Often referred to as “dismemberment abortion bans,” a nonmedical term, these laws seek to ban the most commonly used method of ending a pregnancy during the second trimester.
Many of these laws define dismemberment abortion as “the purpose of causing the death of an unborn child, to purposely dismember a living unborn child and extract him or her one piece at a time from the uterus through the use of clamps, grasping forceps, tongs, scissors, or a similar instrument that, through the convergence of two rigid levers, slices, crushes, or grasps a portion of the unborn child’s body to cut or rip it off.”
In reality, dilation and evacuation is a safe and effective method in which a physician dilates the patient’s cervix and removes the fetus using forceps, clamps, or other surgical instruments.
The tactic of redefining an abortion procedure with a non-medical term is not new. Anti-choice activists successfully employed the same strategy in the 1990s when the National Right to Life Committee (NRLC) coined the term “partial-birth abortion” in an effort to ban intact dilation and extraction abortions. The procedure, an uncommon method used after the first trimester, was ultimately banned by Congress and the Supreme Court.
According to the American Congress of Obstetricians and Gynecologists, (ACOG) an abortion using suction aspiration can be performed up to 14 weeks’ gestation, but after 14 weeks the dilation and evacuation (D and E) procedure must be used to perform an abortion. As such, D and E bans, depending upon their language, may ban all surgical abortion past 14 weeks’ gestation.
ACOG opposes this ban, and has stated that “these restrictions represent legislative interference at its worst: doctors will be forced, by ill-advised, unscientifically motivated policy, to provide lesser care to patients. This is unacceptable.”
Examples of Dilation and Evacuation Bans (Last Updated August 14, 2020)
Dilation and evacuation bans come in different forms with varying exceptions. The most popular legislative model banning the D and E abortion method is the “Unborn Child Protection from Dismemberment Abortion Act,” based on model legislation drafted by the NRLC.
Dilation and evacuation bans have been signed in ten states: Alabama, Arkansas, Kansas, Kentucky, Louisiana, Mississippi, Ohio, Oklahoma, Texas, and West Virginia. Laws banning D and E procedures have been blocked or temporarily enjoined in seven states: Alabama, Arkansas, Kansas, Kentucky, Louisiana, Oklahoma, and Texas.
On April 7, 2015, Kansas Gov. Brownback signed SB 95, the first D and E ban to be enacted in the United States. The law prohibits a person from performing, or attempting to perform, a “dismemberment abortion” unless it is necessary to save the life of the patient or the continuation of the pregnancy will cause a substantial and irreversible physical impairment of a major bodily function of the pregnant patient. The Center for Reproductive Rights filed a complaint challenging the law. The district court blocked the legislation, pending resolution of the lawsuit.
That same year, Oklahoma enacted its own D and E ban, HB 1721. The law prohibits a person from performing or attempting to perform a “dismemberment abortion” unless it is necessary to prevent serious health risk to the pregnant patient. On October 14, 2015, an Oklahoma state court judge issued a temporary injunction in a lawsuit challenging the ban.
In 2016, Alabama, Louisiana, Mississippi, and West Virginia all enacted D and E bans. Each law prohibits a person from performing or attempting to perform a “dismemberment abortion” unless it is necessary to prevent a serious health risk to the patient. While the bans in Mississippi and West Virginia remain current and in effect, the law in Alabama was ruled unconstitutional and blocked. In Louisiana, the Center for Reproductive Rights filed a lawsuit challenging the ban on dilation and evacuation procedures, along with six other abortion restrictions that were enacted. With the case pending, the state agreed to delay enforcement of all restrictions.
Arkansas became the first state to pass a D and E ban for the 2017 legislative session. HB 1032 bans “dismemberment abortions” unless it is necessary to prevent a serious health risk to the patient. A U.S. District Court Judge issued a preliminary injunction in late July, blocking the state from enforcing the law.
In June 2017, Texas Gov. Greg Abbott (R) signed an omnibus bill containing a D and E ban. A group of abortion providers led by Whole Woman’s Health is challenging the ban in federal court. A U.S. District Court Judge issued a permanent injunction on November 22, 2017, blocking the state from enforcing the ban.
On April 10, 2018, Kentucky Gov. Matt Bevin (R) signed HB 454, which prohibits dilation and evacuation procedures when the probable post-fertilization age of the fetus is eleven weeks or greater. The ACLU filed a lawsuit on behalf of abortion providers on April 22, 2018, challenging the law. The state of Kentucky agreed to stop enforcement of the law while the case proceeds.
On December 21, 2018, Ohio Gov. John Kasich (R) signed SB 145, which prohibits dilation and evacuation procedures when the abortion isn’t necessary to preserve the life or physical health of the pregnant person.
On August 14, 2020, Nebraska Gov. Pete Ricketts (R) signed LB 814 , which prohibits dilation and evacuation procedures using clamps, forceps, other comparable instruments. The procedure is only permitted in medical emergencies.
Laws
Title |
Number |
State |
Proposed |
Status |
South Dakota Dilation and Evacuation Abortion Ban (HB 1241)
|
HB 1241 |
South Dakota |
Feb 4, 2014 |
Failed to Pass |
Kansas Unborn Child Protection From Dismemberment Abortion Act (SB 95)
|
SB 95 |
Kansas |
Jan 28, 2015 |
Blocked/Enjoined |
Oklahoma Unborn Child Protection From ‘Dismemberment Abortion’ Act (HB 1721)
|
HB 1721 |
Oklahoma |
Jan 22, 2015 |
Blocked/Enjoined |
Kansas Unborn Child Protection From Dismemberment Abortion Act (HB 2187)
|
HB 2187 |
Kansas |
Jan 29, 2015 |
Failed to Pass |
South Dakota ‘Preborn Infant Beheading Ban’ Amended to Personhood Resolution (HB 1230)
|
HB 1230 |
South Dakota |
Feb 17, 2015 |
Failed to Pass |
Missouri Unborn Child Protection from ‘Dismemberment Abortion’ Act (HB 920)
|
HB 920 |
Missouri |
Feb 11, 2015 |
Failed to Pass |
South Carolina ‘Dismemberment Abortion’ Ban (S 531)
|
S 531 |
South Carolina |
Mar 10, 2015 |
Failed to Pass |
Kansas Prohibition on ‘Decapitation of Unborn Children’ Act (HB 2417)
|
HB 2417 |
Kansas |
Mar 23, 2015 |
Failed to Pass |
New Jersey Protection of Fetuses from ‘Dismemberment Abortion’ Act (A 4471)
|
A 4471 |
New Jersey |
Jun 1, 2015 |
Failed to Pass |
Michigan Partial-Birth Abortion and ‘Dismemberment Abortion’ Ban Act (HB 4833)
|
HB 4833 |
Michigan |
Aug 20, 2015 |
Failed to Pass |
Michigan Bill Regarding “Dismemberment Abortion” Sentencing Guidelines (HB 4834)
|
HB 4834 |
Michigan |
Aug 20, 2015 |
Failed to Pass |
Missouri Unborn Child Protection from ‘Dismemberment Abortion’ Act (HB 1714)
|
HB 1714 |
Missouri |
Jan 6, 2016 |
Failed to Pass |
West Virginia Unborn Child Protection from ‘Dismemberment Abortion’ Act (HB 4004)
|
HB 4004 |
West Virginia |
Jan 13, 2016 |
Failed to Pass |
New Hampshire Unborn Child Protection from ‘Dismemberment Abortion’ Act (HB 1560)
|
HB 1560 |
New Hampshire |
Dec 29, 2015 |
Failed to Pass |
Nebraska ‘Dismemberment Abortion’ Ban (LB 767)
|
LB 767 |
Nebraska |
Jan 6, 2016 |
Failed to Pass |
Michigan Partial-Birth Abortion & ‘Dismemberment Abortion’ Ban Act (SB 704)
|
SB 704 |
Michigan |
Jan 14, 2016 |
Failed to Pass |
Kentucky Omnibus Abortion Bill (HB 257)
|
HB 257 |
Kentucky |
Jan 14, 2016 |
Failed to Pass |
West Virginia ‘Unborn Child’ Protection from ‘Dismemberment Abortion’ Act (SB 10)
|
SB 10 |
West Virginia |
Jan 13, 2016 |
Current |
Michigan Sentencing Guidelines for ‘Dismemberment Abortion’ (SB 705)
|
SB 705 |
Michigan |
|
Failed to Pass |
Alabama ‘Unborn Child’ Protection from ‘Dismemberment Abortion’ Act (SB 363)
|
SB 363 |
Alabama |
Mar 15, 2016 |
Blocked/Enjoined |
Alabama Unborn Child Protection from ‘Dismemberment Abortion’ Act (HB 376)
|
HB 376 |
Alabama |
Mar 8, 2016 |
Failed to Pass |
Minnesota “Unborn Child Protection from Dismemberment Abortion Act” (SF 3487)
|
SF 3487 |
Minnesota |
Apr 7, 2016 |
Failed to Pass |
Minnesota ‘Unborn Child Protection from Dismemberment Abortion Act’ (HF 3849)
|
HF 3849 |
Minnesota |
Apr 7, 2016 |
Failed to Pass |
Idaho ‘Unborn Child’ Protection from ‘Dismemberment Abortion’ Ban (S 1386)
|
S 1386 |
Idaho |
Mar 4, 2016 |
Failed to Pass |
Utah ‘Dismemberment Abortion’ Ban (HB 442)
|
HB 442 |
Utah |
Feb 25, 2016 |
Failed to Pass |
Mississippi ‘Unborn Child Protection from Dismemberment Abortion’ (HB 519)
|
HB 519 |
Mississippi |
Feb 8, 2016 |
Current |
New Jersey Protection of Fetuses from ‘Dismemberment Abortion’ (A 1700)
|
A 1700 |
New Jersey |
Jan 27, 2016 |
Failed to Pass |
Pennsylvania Bill Regarding Abortion Restrictions (HB 1948)
|
HB 1948 |
Pennsylvania |
Apr 1, 2016 |
Failed to Pass |
Rhode Island ‘Unborn Child’ Protection from ‘Dismemberment Abortion’ Act (S 2216)
|
S 2216 |
Rhode Island |
Jan 27, 2016 |
Failed to Pass |
Rhode Island ‘Unborn Child’ Protection from ‘Dismemberment Abortion’ Act (H 7282)
|
H 7282 |
Rhode Island |
Jan 21, 2016 |
Failed to Pass |
South Carolina ‘Dismemberment Abortion’ Ban (H 4634)
|
H 4634 |
South Carolina |
Jan 12, 2016 |
Failed to Pass |
Louisiana ‘Unborn Child’ Protection from ‘Dismemberment Abortion’ Act (HB 1081)
|
HB 1081 |
Louisiana |
Apr 5, 2016 |
Blocked/Enjoined |
Pennsylvania Bill Regarding Abortion Restrictions (SB 888)
|
SB 888 |
Pennsylvania |
Jun 6, 2016 |
Failed to Pass |
Federal ‘Dismemberment Abortion’ Ban Act of 2016 (S. 3306)
|
S. 3306 |
Federal |
Sep 8, 2016 |
Failed to Pass |
Federal ‘Dismemberment Abortion’ Ban Act of 2015 (H.R. 3515)
|
H.R. 3515 |
Federal |
Sep 16, 2015 |
Failed to Pass |
Arkansas Unborn Child Protection from ‘Dismemberment Abortion’ Act (HB 1032)
|
HB 1032 |
Arkansas |
Dec 5, 2016 |
Blocked/Enjoined |
Texas Omnibus Abortion Bill (SB 8)
|
SB 8 |
Texas |
Jan 24, 2017 |
Current-Partially Blocked |
Texas ‘Dismemberment Abortion’ Ban (HB 844)
|
HB 844 |
Texas |
Jan 5, 2017 |
Failed to Pass |
Texas ‘Dismemberment Abortion’ Ban (SB 415)
|
SB 415 |
Texas |
Jan 5, 2017 |
Failed to Pass |
Missouri ‘Unborn Child Protection from Dismemberment Abortion Act’ (HB 537)
|
HB 537 |
Missouri |
Jan 10, 2017 |
Failed to Pass |
Rhode Island ‘Unborn Child Protection from Dismemberment Abortion’ (H 5100)
|
H 5100 |
Rhode Island |
Jan 12, 2017 |
Failed to Pass |
Mississippi Bill Prohibiting Abortion (HB 1197)
|
HB 1197 |
Mississippi |
Jan 16, 2017 |
Failed to Pass |
South Carolina ‘Unborn Child Protection from Dismemberment Abortion’ Act (H 3548)
|
H 3548 |
South Carolina |
Jan 24, 2017 |
Failed to Pass |
Pennsylvania 20-Week and ‘Dismemberment Abortion’ Ban (SB 3)
|
SB 3 |
Pennsylvania |
Feb 2, 2017 |
Vetoed |
South Dakota ‘Dismemberment Abortion’ Ban (HB 1189)
|
HB 1189 |
South Dakota |
Feb 2, 2017 |
Failed to Pass |
New York 20-Week and ‘Dismemberment Abortion’ Ban (A 4777)
|
A 4777 |
New York |
Feb 3, 2017 |
Failed to Pass |
Maryland ‘Unborn Child Protection from Dismemberment Abortion Act’ (HB 1167)
|
HB 1167 |
Maryland |
Feb 9, 2017 |
Failed to Pass |
Maryland ‘Unborn Child Protection from Dismemberment Abortion Act’ (SB 841)
|
SB 841 |
Maryland |
Feb 3, 2017 |
Failed to Pass |
Illinois ‘Dismemberment Abortion’ Ban (HB 2891)
|
HB 2891 |
Illinois |
Feb 9, 2017 |
Failed to Pass |
South Carolina ‘Dismemberment Abortion’ Ban (S 564)
|
S 564 |
South Carolina |
Mar 21, 2017 |
Failed to Pass |
North Carolina ‘Unborn Child Protection from Dismemberment Abortion Act’ (SB 425)
|
SB 425 |
North Carolina |
Mar 28, 2017 |
Failed to Pass |
Michigan Partial-Birth & ‘Dismemberment Abortion’ Ban (SB 392)
|
SB 392 |
Michigan |
May 18, 2017 |
Failed to Pass |
Michigan Sentencing Guidelines for ‘Dismemberment Abortion’ (SB 391)
|
SB 391 |
Michigan |
May 18, 2017 |
Failed to Pass |
Michigan Sentencing Guidelines for ‘Dismemberment Abortion’ (HB 4553)
|
HB 4553 |
Michigan |
Apr 27, 2017 |
Failed to Pass |
Michigan Partial-Birth & ‘Dismemberment Abortion’ Ban Act (HB 4552)
|
HB 4552 |
Michigan |
Apr 27, 2017 |
Failed to Pass |
Pennsylvania 20-Week and ‘Dismemberment Abortion’ Ban (HB 77)
|
HB 77 |
Pennsylvania |
Feb 21, 2017 |
Failed to Pass |
Ohio ‘Dismemberment Abortion’ Ban (SB 145)
|
SB 145 |
Ohio |
May 4, 2017 |
Current-Partially Blocked |
‘Dismemberment Abortion’ Ban Act of 2017 (H.R. 1192)
|
H.R. 1192 |
Federal |
Feb 16, 2017 |
Failed to Pass |
Mississippi Bill Prohibiting Abortion (HB 45)
|
HB 45 |
Mississippi |
Jan 2, 2018 |
Failed to Pass |
Rhode Island ‘Unborn Child Protection from Dismemberment Abortion’ Act (H 7026)
|
H 7026 |
Rhode Island |
Jan 3, 2018 |
Failed to Pass |
Florida ‘Dismemberment Abortion’ Ban (SB 1890)
|
SB 1890 |
Florida |
Jan 9, 2018 |
Failed to Pass |
Florida ‘Dismemberment Abortion’ Ban (HB 1429)
|
HB 1429 |
Florida |
Jan 9, 2018 |
Failed to Pass |
Mississippi Gestational Age Act (HB 1510)
|
HB 1510 |
Mississippi |
Jan 15, 2018 |
Blocked/Enjoined |
Mississippi Gestational Age Act (SB 2905)
|
SB 2905 |
Mississippi |
Jan 15, 2018 |
Failed to Pass |
New Jersey ‘Protection of Fetuses from Dismemberment Abortion Act’ (A 2828)
|
A 2828 |
New Jersey |
Feb 1, 2018 |
Failed to Pass |
Maryland ‘Unborn Child Protection from Dismemberment Abortion Act’ (SB 1067)
|
SB 1067 |
Maryland |
Feb 7, 2018 |
Failed to Pass |
Illinois ‘Dismemberment Abortion’ Ban (HB 4717)
|
HB 4717 |
Illinois |
Feb 8, 2018 |
Failed to Pass |
Maryland ‘Unborn Child Protection from Dismemberment Abortion Act’ (HB 1355)
|
HB 1355 |
Maryland |
Feb 9, 2018 |
Failed to Pass |
Colorado ‘Dismemberment Abortion’ Ban (HB 1120)
|
HB 1120 |
Colorado |
Jan 19, 2018 |
Failed to Pass |
Rhode Island ‘Unborn Child Protection from Dismemberment Abortion’ Act (S 2585)
|
S 2585 |
Rhode Island |
Mar 1, 2018 |
Failed to Pass |
Kentucky 11-Week D&E Abortion Ban (HB 454)
|
HB 454 |
Kentucky |
Feb 22, 2018 |
Blocked/Enjoined |
South Carolina ‘Unborn Child Protection from Dismemberment Abortion Act’ (H 3182)
|
H 3182 |
South Carolina |
Jan 8, 2019 |
Proposed |
Indiana ‘Dismemberment Abortion’ Ban (HB 1211)
|
HB 1211 |
Indiana |
Jan 10, 2019 |
Blocked/Enjoined |
Rhode Island ‘Unborn Child Protection from Dismemberment Abortion Act’ (H 5114)
|
H 5114 |
Rhode Island |
Jan 11, 2019 |
Proposed |
North Dakota ‘Human Dismemberment Abortion’ Ban (HB 1546)
|
HB 1546 |
North Dakota |
Jan 14, 2019 |
Signed into Law |
Washington 11-Week D&E Abortion Ban (HB 1560)
|
HB 1560 |
Washington |
Jan 24, 2019 |
Proposed |
South Carolina ‘Unborn Child Protection from Dismemberment Abortion Act’ (H 3779)
|
H 3779 |
South Carolina |
Jan 29, 2019 |
Proposed |
North Carolina ‘Unborn Child Protection from Dismemberment Abortion Act’ (HB 54)
|
HB 54 |
North Carolina |
Feb 12, 2019 |
Proposed |
North Carolina ‘Unborn Child Protection from Dismemberment Abortion’ Act (SB 51)
|
SB 51 |
North Carolina |
Feb 12, 2019 |
Proposed |
Michigan ‘Partial-Birth Abortion and Dismemberment Abortion Ban Act’ (HB 4320)
|
HB 4320 |
Michigan |
Mar 12, 2019 |
Proposed |
Michigan Sentencing Guidelines for ‘Dismemberment Abortion’ (HB 4321)
|
HB 4321 |
Michigan |
Mar 12, 2019 |
Proposed |
Michigan ‘Partial-Birth Abortion and Dismemberment Abortion Ban’ (SB 229)
|
SB 229 |
Michigan |
Mar 19, 2019 |
Proposed |
Michigan Sentencing Guidelines for ‘Dismemberment Abortion’ (SB 230)
|
SB 230 |
Michigan |
Mar 19, 2019 |
Proposed |
New York ‘Life Appropriations Act’ and D&E Ban (A 8077)
|
A 8077 |
New York |
May 31, 2019 |
Proposed |
‘Dismemberment Abortion’ Ban Act of 2019 (S. 1035)
|
S.1035 |
Federal |
Apr 4, 2019 |
Proposed |
Saving Children Act of 2019 (H.R. 956)
|
H.R. 956 |
Federal |
Feb 4, 2019 |
Proposed |
Nebraska Dilation and Evacuation Ban Bill (LB 814)
|
HB 814 |
Nebraska |
Jan 8, 2020 |
Signed into Law |