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Abortion in Hawaii

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Abortion in Hawaii

Abortion in Hawaii is legal. 66% of adults in Hawaii said in a 2014 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, 79% of people from Hawaii said that abortion should be legal in all or most cases. Hawaii began allowing abortion care de jure in 1970, the first state to do so. State law enacted at that time stated said, "the State shall not deny or interfere with a female's right to choose or obtain an abortion of a nonviable fetus or an abortion that is necessary to protect the life or health of the female."

The number of abortion clinics in the state has been declining for years. There were 15 hospitals that performed abortions in 1970, 51 clinics in 1982, 52 clinics in 1992, six in 2011, four in 2014, and three in 2017. In 2017, women in rural parts of the state had trouble accessing abortion services because of lack of clinics and costs to travel. There were 3,643 abortions in 1970, 2,147 in 2014 and 3,200 in 2017. Public funding existed for abortions for poor women using state Medicaid funding. People in Hawaii participated in the #StoptheBans movement in May 2019.

Many of the state's poor, rural women rely on Title X services that provide family planning assistance, including prenatal carry. Under Donald Trump, these dollars have been cut in Hawaii, leaving poor and rural women particularly vulnerable when it comes to the ability to access prenatal care.

In March 1970, not long before the Supreme Court made their decision in Roe v. Wade, Hawaii became the first state in the US to decriminalize abortion by removing all requirements to justify having the procedure done. It was required that the abortion be performed by a licensed physician at an accredited hospital, and there was a 90-day residency requirement in place at the time, but women were not required to provide a reason they were seeking an abortion Alaska and Washington also joined Hawaii in repealing abortion that year. In 1971, the state repealed its statute that said inducing an abortion was a criminal offense. State law in 1971 required that any woman getting a legal abortion in the state needed to be a resident for some specific period between 30 and 90 days.

As of May 14, 2019, the state prohibited abortions after the fetus was viable, generally some point between week 24 and 28. This period uses a standard defined by the US Supreme Court in 1973 with the Roe v. Wade ruling. As of May 2019, state law on abortion said, "the State shall not deny or interfere with a female's right to choose or obtain an abortion of a nonviable fetus or an abortion that is necessary to protect the life or health of the female."

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. However, the Supreme Court overturned Roe v. Wade in Dobbs v. Jackson Women's Health Organization, No. 19-1392, 597 U.S. ___ (2022) later in 2022.

Abortions in 1970 were required to take place in a hospital.  They cost around US$350, and 57.5% of women used personal funds or loans to cover the cost of their abortion. In 1970, the first year that abortion was legal in the state, abortions were performed at fifteen hospitals. Between 1982 and 1992, the number of abortion clinics in the state increased by one, going from 51 in 1982 to 52 in 1992. In 2011, there were only six clinics in the state, partly a result of the lack of doctors more generally in the state. In 2014, there were four abortion clinics in the state. In 2014, 40% of the counties in the state did not have an abortion clinic. That year, 5% of women in the state aged 15–44 lived in a county without an abortion clinic. By 2017, there were only three clinics left.

In 2017, 28 facilities in Hawaii provided abortion care, with 4 of those facilities being clinics, including 2 Planned Parenthood clinics. Despite a demand on Kauai, an island of 67,000 people, there were no abortion clinics there in 2017. Of Hawaii's eight major islands, only two islands have abortion clinics.

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