In Minnesota
After Roe, abortion will be almost always legal. Hear from Minnesota Family Council & Institute about what’s at stake, and how you can be part of the fight for life. Then, keep reading to find out more about your state’s post-Roe abortion laws.
After Roe, states have an even greater responsibility to protect life. Partner with your state’s family policy council to ensure that your state is pro-life, from conception all the way to natural death!
Connect with Minnesota Family Council & Institute
THE BIG QUESTION
After Roe, does my state ban nearly all abortions or allow nearly all abortions?
Minnesota will still allow nearly all abortions. The Minnesota Supreme Court interpreted a “right to abortion” in the Minnesota Constitution. Doe v. Gomez, 542 N.W.2d 17 (1995). This means–now that Roe is overturned–changing the abortion laws in Minnesota will require legal as well as legislative action. Furthermore, Doe v. State, No. A22-1265, 2023 WL 2763167 (Minn. Ct. App. Apr. 3, 2023) invalidated many of Minnesota’s pro-life laws. Finally, please note that Minnesota’s Attorney General has filed numerous amicus briefs urging federal courts of appeal and the Supreme Court to strike down regulations on abortion.
WHAT’S NEXT
What is my state’s next step in the fight for life, now that Roe is overturned?
Minnesota must overturn its own Roe decision, the 1995 Doe v. Gomez state supreme court ruling interpreting a right to abortion and taxpayer funding of it in our state constitution.
MORE ABOUT YOUR STATE’S ABORTION LAWS
Below, we’ve summarized what abortion laws are in your state after Roe.
Abortion Limits, Exceptions and Enforcement
Limitations on abortions
If my state won’t ban all abortions, what are the limits to abortion?
Minnesota has enshrined a constitutional right to abortion and subsequently ruled all its abortion restrictions unconstitutional. Doe v. Gomez, 542 N.W.2d 17 (1995); Doe v. State, No. A22-1265, 2023 WL 2763167 (Minn. Ct. App. Apr. 3, 2023)..
Exceptions to any limitations
Are there any exceptions to those limitations placed on abortion?
No.
Penalties for performing an illegal abortion
What are the penalties to abortion providers for committing an illegal abortion (one of the forms of abortion that my state has limited under the law)?
None.
Enforcement
When abortion laws are violated, who can file a lawsuit to enforce their rights and the law?
No one.
Special standards of care
Does my state impose a special medical standard of care on abortion providers?
No.
Protecting Fundamental Rights
Parents
Does my state give parents the right to consent for their child to get an abortion?
No, the Minnesota Supreme Court has held its parental notification requirement unconstitutional. Doe v. State, No. A22-1265, 2023 WL 2763167 (Minn. Ct. App. Apr. 3, 2023).
Medical professionals
Does my state have conscience protections for medical professionals who do not want to participate in abortions?
Yes. Minnesota protects from civil liability all individual persons who refuse to perform or assist in an abortion. Minn. Stat. § 145.42.
Minnesota protects all health care professionals from sanctions by their employers for refusing to perform or assist in an abortion. Minn. Stat. § 145.42.
Babies Born Alive
Are there legal protections for babies born alive following a botched abortion in my state?
Yes, a baby who survives abortion shall be “fully recognized as a human person under the law.” Minn. Stat. Ann. § 145.423.
Yes, if the baby is born alive, the abortion provider must “take all reasonable measures, in keeping with good medical practice,” to keep the baby alive and healthy. Minn. Stat. Ann. § 145.423(2).
Safety & Health of Women
Physician-only requirement
Does an abortion have to be provided by a licensed physician in my state?
No, the Minnesota Supreme Court has held its physician-only requirement unconstitutional. Doe v. State, No. A22-1265, 2023 WL 2763167 (Minn. Ct. App. Apr. 3, 2023).
Informed consent
Does my state’s law require that a woman give informed consent and/or receive counseling prior to allowing an abortion to be performed?
No, the Minnesota Supreme Court has held its informed consent requirements unconstitutional. Doe v. State, No. A22-1265, 2023 WL 2763167 (Minn. Ct. App. Apr. 3, 2023).
Waiting period
Does my state place any waiting requirement on abortion so that a mother has more time to decide?
No, the Minnesota Supreme Court has held its waiting period requirements unconstitutional. Doe v. State, No. A22-1265, 2023 WL 2763167 (Minn. Ct. App. Apr. 3, 2023).