Summary
We supported Roe v. Wade (1973) and Planned Parenthood v. Casey (1992). Now that these decisions have been overturned, we support national or state legislation establishing the same rights that were embodied in these decisions.
This legislation would:
- Make abortion legal in early pregnancy
- Restrict abortion in late pregnancy (with some exceptions)
- Provide no taxpayer funding
- Expand contraception and pregnancy prevention
This approach seeks to balance individual liberty with widely shared concerns about later-stage abortions, while reducing the overall number of abortions through prevention and access to contraception.
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Background
The Right to Choose
Recognizing that abortion is a polarizing issue, we hope to reach a compromise position and provide a stable, long-term resolution, even if imperfect.
The right of adult women to have an abortion in the first and most of the second trimester was the law of the land based on the Supreme Court’s Roe v. Wade decision and subsequent clarification in Planned Parenthood v. Casey. We supported those decisions, as settled law, despite disagreeing with the constitutional theory on which they were based. We now support establishing those same rights through national or state legislation.
Public Funding of Abortions
We do not, however, believe that this right entails an obligation for federal, state, or local governments to subsidize abortion procedures and we oppose efforts to use tax dollars at all levels to do so. We support including contraception in the definition of minimally acceptable health care coverage for the Affordable Care Act (ACA) in order to reduce the frequency of abortions. We would, in general, support candidates who support legislation similar to Roe v. Wade and Planned Parenthood v. Casey, oppose public funding of abortions, and support public subsidies for contraception through the ACA.
The Rights of Minors
We do not believe that this right should extend to minors without some form of parental involvement. These issues were addressed in Planned Parenthood v. Casey and we support the limitations on the rights of minors to an abortion spelled out in that decision. Planned Parenthood v. Casey supported the right of the state of Pennsylvania to require minors to obtain parental consent for an abortion. The Pennsylvania law in question provided a mechanism for courts to waive this requirement under certain circumstances.
Legislative Resolution
There appears to be broad agreement that abortion should be legal in early pregnancy, with increasing division as pregnancy progresses. There is also substantial agreement that late-term abortions should be restricted, except in cases involving serious risks to the woman’s health or severe fetal anomalies.
We therefore support national legislation that guarantees an unrestricted right to abortion during the first and second trimesters, provided that it also bans third trimester abortions (27 weeks and beyond), subject to exceptions for the health of the pregnant woman and severe fetal anomalies. The intent is that this legislation would supersede all state legislation on the issue.
Constitutional Issues with Federal Legislation and Possible Pathways
The Supreme Court may ultimately limit Congress’s ability to regulate abortion directly. However, Congress may still be able to expand access indirectly through its authority over interstate commerce—for example, by protecting telehealth services across state lines or access to medication by mail. Since, as of 2026, a large majority of abortions are induced through medications, these methods would make access to abortion available nationally for most women.
It might also pass a law prohibiting states from restricting interstate travel to obtain an abortion prior to the third trimester or prohibit interstate travel to obtain one during the third trimester, other than for the exceptions noted above. As of early 2026, abortion rights are protected, to some degree, in 25 states and the District of Columbia.
None of these approaches are as straightforward as the policy statement above, but the intent would be to accomplish the same objective within constitutional limits.
State Legislation and Constitutional Amendments
Our position on state legislation, in the absence of federal legislation, would be similar to the federal proposal. As noted above, abortion rights are now protected, by legislation or state constitutions, in 25 states and the District of Columbia.
Support for Programs Designed to Discourage Abortions
Although we supported Roe v. Wade, which prohibited using the coercive power of the state to ban abortions during the first two trimesters, we recognize the legitimate ethical concerns of those who oppose abortion. Because of this, we believe that governments at all levels should take actions to reduce the incidence of abortion, by reducing teenage pregnancy, subsidizing prenatal medical care and contraception, and to facilitate adoption. Progress on this front has been encouraging. Teenage pregnancy fell in 2025, by 7% annually, reaching historically low levels.
Legal Rights for the Fetus
We oppose legislation designed to grant legal rights to the fetus. These laws are problematic from any number of points of view, including their effects on contraception and fertility treatments.
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