Restrictions

Oregon requires abortion providers to submit reports to the state.^[1]OR. REV. STAT. § 435.496.

State Protections

Oregon law includes statutory protection for abortion.^[2]Id. § 659.880. In 2023, Oregon protected abortion as a fundamental right: “Every individual has a fundamental right to make decisions about the individual’s reproductive health, including the right to make decisions about the individual’s reproductive health care, to use or refuse contraception, to continue the individual’s pregnancy and give birth or to terminate the individual’s pregnancy.”^[3] H.B. 2002, 82nd Leg., Reg. Sess. (Or. 2023).

While Oregon added an equal rights amendment (ERA) by voter initiative in 2014, the ERA has not yet been interpreted as to whether it protects abortion.^[4]OR. CONST. ART. I, §46 (added by voter initiative Measure 89, approved Nov. 4, 2014, eff. Dec. 4, 2014). The amendment states: “Equality of rights under the law shall not be denied or abridged by the State of Oregon or by any political subdivision in this state on account of sex.”

Oregon provides public funding for abortion^[5]OR. ADMIN. R. 410-130-0562; See Planned Parenthood Ass’n v. Dep’t of Human Res., 663 P.2d 1247 (Or. Ct. App. 1983), aff’d on other grounds, 687 P.2d 785 (Or. 1984) (striking down administrative … Continue reading and requires private insurance coverage of abortion.^[6]OR. REV. STAT. § 743A.067(2)(g).  The state does not restrict the type of health-care practitioner who can provide abortion care. ^[7]Id. § 164.365(1)(a)(F).

In 2023, Oregon enacted an interstate shield law protecting providers, patients, and people who help others access abortion from the reach of out-of-state investigations, professional licensure consequences, adverse actions by insurance carriers, and the disclosure of information.^[8]H.B. 2002, 82nd Leg., Reg. Sess. (Or. 2023), amending OR. REV. STAT. § 15.430. The law also specifies that young people under the age of  15, which is the age when young people can provide informed consent to medical procedures without parental involvement, can consent to abortion care.^[9]H.B. 2002, 82nd Leg., Reg. Sess. (Or. 2023), amending OR. REV. STAT. § 109.640.

In 2022, the Oregon legislature appropriated $15 million to the Reproductive Health Equity Fund to provide immediate support, including travel expenses and lodging, for people seeking abortions in Oregon.^[10]H.B. 5202, 81st Leg., Reg. Sess. (Or. 2022). Sec 358 The state protects clinic safety and access by prohibiting the obstruction of health-care facilities.^[11]OR. Rev. STAT. § 164.365(1)(a)(F).

Post-Roe Prohibitions

Oregon repealed its pre-Roe ban in 1983.^[12]OR. Rev. STAT. § 435.405 et seq. (repealed by 1983 Or. Laws c. 470, § 1).

Conclusion

If Roe v. Wade is limited or overturned, abortion will remain legal in Oregon.