor’s abortion.[4]Minn. Stat. § 144.343 subdiv. 2-3.
Minnesota requires abortion providers to submit reports to the state[5]Id. §§ 145.4131 subdiv. 2, 145.413 subdiv. 2. and retains enjoined penalties for providers who violate the enjoined restrictions on minors’ access.[6]Minn. Stat. § 144.343, subdivs. 2-6 (Two Parent Notification Law and Criminal Penalties) held unconstitutional in Doe v. Minnesota, No. 62-CV-19-3868 (Minn. 2d Jud. Dist. July 11, 2022) (order … Continue reading
State Protections
Minnesota law includes constitutional protections for abortion.[7]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 … Continue reading.
In 2023, Minnesota enacted a statutory right for reproductive freedom.[8]H.F. 1, 93rd Gen. Assem., Reg. Sess. (Minn. 2023). It states:
Every individual has a fundamental right to make decisions about the individual’s reproductive health care, including the fundamental right to use or refuse reproductive health care. Every individuals who becomes pregnant has a fundamental right to continue the pregnancy and give birth, or obtain an abortion, and to make autonomous decisions about how to exercise this fundamental right.[9]Id at sec 3.
The law prohibits local government from regulating this fundamental right in a more restrictive manner.[10]Id. at sec.5.
On June 25, 2022, the Minnesota Governor issued an executive order prohibiting executive branch cooperation with out-of-state investigations and legal actions arising from the lawful provision of abortion care in Minnesota.[11]Gov. Tim Waltz, Exec. Order No. 22-16, “Protecting Access to Reproductive Health Care Services in Minnesota” (June 25, 2022), … Continue reading The state’s interstate shield protections also prohibit the extradition of people charged with actions arising from the legal provision of abortion.[12] H.F. 366, 93rd Gen. Assem., Reg. Sess. (Minn. 2023). Minnesota provides public funding for medically necessary abortions,[13]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.[14]MINN. STAT. § 609.7495.
Post-Roe Prohibitions
Minnesota repealed its pre-Roe ban in 1974[15]MINN. STAT. Id. §§ 617.18, 617.19 (repealed by 1974 Minn. Laws 265, ch. 177, §7). and longstanding medically unnecessary restrictions in 2023.[16]S.F. 2995, 93rd Gen. Assem., Reg. Sess. (Minn. 2023).
Conclusion
Now that the Supreme Court has overturned Roe, abortion will remain legal in Minnesota. The state’s highest court has recognized the right to abortion under the Minnesota Constitution and, in 2023, the state enacted numerous statutory protections.
References
| ↑1 | S.F. 2995, 93rd Gen. Assem., Reg. Sess. (Minn. 2023), repealing Minn. Stat. §§ 145.412 subdiv. 3 (viability ban), 145.4242(a)-(c) (waiting period and biased counseling), 145.412 subdiv. 1(1) (physician only law), 145.4247 subdiv. 1 (civil liability for violations of the Women’s Right to Know Act), 145.412, subdivs. 1(3), 1(4), 4, 145.413, subdiv. 3 (the Felony Penalties), 145.412, subdivs. 1(2), 3(1) (facilities requirements). |
|---|---|
| ↑2 | See Hodgson v. Lawson, 542 F.2d 1350, 1358 (8th Cir. 1976) (per curiam); Doe v. Minnesota, No. 62-CV-19-3868 (Minn. 2d Jud. Dist. July 11, 2022) (order granting permanent injunction). |
| ↑3 | Doe v. Minnesota, No. 62-CV-19-3868 (Minn. 2d Jud. Dist. July 11, 2022) (order granting permanent injunction). |
| ↑4 | Minn. Stat. § 144.343 subdiv. 2-3. |
| ↑5 | Id. §§ 145.4131 subdiv. 2, 145.413 subdiv. 2. |
| ↑6 | Minn. Stat. § 144.343, subdivs. 2-6 (Two Parent Notification Law and Criminal Penalties) held unconstitutional in Doe v. Minnesota, No. 62-CV-19-3868 (Minn. 2d Jud. Dist. July 11, 2022) (order granting permanent injunction). |
| ↑7 | 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.”) See also, Doe v. Minnesota, No. 62-CV-19-3868 (Minn. 2d Jud. Dist. July 11, 2022). |
| ↑8 | H.F. 1, 93rd Gen. Assem., Reg. Sess. (Minn. 2023). |
| ↑9 | Id at sec 3. |
| ↑10 | Id. at sec.5. |
| ↑11 | Gov. Tim Waltz, Exec. Order No. 22-16, “Protecting Access to Reproductive Health Care Services in Minnesota” (June 25, 2022), s3.amazonaws.com/fn-document-service/file-by-sha384/99904f2c91e60d3d9298f337bd04617f2f04bb0ccd75fec58e8adb7046eea04024045fb4cdc8c4b930671b260765dbcb.%5B/fn%5D In 2023, Minnesota enacted an interstate shield law protecting providers, patients, and people who help others access abortion care from professional licensure consequences and the reach of out-of-state investigations and legal actions that arise from abortion that is legal in Minnesota.[fn]H.F. 366, 93rd Gen. Assem., Reg. Sess. (Minn. 2023). |
| ↑12 | H.F. 366, 93rd Gen. Assem., Reg. Sess. (Minn. 2023). |
| ↑13 | 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). |
| ↑14 | MINN. STAT. § 609.7495. |
| ↑15 | MINN. STAT. Id. §§ 617.18, 617.19 (repealed by 1974 Minn. Laws 265, ch. 177, §7). |
| ↑16 | S.F. 2995, 93rd Gen. Assem., Reg. Sess. (Minn. 2023). |
