July 14, 2022
On July 11, a Ramsey County District judge ruled that several Minnesota laws restricting abortion access violate the state Constitution. The ruling was effective immediately.
Laws declared unconstitutional include:
A criminal statute which makes it a felony for a non-physician to provide an abortion.
A criminal statute which makes it a felony for a physician to provide an abortion outside of a hospital after the first trimester.
A criminal statute which makes it a felony for a physician to provide an abortion without a 24-hour waiting period.
A criminal statute which makes it a felony for a physician to provide an abortion without first sharing the following information with the patient:
Anesthetic or analgesic options to alleviate pain to the fetus after 20 weeks gestational;
Medical assistance benefits available for prenatal care, childbirth, and neonatal care;
Child support obligations of the other biological parent;
A state-sanctioned informational handbook “If You Are Pregnant: Information on Fetal Development, Abortion, and Alternatives,” in print and/or electronic form.
A criminal statute which makes it a felony for a physician to provide an abortion and fail to conform to data-reporting requirements.
A criminal statute which makes it a misdemeanor for a physician to provide an abortion to a minor without notifying all living parents or guardians of the minor at least 48 hours prior to the abortion.
In the Doe v. Minnesota ruling, Ramsey County District Court Judge Thomas Gilligan wrote that “these abortion laws violate the right to privacy because they infringe upon the fundamental right under the Minnesota Constitution to access abortion care and do not withstand strict scrutiny.” The ruling is consistent with judicial precedent set by the Minnesota Supreme Court under Doe v. Gomez (1995).
The ruling is also consistent with the MMA’s policies on abortion, which were updated by the Board of Trustees in May.
The MMA will continue to monitor any potential appeals to this decision and other threats to abortion access in Minnesota.
If you have any questions related to this ruling, MMA policy, or The Pulse, please contact Adrian Uphoff, policy analyst.
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