Voting & Civil Rights

What happened?

On Friday, June 24, 2022, the Supreme Court overturned Roe v. Wade and Planned Parenthood v. Casey. These two cases gave people the right to an abortion. Read the full Dobbs v. Jackson Women's Health Organization opinion.

So is abortion illegal now?

Abortion remains legal in Illinois. Illinois has also enacted an abortion "shield" law. This law protects patients and medical providers from legal attacks by other states and expands health care access and options across Illinois. State and local officials also can't give information to out-of-state entities investigating health care that was legally provided in Illinois, including abortions. 

Illinois hospitals also must provide emergency medical care to people who come to the hospital. This care includes abortions when an abortion is needed to help a patient's injury or acute medical condition that is likely to cause death, severe injury, or serious illness. 

There is no federal ban on abortions. However, states can pass laws restricting or outlawing abortion.

As of June 2024, 20 states ban or severely limit abortion. Many of the states with bans or severe limits have exceptions, but not all. 6 states have no health exception, 10 states have no rape or incest Nonforcible sexual intercourse between people who are related. exception, and 13 states have no fatal fetal anomaly exception.  

For more information about what your state’s abortion laws are, see this map on Planned Parenthood’s website. You can also read more details about individual state laws.

What does 'severely limit' mean?

In many states, abortions are or will be banned after 6 weeks - before most people even know they are pregnant. In some states, abortion has or will become completely banned, or banned except in cases of rape, incest, to save the life of the pregnant person, or to address abnormalities with the fetus.

Many states will require attending abortion counseling. They may also have a mandatory waiting period between the counseling and the procedure. This means someone will have to make two or more trips to a clinic in order to access abortion.

Many states also criminalize abortion. This means doctors, patients, and those who help them can go to jail.

You can learn more about what different restrictions mean and how they differ by state.

Please be aware that information is changing daily as new laws are passed and come into effect, and as court decisions are issued interpreting state laws after the overturning of Roe. You should regularly check information about your abortion rights. If you are unsure of what the laws are in your state, you can get legal help.

Are there any exceptions to abortion bans?

It depends on the state. It is important to continue to check what the current abortion laws are in your state. They can change quickly. This makes it difficult to be sure all information is accurate. Check with local legal aid organizations about what your state allows. Here is a state legislation tracker that can help. Please remember that laws can change, so double check the laws in your state before seeking an abortion.

Some states may have a general ban on abortions but allow it in certain situations, like if the pregnancy was the result of a sexual assault When a person commits an act of sexual penetration by force or threat of force. Done without the consent of the victim. This includes when the victim cannot give consent. or incest.  There may also be exceptions if the mother’s life is at risk or if carrying the pregnancy to term would lead to “substantial impairment of major bodily functions.” This may apply if carrying the pregnancy to term would lead to a long-term or permanent disability A substantial impairment that functionally limits a person in carrying out major life activities, such as walking, lifting, seeing, or learning. . This disability would stop you from being able to do a “major life activity.” These include:

• Working,
• Being able to take care of yourself,
• Seeing,
• Hearing When the parties in a case present their sides of a case to a judge or other officer ,
• Eating,
• Sleeping,
• Walking, standing The right to file a lawsuit or make a particular legal claim based on how the person is affected. , or sitting,
• Reaching, lifting, or bending,
• Reading and writing,
• Thinking and concentrating, and
• Interacting with others.

Something affects a "major life activity" if it impacts a "major bodily function." These include:

• Your immune system,
• Your sensory organs, like eyes, ears, nose, and mouth,
• Digestion,
• Your ability to use the bathroom,
• Your brain,
• Your lungs,
• Your heart, and
• Other systems in your body, like the lymphatic and endocrine systems.

Sometimes, determining whether you qualify for an exception is a complicated medical and legal question.  If you are trying to access abortion and think a medical exception applies to you, get legal help. The National Abortion Federation has a hotline you can call: 1-800-772-9100.

Is abortion legal in Illinois?

Yes. Illinois is currently the only Midwestern state to have abortion access written as a law. Illinois law also protects individuals from discrimination based on their reproductive health decisions, including the decision to have an abortion. The law prohibits discrimination based on reproductive health decisions in employment, housing, financial credit, and public accommodations. Learn more about your rights here.

Search here to find your nearest abortion provider.

But what if someone I know needs an abortion but doesn't live in Illinois?

First, you have a Constitutional right to travel between states. President Biden has said he will protect that right. If you or someone you know has faced legal problems from traveling to another state to get an abortion, get legal help. If/When/How is a national organization that can help defend you if you face criminal charges for receiving or helping someone access abortion. They have set up a reproductive legal help hotline to answer immediate questions.

Please be aware that some states are trying to criminally prosecute people who travel to another state to access abortion or those who help them. Other states, like Illinois, are increasing protections for people who travel to their state to receive an abortion. It’s important to be aware of the laws in both your state and the state you are traveling to. Your local ACLU may be able to help if you face legal trouble.

Many companies have promised to help fund access to abortion for their employees in states with restrictions. Learn more here and see if your company has made this pledge. More companies are making this promise every day. Check with your employer to see if they will help. If you are worried about workplace retaliation Punishing a person for doing something that is legally protected , you can try to call a national abortion hotline for more information.

There are many nonprofit organizations that will help people travel to Illinois to get abortions:

• Midwest Access Coalition
• Planned Parenthood of the St. Louis Region and Southwest Missouri
• Chicago Abortion Fund
• Hope Clinic for Women

There are also many national organizations doing this work:

• Women's Reproductive Rights Assistance Project
• National Network of Abortion Funds

It is generally safer to go through nationally known abortion funds and organizations.

Can my employer fire me for accessing abortion?

Under Title VII of the Civil Rights Act, pregnancy is a protected class A group of people who get special protection against discrimination . That means if an employer fires you because you are pregnant, you can sue them for discrimination. This normally means your employer cannot fire you for accessing abortion. They also cannot fire you for refusing an abortion. However, now it is unclear how this protection may be enforced. You can find more information about filing a discrimination claim with the US Equal Employment Opportunity Commission.

The Illinois Human Rights Act also prohibits discrimination based on pregnancy and reproductive health decisions. Reproductive health decisions include decisions about contraception, fertility or sterilization care, assisted reproductive technologies, miscarriage management care, health care related to continuing or terminating a pregnancy, and prenatal, intranatal, or postnatal care. Learn more about filing a discrimination claim with the Illinois Department of Human Rights.    

It is also important to know that your private health information, including information about your reproductive health, is protected by federal law. This information cannot be shared with your employer except in very limited circumstances. If such information is shared with your employer, the employer cannot use that information to make employment decisions. This would violate the Health Insurance Portability and Accountability Act (HIPAA). Learn more about your rights under HIPPA from the US Department of Health and Human Services. 

What is a 'medication abortion?'

Medication abortion has recently been approved by the FDA. You can read more about the process here. Read the FDA’s statement here.

Many states are also limiting access to this medication. Others require a physician to be there when the medication is taken. However, medication abortion can be an option for people living in states that allow it, but who may have difficulty traveling. Learn more about how to get the medication.

What if I'm not pregnant now, but could get pregnant and don't want an unplanned pregnancy?

All forms of contraception are still legal. However, pharmacists may decide not to prescribe contraceptive pills like Plan B. If this happens to you, you can file a complaint A written statement to start a lawsuit that says what the defendant did with the Department of Health and Human Services Office of Civil Rights.

Planned Parenthood can help you find the right birth control option for you. Power to Decide can help you access birth control.

Are there other things I should know about before getting an abortion now?

Illinois law protects coverage of preventive services, including reproductive healthcare services. The Illinois Insurance Code requires coverage of preventive services. This law does not apply to insurance written in other states, and it may not apply to services provided under an employer's group health plan. 

When anyone has a serious medical procedure, it can be important to appoint someone with Medical Power of Attorney. They can speak on your behalf for medical treatment if you are unable to.

If you are traveling to a different state, you may want to have a HIPAA Authorization Form. This will allow a different medical provider to access your medical records. This can help protect you and make sure you are receiving safe medical care.

Legal information organizations, like Illinois Legal Aid Online (ILAO), may be able to help you find the authorization form for your state.

Here is Illinois’ HIPAA Authorization Form.

Looking to get involved in other ways?

The National Network of Abortion Funds can help you find your local abortion fund. You can also donate to a general fund.

If you are a lawyer Someone who represents clients in courts or who gives legal advice or law student, If/When/How is a national advocacy group. Click here to see how you can help.

You can also call your state representative to share your thoughts or concerns.