Heartbeat bans attempt to outlaw abortions as soon as a heartbeat can be detected, which is often in the embryonic stage, as early as six weeks’ gestation, before many people even know they are pregnant. These laws, some of the most extreme in the country, are flatly unconstitutional because they seek to ban abortion months before the point at which a fetus is viable.
The U.S. Supreme Court, in Roe v. Wade, made it clear that states may not ban abortion outright before the fetus is determined to be viable, recognized by the medical community as around 24 weeks’ gestation. In addition, the U.S. Supreme Court ruled in Planned Parenthood v. Casey that states may not place an undue burden on a woman’s right to choose an abortion. Like laws that attempt to ban abortion at 20 weeks’ gestation, bills banning abortion after detection of a fetal heartbeat are intended as a direct challenge to these U.S. Supreme Court decisions.
Heartbeat ban bills first rose to prominence in Ohio in 2011, where anti-choice activist Janet Porter and her organization Faith2Action sent thousands of heart-shaped balloons to the Ohio statehouse on Valentine’s Day to thank legislators who sponsored HB 125, Ohio’s heartbeat bill. The bill was supported by Porter and her allies, as well as by numerous Republican legislators, led by Rep. Lynn Wachtmann (R-Napoleon), who sponsored the bill.
Yet not everyone in the anti-choice movement supported the passage of the heartbeat bill. For example, prominent anti-choice activist James Bopp Jr. testified against the bill, expressing concerns that it would provide the U.S. Supreme Court an opportunity to strengthen Roe v. Wade. Ohio Right to Life, which also opposed the ban, believed that the heartbeat bill would sidetrack other anti-choice bills—like 20-week bans—that had a greater chance of being enacted. Ultimately, the Ohio heartbeat bill failed to pass, but it provided a blueprint for other states attempting to pass similar laws.
Examples of Heartbeat Bans (last updated May 30, 2019)
In 2013, two states ultimately succeeded in passing heartbeat laws. Both Arkansas and North Dakota passed heartbeat ban legislation prohibiting abortion early in the first trimester of pregnancy. Arkansas’ legislation required an abortion provider to use an abdominal ultrasound to detect a fetal heartbeat and banned abortion when the pregnancy has progressed to 12 weeks and a fetal heartbeat is detected. North Dakota went even further, passing the most stringent anti-choice legislation in the country—a bill that bans abortion as soon as a fetal heartbeat can be detected using “acceptable medical practice,” which is approximately six weeks through the use of a transvaginal ultrasound.
Both laws were immediately challenged in court and blocked.
In May 2015, the Eighth Circuit Court of Appeals affirmed a lower court ruling blocking Arkansas’ law. In January 2016, The U.S. Supreme Court declined to review the case, leaving the Eighth Circuit’s ruling in place.
Similarly, the Eighth Circuit Court of Appeals affirmed a lower court decision blocking North Dakota’s law in July 2015. As with Arkansas’ law, the U.S. Supreme Court declined to review the case. The law remains permanently blocked.
In 2016, Ohio was also successful in passing a heartbeat ban. The heartbeat law prohibited any person from knowingly and purposefully performing or inducing an abortion on a pregnant patient with the specific intent of causing or abetting the termination of the life of the “unborn human individual” the pregnant patient was carrying and whose fetal heartbeat had been detected. The bill did not include an exception for cases of rape or incest. Citing previous bans which had been struck down, Gov. Kasich (R) vetoed the legislation. However on the same day, Kasich signed a 20-week abortion ban into law.
Legal setbacks have not stopped anti-choice legislators from persisting in their attempts to pass these laws. During the 2017-2018 legislative sessions, heartbeat bans were introduced in Iowa, Minnesota, Mississippi, Missouri, New York, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Tennessee, and the U.S. Congress.
2018
On May 4, 2018, Iowa Gov. Kim Reynolds (R) signed SF 359 into law, prohibiting the performance of an abortion from the time a fetus has a detectable heartbeat. Planned Parenthood and the ACLU of Iowa filed a lawsuit in state court arguing the law violated the Iowa Constitution. On January 22, 2019, the law was ruled unconstitutional.
On December 12, 2018, Ohio lawmakers passed HB 258, prohibiting the performance of an abortion when a fetal heartbeat has been detected. The bill was amended to clarify that the use of a transvaginal ultrasound to detect the fetal heartbeat would not be required—essentially banning abortion anywhere from 9 to 12 weeks’ gestation (the time at which an abdominal ultrasound can be used to detect a fetal heartbeat). Once again, Gov. John Kasich vetoed the legislation and lawmakers were unable to secure enough votes for an override. In a familiar move, Kasich instead signed a law banning D and E procedures, the most common method of second-trimester abortion.
2019
At least sixteen states (Florida, Georgia, Illinois, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Mississippi, Missouri, New York, Ohio, South Carolina, Tennessee, Texas, and West Virginia) have introduced measures to ban abortion as early as six weeks into a pregnancy.
On March 15, 2019, Kentucky Gov. Matt Bevin (R) signed SB 9 into law, making it a felony to perform or induce an abortion when a fetal heartbeat has been detected. The law was immediately challenged and temporarily blocked in federal court.
On March 21, 2019, Mississippi Gov. Phil Bryant (R) signed SB 2116 into law, prohibiting the performance of an abortion once a fetal heartbeat has been detected. On March 29, 2019, the Center for Reproductive Rights and Mississippi Center for Justice expanded their current lawsuit against the state’s 15-week ban to include a challenge to the “heartbeat ban.” On May 24, 2019, U.S. District Court Judge Carlton Reeves issued a preliminary injunction blocking the law from taking effect.
On April 11, 2019, Ohio Gov. Mike DeWine (R) signed SB 23 into law, prohibiting a physician from performing or inducing an abortion on a pregnant person when the fetus has a detectable heartbeat. The measure is slated to take effect in July. The ACLU of Ohio is preparing to challenge the law.
On May 7, 2019, Gov. Brian Kemp (R) signed HB 481, an omnibus abortion bill which—among other things—bans abortion once a fetal heartbeat has been detected.
On May 30, 2019, Gov. John Bel Edwards (D) signed SB 184 into law, prohibiting the performance of an abortion once a fetal heartbeat is detected. The measure will only take effect if the United States Court of Appeals for the Fifth Circuit upholds Mississippi’s nearly identical law, SB 2116.
Laws
Title |
Number |
State |
Proposed |
Status |
Arkansas Human Heartbeat Protection Act (SB 134)
|
SB 134 |
Arkansas |
Jan 28, 2013 |
Blocked/Enjoined |
Texas Human Heartbeat Protection Act (HB 59)
|
HB 59 |
Texas |
Jul 18, 2013 |
Failed to Pass |
North Dakota Human Heartbeat Protection Act (HB 1456)
|
HB 1456 |
North Dakota |
Jan 21, 2013 |
Blocked/Enjoined |
Ohio Human Heartbeat Protection Act (HB 248)
|
HB 248 |
Ohio |
Aug 21, 2013 |
Failed to Pass |
Ohio Human Heartbeat Protection Act (HB 125)
|
HB 125 |
Ohio |
Feb 24, 2011 |
Failed to Pass |
Ohio Omnibus Abortion Budget Bill (HB 59)
|
HB 59 |
Ohio |
Feb 12, 2013 |
Current |
Alabama Fetal Heartbeat Act (HB 490)
|
HB 490 |
Alabama |
Feb 13, 2014 |
Failed to Pass |
Michigan Human Heartbeat Protection Act (HB 5643)
|
HB 5643 |
Michigan |
Jun 10, 2014 |
Failed to Pass |
Michigan Bill Regarding Sentencing Guidelines Regarding Violations of Heartbeat Ban (HB 5645)
|
HB 5645 |
Michigan |
Jun 10, 2014 |
Failed to Pass |
Michigan Bill Regarding Heartbeat Ban Penalty Provision (HB 5644)
|
HB 5644 |
Michigan |
Jun 10, 2014 |
Failed to Pass |
Kansas Fetal Heartbeat Act (HB 2324)
|
HB 2324 |
Kansas |
Feb 13, 2013 |
Failed to Pass |
South Carolina Human Heartbeat Protection Act (S 623)
|
S 623 |
South Carolina |
Apr 16, 2013 |
Failed to Pass |
Ohio Bill to Repeal Abortion Restrictions in Budget Bill (HB 280)
|
HB 280 |
Ohio |
Oct 2, 2013 |
Failed to Pass |
Mississippi Heartbeat Ban (SB 2807)
|
SB 2807 |
Mississippi |
Jan 20, 2014 |
Failed to Pass |
Mississippi Heartbeat Ban (HB 6)
|
HB 6 |
Mississippi |
Feb 5, 2013 |
Failed to Pass |
Ohio Human Heartbeat Protection Act (SB 297)
|
SB 297 |
Ohio |
Mar 13, 2014 |
Failed to Pass |
Kentucky Heartbeat Ban (HB 132)
|
HB 132 |
Kentucky |
Jan 7, 2014 |
Failed to Pass |
South Carolina Human Heartbeat Protection Act (S 96)
|
S 96 |
South Carolina |
Jan 13, 2015 |
Failed to Pass |
Oklahoma Bill Amending Heartbeat Informed Consent Act (SB 606)
|
SB 606 |
Oklahoma |
Feb 2, 2015 |
Failed to Pass |
Ohio Human Heartbeat Protection Act (HB 69)
|
HB 69 |
Ohio |
Feb 17, 2015 |
Failed to Pass |
New York Fetal Heartbeat Ban (A 3725)
|
A 3725 |
New York |
Jan 27, 2015 |
Failed to Pass |
Michigan Human Heartbeat Protection Act (HB 4241)
|
HB 4241 |
Michigan |
Feb 25, 2015 |
Failed to Pass |
Alabama Fetal Heartbeat Act 2015 (HB 405)
|
HB 405 |
Alabama |
Apr 2, 2015 |
Failed to Pass |
Kentucky Fetal Heartbeat Bill (HB 132)
|
HB 132 |
Kentucky |
Jan 11, 2013 |
Failed to Pass |
New York Fetal Heartbeat Ban (A 8947)
|
A 8947 |
New York |
Mar 4, 2014 |
Failed to Pass |
Wyoming Fetal Heartbeat Bill (HB 97)
|
HB 97 |
Wyoming |
Jan 25, 2013 |
Failed to Pass |
Alabama Fetal Heartbeat Act (HB 21)
|
HB 21 |
Alabama |
Feb 2, 2016 |
Failed to Pass |
Alabama Fetal Heartbeat Act 2016 (SB 9)
|
SB 9 |
Alabama |
Feb 2, 2016 |
Failed to Pass |
Indiana Heartbeat Bill (SB 144)
|
SB 144 |
Indiana |
Jan 5, 2016 |
Failed to Pass |
Indiana Heartbeat Bill (HB 1122)
|
HB 1122 |
Indiana |
Jan 7, 2016 |
Failed to Pass |
Oklahoma Heartbeat Abortion Ban (SB 1118)
|
SB 1118 |
Oklahoma |
Feb 1, 2016 |
Failed to Pass |
Ohio Heartbeat Bill (HB 493)
|
HB 493 |
Ohio |
Mar 21, 2016 |
Vetoed |
Oklahoma Heartbeat Abortion Ban (SB 710)
|
SB 710 |
Oklahoma |
Feb 6, 2017 |
Failed to Pass |
Mississippi Heartbeat Ban (HB 1198)
|
HB 1198 |
Mississippi |
Jan 16, 2017 |
Failed to Pass |
Mississippi Heartbeat Ban (SB 2562)
|
SB 2562 |
Mississippi |
Jan 16, 2017 |
Failed to Pass |
Mississippi Heartbeat Ban (SB 2584)
|
SB 2584 |
Mississippi |
Jan 16, 2017 |
Failed to Pass |
Tennessee Fetal Heartbeat Bill (HB 108)
|
HB 108 |
Tennessee |
Jan 26, 2017 |
Current |
Tennessee Fetal Heartbeat Bill (SB 244)
|
SB 244 |
Tennessee |
Jan 31, 2017 |
Failed to Pass |
New York Fetal Heartbeat Ban (A 5384)
|
A 5384 |
New York |
Feb 8, 2017 |
Failed to Pass |
Missouri Fetal Heartbeat Bill (SB 408)
|
SB 408 |
Missouri |
Feb 9, 2017 |
Failed to Pass |
Alabama Fetal Heartbeat Act (HB 154)
|
HB 154 |
Alabama |
Feb 9, 2017 |
Failed to Pass |
South Carolina Fetal Heartbeat Bill (S 467)
|
S 467 |
South Carolina |
Feb 23, 2017 |
Failed to Pass |
Michigan Bill Regarding Fetal Heartbeat (HB 4467)
|
HB 4467 |
Michigan |
Mar 30, 2017 |
Failed to Pass |
Ohio Fetal Heartbeat Abortion Ban (HB 258)
|
HB 258 |
Ohio |
Jun 6, 2017 |
Vetoed |
Heartbeat Protection Act of 2017 (H.R. 490)
|
H.R. 490 |
Federal |
Jan 12, 2017 |
Failed to Pass |
Missouri Fetal Heartbeat Bill (SB 714)
|
SB 714 |
Missouri |
Jan 3, 2018 |
Failed to Pass |
Mississippi Heartbeat Ban (SB 2143)
|
SB 2143 |
Mississippi |
Jan 9, 2018 |
Failed to Pass |
Mississippi Heartbeat Ban (SB 2058)
|
SB 2058 |
Mississippi |
Jan 3, 2018 |
Failed to Pass |
Mississippi Women’s Health Protection and Fetal Heartbeat Act (HB 226)
|
HB 226 |
Mississippi |
Jan 2, 2018 |
Failed to Pass |
Iowa Fetal Heartbeat Abortion Ban (SSB 3143)
|
SSB 3143 |
Iowa |
Feb 5, 2018 |
Proposed |
Iowa Heartbeat Protection Act (HF 2163)
|
HF 2163 |
Iowa |
Jan 31, 2018 |
Failed to Pass |
Iowa Fetal Heartbeat Abortion Ban (SF 2281)
|
SF 2281 |
Iowa |
Feb 14, 2018 |
Failed to Pass |
Tennessee Fetal Heartbeat Bill (SB 1961)
|
SB 1961 |
Tennessee |
Jan 29, 2018 |
Proposed |
Tennessee Fetal Heartbeat Bill (HB 1892)
|
HB 1892 |
Tennessee |
Jan 25, 2018 |
Proposed |
Iowa Heartbeat Abortion Ban (SF 359)
|
SF 359 |
Iowa |
Feb 27, 2017 |
Blocked/Enjoined |
Pennsylvania Heartbeat Abortion Ban (HB 2315)
|
HB 2315 |
Pennsylvania |
May 2, 2018 |
Failed to Pass |
South Carolina ‘Fetal Heartbeat Protection from Abortion Act’ (H 5403)
|
H 5403 |
South Carolina |
May 9, 2018 |
Failed to Pass |
Minnesota Fetal Heartbeat Abortion Ban (HF 4524)
|
HF 4524 |
Minnesota |
May 17, 2018 |
Failed to Pass |
Minnesota Fetal Heartbeat Abortion Ban (SF 4109)
|
SF 4109 |
Minnesota |
May 19, 2018 |
Failed to Pass |
Mississippi Medicaid Repealer Bill (HB 1481)
|
HB 1481 |
Mississippi |
Jan 15, 2018 |
Failed to Pass |
Mississippi Heartbeat Ban (HB 1509)
|
HB 1509 |
Mississippi |
Jan 15, 2018 |
Failed to Pass |
Missouri ‘Stands for the Unborn Act’ (HB 126)
|
HB 126 |
Missouri |
Jan 9, 2019 |
Current-Partially Blocked |
Missouri Fetal Heartbeat Abortion Ban (SB 139)
|
SB 139 |
Missouri |
Jan 9, 2019 |
Failed to Pass |
South Carolina Fetal Heartbeat Protection from Abortion Act (S 32)
|
S 32 |
South Carolina |
Jan 8, 2019 |
Proposed |
Kentucky Fetal Heartbeat Abortion Ban (HB 100)
|
HB 100 |
Kentucky |
Jan 8, 2019 |
Failed to Pass |
South Carolina Fetal Heartbeat Protection from Abortion Act (H 3020)
|
H 3020 |
South Carolina |
Jan 8, 2019 |
Proposed |
Kentucky Fetal Heartbeat Abortion Ban (SB 9)
|
SB 9 |
Kentucky |
Jan 8, 2019 |
Blocked/Enjoined |
Florida Heartbeat Abortion Ban (HB 235)
|
HB 235 |
Florida |
Jan 10, 2019 |
Failed to Pass |
Mississippi Heartbeat Abortion Ban (SB 2116)
|
SB 2116 |
Mississippi |
Jan 11, 2019 |
Blocked/Enjoined |
Mississippi Heartbeat Abortion Ban (HB 529)
|
HB 529 |
Mississippi |
Jan 15, 2019 |
Failed to Pass |
Mississippi Heartbeat Abortion Ban (HB 732)
|
HB 732 |
Mississippi |
Jan 17, 2019 |
Failed to Pass |
Minnesota Fetal Heartbeat Abortion Ban (HF 271)
|
HF 271 |
Minnesota |
Jan 22, 2019 |
Proposed |
Tennessee Fetal Heartbeat Abortion Ban (HB 77)
|
HB 77 |
Tennessee |
Jan 23, 2019 |
Proposed |
Mississippi Heartbeat Abortion Ban (SB 2688)
|
SB 2688 |
Mississippi |
Jan 21, 2019 |
Failed to Pass |
Missouri Omnibus Abortion Bill (SB 279)
|
SB 279 |
Missouri |
Jan 22, 2019 |
Failed to Pass |
Florida Heartbeat Abortion Ban (SB 792)
|
SB 792 |
Florida |
Feb 6, 2019 |
Failed to Pass |
Tennessee Fetal Heartbeat Abortion Ban (SB 1236)
|
SB 1236 |
Tennessee |
Feb 7, 2019 |
Proposed |
Maryland Fetal Heartbeat Abortion Ban (HB 933)
|
HB 933 |
Maryland |
Feb 8, 2019 |
Failed to Pass |
Maryland ‘Keep Our Hearts Beating Act’ (HB 978)
|
HB 978 |
Maryland |
Feb 8, 2019 |
Failed to Pass |
Maryland Fetal Heartbeat Protection Act (HB 1195)
|
HB 1195 |
Maryland |
Feb 8, 2019 |
Failed to Pass |
Texas Fetal Heartbeat Abortion Ban (HB 1500)
|
HB 1500 |
Texas |
Feb 7, 2019 |
Failed to Pass |
West Virginia Fetal Heartbeat Act (HB 2903)
|
HB 2903 |
West Virginia |
Feb 7, 2019 |
Failed to Pass |
West Virginia Heartbeat Abortion Ban and Fetal Tissue Transfer Ban (HB 2915)
|
HB 2915 |
West Virginia |
Feb 8, 2019 |
Failed to Pass |
New York Fetal Heartbeat Abortion Ban (A 5389)
|
A 5389 |
New York |
Feb 11, 2019 |
Proposed |
Ohio Fetal Heartbeat Abortion Ban (SB 23)
|
SB 23 |
Ohio |
Feb 12, 2019 |
Blocked/Enjoined |
Ohio Fetal Heartbeat Abortion Ban (HB 68)
|
HB 680 |
Ohio |
Feb 12, 2019 |
Proposed |
Illinois Bill Redefining ‘Viability’ to Include the Existence of a Fetal Heartbeat (HB 2462)
|
HB 2462 |
Illinois |
Feb 13, 2019 |
Proposed |
Missouri Heartbeat Abortion Ban (HB 870)
|
HB 870 |
Missouri |
Feb 7, 2019 |
Failed to Pass |
Missouri Fetal Heartbeat Abortion Ban (HB 964)
|
HB 964 |
Missouri |
Feb 18, 2019 |
Failed to Pass |
Georgia ‘Living Infants Fairness and Equality (LIFE) Act’ (HB 481)
|
HB 481 |
Georgia |
Feb 25, 2019 |
Signed into Law |
Minnesota Fetal Heartbeat Abortion Ban (SF 869)
|
SF 869 |
Minnesota |
Feb 7, 2019 |
Proposed |
Georgia ‘Living Infants Fairness and Equality (LIFE) Act’ (SB 218)
|
SB 218 |
Georgia |
Feb 27, 2019 |
Proposed |
Louisiana Fetal Heartbeat Abortion Ban (SB 184)
|
SB 184 |
Louisiana |
Mar 27, 2019 |
Signed into Law |
Minnesota Fetal Heartbeat Abortion Ban (HF 2101)
|
HF 2101 |
Minnesota |
Mar 7, 2019 |
Proposed |
Minnesota Fetal Heartbeat Abortion Ban (SF 2245)
|
SF 2245 |
Minnesota |
Mar 11, 2019 |
Proposed |
Maryland ‘Keep Our Hearts Beating Act’ (SB 1008)
|
SB 1008 |
Maryland |
Feb 25, 2019 |
Failed to Pass |
Michigan Bill Requiring Fetal Heartbeat Determination Prior to an Abortion (SB 327)
|
SB 327 |
Michigan |
May 16, 2019 |
Proposed |
Michigan ‘Fetal Heartbeat Protection Act’ (HB 4664)
|
HB 4664 |
Michigan |
May 23, 2019 |
Proposed |
Michigan Sentencing Guidelines for ‘Fetal Heartbeat Protection Act’ (HB 4665)
|
HB 4655 |
Michigan |
May 23, 2019 |
Proposed |
West Virginia ‘Fetal Heartbeat Act’ (SB 606)
|
SB 606 |
West Virginia |
Feb 14, 2019 |
Failed to Pass |
Illinois Bill Repealing the ‘Reproductive Health Act’ (HB 3850)
|
HB 3850 |
Illinois |
Jun 27, 2019 |
Proposed |
Michigan ‘Fetal Heartbeat Protection Act’ (SB 357)
|
SB 357 |
Michigan |
Jun 5, 2019 |
Proposed |
Michigan Sentencing Guidelines for ‘Fetal Heartbeat Protection Act’ (SB 358)
|
SB 358 |
Michigan |
Jun 5, 2019 |
Proposed |
Heartbeat Protection Act of 2019 (H.R. 490)
|
H.R. 490 |
Federal |
Jan 11, 2019 |
Proposed |
Every New Heart Deserves a Chance Act of 2019 (H.R. 3985)
|
H.R. 3985 |
Federal |
Jul 25, 2019 |
Proposed |
Alaska Heartbeat Ban (HB 302)
|
HB 302 |
Alaska |
Feb 24, 2020 |
Proposed |
Florida ‘Preborn Intrauterine Heartbeat Act’ Bill (HB 271)
|
HB 271 |
Florida |
Jan 14, 2020 |
Failed to Pass |