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 July 2022 numerous medically unnecessary restrictions were permanently blocked.
Restrictions
Minnesota law generally prohibits abortion after viability, but this statute was held unconstitutional.[1]MINN. STAT. § 145.412 subdiv. 3, held unconstitutional in Hodgson v. Lawson, 542 F.2d 1350, 1358 (8th Cir. 1976) (per curiam). State law requires pregnant people who seek abortion care to undergo a mandatory twenty-four-hour waiting period and biased counseling[2]MINN. STAT. § 145.4242(a)-(c)., but both requirements were permanently enjoined.[3]Doe v. Minnesota, No. 62-CV-19-3868 (Minn. 2d Jud. Dist. July 11, 2022) (order granting permanent injunction). State law includes permanently enjoined requirements[4]Id. that both parents or a legal guardian be notified about a minor’s abortion.[5]Minn. Stat. § 144.343 subdiv. 2-3.
Minnesota requires abortion providers to submit reports to the state.[6]Id. §§ 145.4131 subdiv. 2, 145.4132 subdiv. 2, 145.413 subdiv. 2; MINN. R. 4615.3600. State law restricts the provision of abortion care to licensed physicians,[7]MINN. STAT. § 145.412 subdiv. 1(1). This provision was not challenged in Hodgson v. Lawson, 542 F.2d 1350 (8th Cir. 1976) (per curiam). however this ban was permanently enjoined.[8]Doe v. Minnesota, No. 62-CV-19-3868 (Minn. 2d Jud. Dist. July 11, 2022) (order granting permanent injunction). Providers who violate Minnesota’s abortion restrictions may face civil and criminal penalties.[9]See, e.g., MINN. STAT. §§ 145.4247 subdiv.1, 144.343 subdiv. 5. However, Minn. Stat. § 145.412, subdivs. 1(3), 1(4), 4, and Minn. Stat. § 145.413, subdiv. 3 (the Felony Penalties) are … Continue reading Minnesota’s targeted regulation of abortion providers (TRAP) laws include permanently enjoined requirements related to facilities.[10]Minn. Stat. § 145.412, subdivs. 1(2), 3(1). See Doe v. Minnesota, No. 62-CV-19-3868 (Minn. 2d Jud. Dist. July 11, 2022) (order granting permanent injunction).
State Protections
Minnesota law includes constitutional protections for abortion,[11]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 provides public funding for medically necessary abortions,[12]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.[13]MINN. STAT. § 609.7495. 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.[14]Gov. Tim Waltz, Exec. Order No. 22-16, “Protecting Access to Reproductive Health Care Services in Minnesota” (June 25, 2022), … Continue reading
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.
References
| ↑1 | MINN. STAT. § 145.412 subdiv. 3, held unconstitutional in Hodgson v. Lawson, 542 F.2d 1350, 1358 (8th Cir. 1976) (per curiam). |
|---|---|
| ↑2 | MINN. STAT. § 145.4242(a)-(c). |
| ↑3 | Doe v. Minnesota, No. 62-CV-19-3868 (Minn. 2d Jud. Dist. July 11, 2022) (order granting permanent injunction). |
| ↑4 | Id. |
| ↑5 | Minn. Stat. § 144.343 subdiv. 2-3. |
| ↑6 | Id. §§ 145.4131 subdiv. 2, 145.4132 subdiv. 2, 145.413 subdiv. 2; MINN. R. 4615.3600. |
| ↑7 | MINN. STAT. § 145.412 subdiv. 1(1). This provision was not challenged in Hodgson v. Lawson, 542 F.2d 1350 (8th Cir. 1976) (per curiam). |
| ↑8 | Doe v. Minnesota, No. 62-CV-19-3868 (Minn. 2d Jud. Dist. July 11, 2022) (order granting permanent injunction). |
| ↑9 | See, e.g., MINN. STAT. §§ 145.4247 subdiv.1, 144.343 subdiv. 5. However, Minn. Stat. § 145.412, subdivs. 1(3), 1(4), 4, and Minn. Stat. § 145.413, subdiv. 3 (the Felony Penalties) are unconstitutional. See Doe v. Minnesota, No. 62-CV-19-3868 (Minn. 2d Jud. Dist. July 11, 2022) (order granting permanent injunction). |
| ↑10 | Minn. Stat. § 145.412, subdivs. 1(2), 3(1). See Doe v. Minnesota, No. 62-CV-19-3868 (Minn. 2d Jud. Dist. July 11, 2022) (order granting permanent injunction). |
| ↑11 | 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). |
| ↑12 | 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). |
| ↑13 | MINN. STAT. § 609.7495. |
| ↑14 | 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
Post-Roe ProhibitionsMinnesota repealed its pre-Roe ban in 1974.[fn]MINN. STAT. Id. §§ 617.18, 617.19 (repealed by 1974 Minn. Laws 265, ch. 177, §7). |
