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Abortion in Alaska

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Abortion in Alaska is legal at all stages of pregnancy. In September 2024, an Alaska superior court judge struck down the requirement that only licensed physicians provide abortions, meaning that the procedure can now also be legally performed by nurse practitioners and physician assistants.[1] As of 2016, Alaska does not require a minor to notify a parent or guardian in order to obtain an abortion. 63% of adults said in a poll by the Pew Research Center that abortion should be legal in all or most cases. The 2023 American Values Atlas reported that, in their most recent survey, 69% of Alaskans said that abortion should be legal in all or most cases.[2] Alaska was one of only four states to make abortion legal between 1967 and 1970, a few years before the US Supreme Court's decision in 1973's Roe v. Wade ruling. Alaska had consent requirements for women seeking abortions by 2007 that required abortion providers to warn patients of a link between abortion and breast cancer, despite it being scientifically unsupported.

The number of abortion clinics in Alaska has been declining, going from fourteen in 1982 to thirteen in 1992 to three in 2014. 1,547 abortions took place in Alaska in 2014, and 1,459 took place in 2015. For poor women, there is state funding for abortions.[citation needed]

History

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Alaska, California, and New Hampshire did not voluntarily provide the Center for Disease Control with abortion related data in 2000 or 2001.[3][4] In 2014, a poll by the Pew Research Center reported that 63% of adults in the state of Alaska believe abortion should be legal in all or most cases, with 34% stating it should be illegal in all or most cases.[5]

Legislative history

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Alaska, Hawaii, Washington, and New York were the only four states that made abortion legal between 1967 and 1970 that did not require a reason to request an abortion.[6] In 1970, the state repealed some of its abortion laws, along with Hawaii, New York, and Washington.[7] The following year, Alaska repealed its statute that said inducing an abortion was a criminal offense.[8] State law still required in 1971 that any woman getting a legal abortion in the state needed to be a resident for some specific period between 30 and 90 days.[8]

Some states, such as Alaska, Mississippi, West Virginia, Texas, and Kansas, have passed laws requiring abortion providers to warn patients of a link between abortion and breast cancer, and to issue other scientifically unsupported warnings.[9][10] The state was one of 23 states in 2007 to have a detailed abortion-specific informed consent requirement.[11] Alaska and Minnesota both require that women seeking abortions after 20 weeks be informed that, while experts disagree on the issue of whether or not a fetus can feel pain at 20 weeks, it is possible.[12]

House Bill 250 was introduced in 2017 by Rep. David Eastman (R-Wasilla). The bill was called the "Life at Conception Act", and it never made it out of committee in Alaska's House.[13] In 2017, Washington State, New Mexico, Illinois, Alaska, Maryland, Massachusetts, Connecticut, and New Jersey allow by state law qualified non-physicians to prescribe drugs for medical abortions only.[14] In May 2019, Eastman introduced House Bill 178, which defines abortion as "murder of an unborn child"; the bill was never heard before a committee.[13][15]

In 2022, Governor Mike Dunleavy expressed interest in an amendment to the Alaska Constitution clarifying the legality of abortion in the state.[16] 2022 happened to be the year that Alaska's regularly scheduled ballot question for calling a state constitutional convention was asked. Dunleavy and other anti-abortion advocates recommended voting "yes", but the question was resoundingly defeated, with 70% voting "no".[17]

In 2023, the bi-partisan coalition majority in the Alaska State Senate is consensus-focused, and unlikely to address controversial topics like abortion.[18]

Judicial history

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The US Supreme Court's decision in 1973's Roe v. Wade ruling meant the state could no longer regulate abortion in the first trimester.[19]

In 1997, the Alaska Supreme Court ruled in Valley Hospital Association, Inc. v. Mat-Su Coalition for Choice that the privacy clause of the Alaska Constitution protects the right to an abortion.[20] This ruling remains in effect after the US Supreme Court overruled Roe v. Wade in 2022.

In 2016, the Alaska Supreme Court struck down a parental notification law that had been established in 2010.[21]

In September 2024, an Alaska superior court judge struck down the requirement that only licensed physicians provide abortions, meaning that the procedure can now also be legally performed by nurse practitioners and physician assistants.[22]

Clinic history

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Number of abortion clinics in Alaska by year

Between 1982 and 1992, the number of abortion clinics in the state decreased by 1, going from 14 in 1982 to 13 in 1992.[23] In 2014, there were 3 abortion clinics in the state.[24] 90% of the boroughs in the state did not have an abortion clinic. That year, 37% of women in the state aged 15–44 lived in a borough without an abortion clinic.[25] In March 2016, there were 4 Planned Parenthood clinics in the state.[26] There were still 4 Planned Parenthood clinics the following year, all of which offered abortion services, in a state with a population of 167,815 women aged 15–49.[27]

Statistics

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In 1990, 69,000 women in the state faced the risk of an unintended pregnancy.[23] In 2013, among white women aged 15–19, there were 130 abortions, 10 abortions for black women aged 15–19, 20 abortions for Hispanic women aged 15–19, and 70 abortions for women of all other races.[28] In 2017, the state had an infant mortality rate of 5.6 deaths per 1,000 live births.[29]

Number of reported abortions, abortion rate and percentage change in rate by geographic region and state in 1992, 1995 and 1996[30]
Census division and state Number Rate % change 1992–1996
1992 1995 1996 1992 1995 1996
US Total 1,528,930 1,363,690 1,365,730 25.9 22.9 22.9 –12
Pacific 368,040 290,520 288,190 38.7 30.5 30.1 –22
Alaska 2,370 1,990 2,040 16.5 14.2 14.6 –11
California 304,230 240,240 237,830 42.1 33.4 33 –22
Hawaii 12,190 7,510 6,930 46 29.3 27.3 –41
Oregon 16,060 15,590 15,050 23.9 22.6 21.6 –10
Washington 33,190 25,190 26,340 27.7 20.2 20.9 –24
Number, rate, and ratio of reported abortions, by reporting area of residence and occurrence and by percentage of abortions obtained by out-of-state residents, US CDC estimates
Location Residence Occurrence % obtained by

out-of-state residents

Year Ref
No. Rate^ Ratio^^ No. Rate^ Ratio^^
Alaska 1,990 16.5 1992 [30]
Alaska 2,040 14.2 1995 [30]
Alaska 16.5 14.6 1996 [30]
Alaska 1,647 11.2 145 1,518 10.3 133 1.0 2014 [31]
Alaska 1,459 10 129 1,334 9.1 118 0.5 2015 [32]
Alaska 1,408 9.6 126 1,260 8.5 112 0.6 2016 [33]
^number of abortions per 1,000 women aged 15–44; ^^number of abortions per 1,000 live births


Abortion financing

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17 US states, including Alaska, use their own funds to cover all or most "medically necessary" abortions sought by low-income women under Medicaid, 13 of which are required by State court orders to do so.[34][13] In 2010, the state had 835 publicly funded abortions, of which were zero federally, and 835 were state-funded.[35]

Abortion rights views and activities

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Protests

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Women from the state participated in marches supporting abortion rights as part of a #StoptheBans movement in May 2019.[36][15] Hundreds of women attended a rally in Anchorage at Town Square Park to protest legislation proposed in Alaska's House to restrict abortion rights. The event was organized by Planned Parenthood Votes and Alaska ACLU.[15] There was another rally at the Alaska Capitol in Juneau in May 2019, in opposition to the bill proposed by Republican Rep. David Eastman of Wasilla.[37]

Following the leak of the overturning of Roe v. Wade on May 2, 2022, Alaska saw abortion rights protests in Anchorage,[38] Fairbanks,[39] and Haines.[40]

Anti-abortion views and activism

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Views

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Rep. David Eastman (R-Wasilla) was censured by the Alaska Legislature in 2017 after he claimed that women used Medicaid support for abortion as a "free trip to the city".[13]

Protests

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A small counter-protest was organized by anti-abortion rights activists at the Alaska Capitol in Juneau in May 2019, in support of proposed restrictions on women's ability to access legal abortions in the state.[37]

References

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  1. ^ "Alaska judge strikes down requirement that only licensed physicians provide abortions". Alaska Beacon. Retrieved September 14, 2024.
  2. ^ "Abortion Views in All 50 States: Findings from PRRI's 2023 American Values Atlas | PRRI". PRRI | At the intersection of religion, values, and public life. May 2, 2024. Retrieved October 30, 2024.
  3. ^ "Abortion Surveillance --- United States, 2000". www.cdc.gov. Retrieved May 25, 2019.
  4. ^ "Abortion Surveillance --- United States, 2001". www.cdc.gov. Retrieved May 25, 2019.
  5. ^ "Views about abortion by state - Religion in America: U.S. Religious Data, Demographics and Statistics". Pew Research Center. Retrieved June 27, 2022.
  6. ^ Willke, J.C. (September 1992). "Very few illegal abortion deaths". American Journal of Obstetrics and Gynecology. 167 (3): 854–5. doi:10.1016/s0002-9378(11)91601-9. ISSN 0002-9378. PMID 1530050.
  7. ^ "Medicine: Abortion on Request". Time. March 9, 1970. Archived from the original on December 1, 2010. Retrieved October 15, 2012. (subscription required)
  8. ^ a b Reagan, Leslie J. (September 21, 1998). When Abortion Was a Crime: Women, Medicine, and Law in the United States, 1867–1973. University of California Press. ISBN 9780520216570.
  9. ^ "Do abortions cause breast cancer? Kansas State House Abortion Act invokes shaky science for political gain". Slate Magazine. May 23, 2012. Retrieved June 28, 2015.
  10. ^ "Misinformed Consent: The Medical Accuracy of State-Developed Abortion Counseling Materials". October 25, 2006.
  11. ^ "State Policy On Informed Consent for Abortion" (PDF). Guttmacher Policy Review. Fall 2007. Retrieved May 22, 2019.
  12. ^ "State Abortion Counseling Policies and the Fundamental Principles of Informed Consent". Guttmacher Institute. November 12, 2007. Retrieved May 22, 2019.
  13. ^ a b c d McCarthy, Alex (May 17, 2019). ""Dangerous and outrageous": Bill introduced in Alaska House would treat abortion the same as murder". Juneau Empire. Retrieved May 23, 2019.
  14. ^ "Study: Abortions Are Safe When Performed By Nurse Practitioners, Physician Assistants, Certified Nurse Midwives". January 17, 2013. Retrieved January 25, 2017.
  15. ^ a b c Minemyer, Derek (May 18, 2019). "Hundreds rally against House anti-abortion bill in Anchorage Saturday". www.ktuu.com. Retrieved May 27, 2019.
  16. ^ "Governor Dunleavy Reacts to the U.S. Supreme Court Decision Overturning Roe v. Wade". June 24, 2022. Retrieved September 22, 2022.
  17. ^ "Ballotpedia: Alaska Ballot Measure 1, Constitutional Convention Question (2022)". March 1, 2023. Retrieved August 22, 2023.
  18. ^ "Alaska legislators say abortion-related legislation is unlikely to advance in the Capitol this year • Alaska Beacon". January 5, 2023.
  19. ^ Buell, Samuel (January 1, 1991). "Criminal Abortion Revisited". New York University Law Review. 66 (6): 1774–1831. PMID 11652642.
  20. ^ Alaska. Supreme, Court (November 21, 1997). "Valley Hospital Association, Inc. v. Mat-Su Coalition for Choice". Pacific Reporter. 948: 963–973. PMID 12041124.
  21. ^ "Alaska parental notification abortion law struck down". Associated Press. July 23, 2016. Retrieved August 16, 2023.
  22. ^ "Alaska judge strikes down requirement that only licensed physicians provide abortions". Alaska Beacon. Retrieved September 14, 2024.
  23. ^ a b Arndorfer, Elizabeth; Michael, Jodi; Moskowitz, Laura; Grant, Juli A.; Siebel, Liza (December 1998). A State-By-State Review of Abortion and Reproductive Rights. DIANE Publishing. ISBN 9780788174810.
  24. ^ Gould, Rebecca Harrington, Skye. "The number of abortion clinics in the US has plunged in the last decade — here's how many are in each state". Business Insider. Retrieved May 23, 2019.{{cite web}}: CS1 maint: multiple names: authors list (link)
  25. ^ Panetta, Grace; Lee, Samantha (August 4, 2018). "This is what could happen if Roe v. Wade fell". Business Insider (in Spanish). Archived from the original on May 24, 2019. Retrieved May 24, 2019.
  26. ^ Bohatch, Emily. "27 states with the most Planned Parenthood clinics". thestate. Retrieved May 24, 2019.
  27. ^ "Here's Where Women Have Less Access to Planned Parenthood". Retrieved May 23, 2019.
  28. ^ "No. of abortions among women aged 15–19, by state of residence, 2013 by racial group". Guttmacher Data Center. Retrieved May 24, 2019.
  29. ^ "States pushing abortion bans have highest infant mortality rates". NBC News. May 24, 2019. Retrieved May 25, 2019.
  30. ^ a b c d Henshaw, Stanley K. (June 15, 2005). "Abortion Incidence and Services in the United States, 1995-1996". Perspectives on Sexual and Reproductive Health. 30: 263–270. Retrieved June 2, 2019.
  31. ^ Jatlaoui, Tara C. (2017). "Abortion Surveillance — United States, 2014". MMWR. Surveillance Summaries. 66 (24): 1–48. doi:10.15585/mmwr.ss6624a1. ISSN 1546-0738. PMC 6289084. PMID 29166366.
  32. ^ Jatlaoui, Tara C. (2018). "Abortion Surveillance — United States, 2015". MMWR. Surveillance Summaries. 67 (13): 1–45. doi:10.15585/mmwr.ss6713a1. ISSN 1546-0738. PMC 6289084. PMID 30462632.
  33. ^ Jatlaoui, Tara C. (2019). "Abortion Surveillance — United States, 2016". MMWR. Surveillance Summaries. 68 (11): 1–41. doi:10.15585/mmwr.ss6811a1. ISSN 1546-0738. PMC 6289084. PMID 31774741.
  34. ^ Francis Roberta W. "Frequently Asked Questions". Equal Rights Amendment. Alice Paul Institute. Archived from the original on April 17, 2009. Retrieved September 13, 2009.
  35. ^ "Guttmacher Data Center". data.guttmacher.org. Retrieved May 24, 2019.
  36. ^ Bacon, John. "Abortion rights supporters' voices thunder at #StopTheBans rallies across the nation". USA TODAY. Retrieved May 25, 2019.
  37. ^ a b "Activists rally against abortion ban bill in Alaska". www.citynews1130.com. May 21, 2019. Retrieved May 27, 2019.
  38. ^ Chen, Jeff (May 4, 2022). "Anchorage group rallies for reproductive rights in wake of Supreme Court leak". Alaska Public Media. Retrieved January 15, 2024.
  39. ^ Moore, Selena (May 3, 2022). "Fairbanks protest". Fairbanks Daily News-Miner. Retrieved January 15, 2024.
  40. ^ Smith, Corinne. "Haines students and residents rally for abortion rights". KHNS FM. Retrieved January 15, 2024.
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