Birth Control and Abortion

Birth Control and Abortion

Since the Supreme Court Dobbs v. Jackson decision that overturned Roe v. Wade, the subject of the government’s role in abortion has been foreground in the public discourse. The Supreme Court effectively pushed the decision about abortion to the states, generating widespread debate. 

Numerous states have passed laws making abortion illegal at any point in the pregnancy, or reinstating such laws that were in place before the Roe v Wade decision. On the other hand, the voters of the relatively conservative states of Kansas, Kentucky and Montana rejected ballot initiatives which would have either prohibited abortion from being considered a right under their state constitution, or made most abortions a crime.

In the upcoming election, 11 states have abortion-related measures on the ballots, most of which would establish abortion – at least up until fetal viability – as a right which the state can not criminalize.

Reducing the number of abortions through means other than criminalization have been subjects of public debate for decades, including increasing the use of birth control or putting up more requirements to getting an abortion. Such policies have largely been crafted and implemented on the state level, with more liberal states preferring the birth control route and more conservative states preferring the abortion regulations route.

Reducing Unintended Pregnancies

Survey: PPC, July 2024

Respondents evaluated a series of current or possible government efforts for reducing unintended pregnancies, and ultimately the number of abortions, that do not entail criminalization. Respondents were provided a briefing on unintended pregnancies, as follows:

As you likely know, many abortions are performed because the woman did not intend to become pregnant. More than 4 in 10 pregnancies are unintended. Two ways that the government currently tries to reduce the number of unintended pregnancies are:

  • Teaching sex education in schools, which include information about birth control
  • Helping people to get birth control by making it easier to get and more affordable 

They were also briefed on access to long-term birth control:

Another way that the government could reduce unintended pregnancies, and ultimately abortions, would be by making it more possible for women to get long-term birth control. Long-term birth control refers to methods that require a prescription, such as the pill, implants and intra-uterine devices or IUDs.

Currently, the government makes it more possible for women to get long-term birth control by requiring that it be covered by most private insurance and all state-run public health insurance programs (including Medicaid).  There are exemptions for nonprofits, religious organizations, and closely-held companies led by people morally opposed to birth control.

Even though birth control must be covered by most private insurance, as well as public insurance (e.g. Medicaid), birth control can still be difficult to afford for some women:

  • Around 7.5 million women of reproductive age (15-44) do not have insurance.
  • Many insurance companies limit their coverage of birth control pills to certain types.  For each type some women get negative side effects, thus they are effectively excluded from coverage.

Thus, some state governments have tried to help some of these women get access to birth control by providing funds to health care clinics so they can provide long-term birth control for free or at a low cost. 

Survey: PPC, July 2024

The proposal for "the government to require that public schools provide education to students about birth control," was favored by a very large bipartisan majority of 80%,  including 75% of Republicans and 87% of Democrats.

Demographics

More Details:

Briefing

Respondents were presented the following information about birth control education:

First, let’s look at education about birth control as a means for reducing unintended pregnancies and ultimately abortions.  

Currently, about 40% of public school students do not receive sex education programs that teach about birth control.

Research on the effect of sex education programs has found that programs that include information about birth control are effective in reducing unintended teen pregnancies. These effects tend to decline after a couple years though.

They were told that one proposal is to “require all sex education programs in public schools to include information about birth control.”

Arguments

Respondents evaluated two pairs of pro and con arguments. The arguments in favor were found convincing by 77-87%, including very large majorities of Republicans and Democrats. The arguments against were found convincing by less than half overall, including just around a third of Democrats, and less than half of Republicans.

Final Recommendation

Asked for their final recommendation, a very large bipartisan majority (80%) favored the government requiring that public schools provide education to students about birth control, including 75% of Republicans and 87% of Democrats.

Demographics
Results from 2022 survey
The same question was asked in 2022. Levels of support since then have not changed in any statistically significant way:

  • 2022: 78%, Republicans 71%, Democrats 86%
  • 2024: 80%, Republicans 75%, Democrats 87%

Results in Six Swing States
The survey was also fielded in six swing states (AZ, GA, MI, NV, PA and WI). Overall support in those states for ranged from 80 to 84%, including majorities of Republicans (74% to 80%) and Democrats (86% to 93%)

Survey: PPC, July 2024

The proposal to "ensure that everyone has legal access to birth control, by prohibiting state governments from restricting or banning access to birth control," was favored by a bipartisan majority of 81%, including 74% of Republicans and 90% of Democrats.
Demographics

More Details

Briefing

Respondents were informed about the history of laws regulating access to birth control:

As you may know, birth control used to be illegal for some women. Some states had laws that prohibited unmarried women from getting birth control, or married women from getting it without the permission of their husband.

In the 1960s and 70s the Supreme Court ruled that the government (federal or state) can not restrict or ban access to birth control.

Recently, a concern has arisen that those Supreme Court rulings may be overturned, and state governments will be allowed to pass laws that restrict or ban access to birth control. Legislators in some states have put forward proposals to do so.

They were introduced to a Congressional proposal “to ensure that everyone has legal access to birth control, by prohibiting state governments from restricting or banning access to birth control.”

Arguments

The argument in favor of this proposal was found convincing by an overwhelming bipartisan majority (85%, Republicans 79%, Democrats 91%). The argument against was found convincing by less than half across the board (39%, Republicans 48%, Democrats 32%).

Final Recommendation

Asked for their final recommendation, a bipartisan majority of 81% favored Congress passing a law prohibiting states from banning or restricting access to birth control (Republicans 74%, Democrats 90%).
Demographics
Results in Six Swing States
The survey was also fielded in six swing states (AZ, GA, MI, NV, PA and WI). Overall support in those states for ranged from 80% to 85%, including majorities of Republicans (71-81%) and Democrats (86-93%)

Related Standard Polls
Standard polling has found bipartisan majority support for all forms of birth control remaining legal:

  • Asked whether, “birth control should be legal or illegal,” a bipartisan majority of 82% said legal (Republicans 83%, Democrats 86%) (YouGov, May 2022)
  • Asked whether they favor “birth control” being legal in all cases, legal in most cases, illegal in most cases, or illegal in all cases, 77% chose legal in all cases and an additional 12% said legal in most cases. Majorities of Republicans and Democrats chose legal in all or most cases (91 and 93%, respectively). (FiveThirtyEight/Ipsos, July 2022, partisan breakouts)
  • Asked whether they favor “IUDs or intrauterine devices” being legal in all cases, legal in most cases, illegal in most cases, or illegal in all cases, 67% chose legal in all cases and an additional 14% said legal in most cases. Majorities of Republicans and Democrats chose legal in all or most cases (82 and 83%, respectively). (FiveThirtyEight/Ipsos, July 2022, partisan breakouts)

Status of Proposal
The proposal is in the Right to Contraception Act by Sen. Edward Markey (S. 4381) and Rep. Manning (H.R. 4121). It has not yet left committee.

The same bill was first introduced in 2022 by Rep. Manning (H.R. 8373) and Sen. Edward Markey (S. 4557). It passed the House, but was not able to overcome the filibuster in the Senate, and so was not considered for a vote.

Survey: PPC, July 2024

The proposal for "continuing to require that health insurance covers long-term birth control," is favored by a very large bipartisan majority of 85%, including 78% of Republicans and 94% of Democrats. 
Demographics

More Details

Briefing

Respondents were introduced to the topic, as follows:

As you may know, the federal government currently requires that private health insurance and state-run public health insurance (including Medicaid) cover all forms of long-term birth control such as the pill and IUDs.  For private health insurance there are exemptions for nonprofits, religious organizations, and closely-held companies led by people morally opposed to birth control.

Arguments

They evaluated competing arguments over, “whether the government should continue to require (with some religious and moral exemptions for some employers) that health insurance covers long-term birth control.”

The argument in favor was found convincing by a very large bipartisan majority (80%, Republicans 75%, Democrats 88%). The argument against was found convincing by less than half (43%), including just 34% of Democrats, but a majority of Republicans (54%).

Final Recommendation

Asked for their final recommendation, a very large bipartisan majority (78%) approved the requirement that health insurance cover long-term birth control, including 71% of Republicans and 88% of Democrats. 

Respondents who disapproved were then asked the reason for their disapproval:

  1. you DO NOT support the government requiring insurance to cover birth control
  2. you DO support the government requiring insurance to cover birth control, but you do not want there to be religious or moral exemptions for some employers
  3. some other reason

Combining those who initially approved with those who only disapproved because they do not want the requirement to have religious or moral exemptions, support rises to 85%, including 78% of Republicans and 94% of Democrats. 
Demographics
Results from 2022 Survey
The same question asked in 2022. Levels of support since then have not changed in any statistically significant way:

  • 2022: 88%, Republicans 81%, Democrats 96%
  • 2024: 85%, Republicans 78%, Democrats 94%

Results in Six Swing States
The survey was also fielded in six swing states (AZ, GA, MI, NV, PA and WI). Majorities in every state approved of the requirement that health insurance cover long-term birth control (85-90%), including majorities of Republicans (76-87%) and Democrats (91-96%).

Related Standard Poll
In standard polls large majorities, driven primarily by Democrats, have supported the Affordable Care Act requirement that health insurance plans cover birth control. Among Republicans there is not majority support, but no more than half have been opposed:

  • Asked, “Should private health insurance plans be required to cover the cost of birth control,” a bipartisan majority of 65% said they should (Republicans 58%, Democrats 82%) (YouGov, May 2022)
  • Asked whether they favor, “requiring private health insurance plans to cover the full cost of birth control,” and given a neutral middle option, 62% were in favor, including 77% of Democrats and 64% of independents. Among Republicans, 41% favored, 25% neither favored nor opposed and 33% opposed. (AP-NORC, April 2019)
  • Told that, “with the exception of certain religious objections, employers are now required to cover the cost of preventive services including prescription birth control in their health plans,” respondents were asked if they support, “the health care law's requirement that private health insurance plans cover the full cost of birth control.” Overall 71% supported (party breakouts unavailable). (Kaiser Family Foundation, April 2017)
  • Asked whether they support, “requiring employers to provide employees with health care plans that cover contraception or birth control at no cost,” 67% were in support, including 84% of Democrats and 67% of independents. Republicans were divided, with 48% in support and 50% opposed. (PRRI, February 2017)
  • Told that they would be evaluating, “some elements of the 2010 health care law, known as Obamacare, respondents were asked if they favor including in a health care law, “requiring private health insurance plans to cover the full cost of birth control.” Overall, 65% were in support. Partisan breakouts were not provided. (AP-NORC, January 2017)

Survey: PPC, July 2024

The proposal for, "the government to increase the amount of funding to health care clinics so they can provide long-term birth control for free or at low cost," is favored by a very large bipartisan majority of 76%, including 64% of Republicans and 89% of Democrats.

Demographics

More Details

Briefing

Respondents were presented the following briefing:

As you may know, to increase access to birth control, some states provide funding to clinics to provide long-term birth control. However, the federal government estimates that over half of women who are in need of government-funded birth control – because they are low-income or uninsured – do not have access to it.

They were then told there is a proposal to, “Increasing the amount of funding to health care clinics so they can provide long-term birth control for free or at low cost.”

Arguments

The argument in favor was found convincing by a large bipartisan majority (78%, Republicans 68%, Democrats 88%). The argument against was found convincing by less than half (41%), including just 31% of Democrats, but a small majority of Republicans (52%).

Final Recommendation

Asked for their final recommendation, a very large bipartisan majority (76%) were in favor of increasing subsidies for birth control, including 64% of Republicans and 89% of Democrats.

Demographics


Results in Six Swing States
The survey was also fielded in six swing states (AZ, GA, MI, NV, PA and WI). Majorities in every state support increasing funding for health care clinics so they can offer birth control for free or at a low cost (78-80%), including majorities of Republicans (66-71%) and Democrats (88-93%).

Results from 2022 Survey
The same survey was conducted in 2022. Levels of support since then have not changed in any statistically significant way:

  • 2022: 78%, Republicans 69%, Democrats 87%
  • 2024: 76%, Republicans 64%, Democrats 89%

Related Standard Polls
Large bipartisan majorities have supported the government subsidizing birth control for low-income women:

  • Asked whether they support, “expanding access to birth control for people who cannot afford it,” a bipartisan majority of 74% were in support (Republicans 69%, Democrats 87%) (YouGov, May 2022)
  • Asked how important it is that, “the federal government provides funding for reproductive health services, such as family planning and birth control for lower-income women,” (and given the option to say that it “should not be done”) 76% said it was very (60%) or somewhat (16%) important, including 93% of Democrats, 80% of independents and 52% of Republicans. Just 22% said it was not too important (8%) or should not be done (14%). (Kaiser Family Foundation, April 2019)

Asked the same question two years earlier, 73% said it was important (Democrats 94%, independents 82%, Republicans 63%). (Kaiser Family Foundation, March 2017)


Criminalizing Abortion

Survey: PPC, July 2024

Respondents were first introduced to the possibility of the government criminalizing abortion, as follows:

Another way for the government to try to reduce the number of abortions is to make it a serious crime, which means: 

  • punishing a doctor who provides an abortion, either surgically or by providing pills   - or -
  • punishing a woman who has an abortion   

with prison time and/or a major fine.  Doctors could also lose their license. 

Respondents were then presented a briefing on Supreme Court rulings regarding abortion, as follows:

 As you may know, in 1973 the Supreme Court made a ruling on abortion in a case known as Roe v. Wade and then clarified in another decision called Casey v. Planned Parenthood.

These rulings said that a woman has a right to get an abortion up to the time that the fetus is viable–meaning that the fetus could survive independent of the mother.  Whether or not a fetus is viable was to be determined by the woman’s doctor. At the time Roe was decided, viability was generally considered to be around 28 weeks (on average, pregnancies last about 39 weeks).  Due to medical advances, viability now occurs at 22-24 weeks. Nearly all abortions occur before this period.

States could then decide what limits to place after that period. Nearly all states had laws that made abortion illegal after the fetus was viable. 

The 1973 Supreme Court ruling also stated that, even after a fetus is determined to be viable, abortions cannot be banned when a doctor determines it is necessary to preserve the life or health of the woman.  Around one percent of abortions occur after the fetus is viable.

After the 1973 decision, the rate of abortions increased. Then in the 1980s the rate of abortions started to go down and has continued to decrease, going even lower than it was before 1973. 

Still, at current rates, it is estimated that around one in four women will have an abortion in their lifetime.

They were then told about the controversy surrounding the Roe v Wade decision and what the recent overruling in Dobbs v Jackson means, as follows:

As you probably know, the abortion rulings were very controversial. Over the last few decades there have been several lawsuits attempting to overturn those rulings, but none were successful. But this year, a lawsuit (known as Dobbs v. Jackson) was successful in getting the Supreme Court to overturn their previous abortion rulings. This means that it is now up to legislatures in the states, or Congress itself, to decide what the laws about abortion should be.

This has generated much debate in many states about what their abortion laws should be. Several states now have laws that make abortion a crime at any stage in pregnancy, while other states continue to allow abortion up until the fetus is viable. 

There has also been debate about whether there should be exceptions to any laws restricting access to abortion, such as if the life of the woman is at risk. We will come back to that question later.

Survey: PPC, July 2024

Respondents evaluated arguments for and against:

  • Whether to make abortion a serious crime, that comes with prison time or fines for the doctor and/or woman
  • Whether to make abortion a crime only after fetal viability, at all stages of pregnancy, or not at all
  • Whether to punish the doctor or the woman

Criminalizing Abortion

Respondents evaluated four pairs of arguments for and against the government criminalizing abortion:

The first argument in favor of criminalizing abortion, which proclaimed that abortion is murder and should be treated as such, was found convincing by less than half (45%), including a majority of Republicans (61%), but less than half of Democrats (33%). The first argument against, which countered that the government should stay out of it and not force a woman to give birth under threat of imprisonment, was found convincing by a large bipartisan majority (69%, Republicans 58%, Democrats 80%).

The second argument in favor emphasized that the government frequently steps in to reduce harm and that abortion is a harm to the unborn baby. This was found convincing by just half (50%), including a majority of Republicans (64%), but less than half of Democrats (39%). The second argument against countered that there are more humane and effective ways to reduce abortion besides criminalization, and was found convincing by a large bipartisan majority (75%, Republicans 67%, Democrats 85%).

The third argument in favor responded to the previous one by asserting that we can have both family planning policies and abortion restrictions, and was found convincing by a majority of 54%, including a majority of Republicans (65%), but less than half of Democrats (45%). The third argument against underscored that criminalization has never worked to eliminate abortions, and was found convincing by a large bipartisan majority (68%, Republicans 61%, Democrats 77%).

The final argument in favor responded to the previous one by proclaiming that our laws are never going to be perfect, but are meant to be a signal of our morals, and was found convincing by just under half (48%), including a majority of Republicans (62%), but less than half of Democrats (37%). The final argument against asserted that bodily autonomy is fundamental to all other freedoms, and was found convincing by a very large bipartisan majority (68%, Republicans 55%, Democrats 81%).

Criminalizing Abortion: Only After Viability, At All Stages, or Not At All

Respondents were introduced to the debate about whether abortion should only be criminalized after fetal viability, as follows:

Another debate is about the possibility of criminalizing abortions, but only when the fetus is viable (meaning they could survive outside the womb).  This would be consistent with the earlier Supreme Court decisions that made abortion a right before the fetus is viable.

The argument that abortion should be legal up until viability, and criminalized afterwards, was found convincing by a large bipartisan majority (64%, Republicans 62%, Democrats 67%).

The argument that abortions should be illegal at all stages of the pregnancy, not just after viability, was found convincing by less than half (43%), including just 32% of Democrats, but a majority of Republicans (56%).

The argument that abortions should not be criminalized at all was found convincing by a majority of 62%, including a majority of Democrats (74%), and half of Republicans (50%).

Punishing the Doctor or the Woman

Naturally a key question is, if abortion is made a serious crime who should be punished in the event that an abortion is done.Respondents evaluated arguments for and against, punishing the doctor and/or the woman.

The first set of arguments were about punishing the doctor who performs the abortion. The argument in favor was found convincing by less than half (41%), including just 31% of Democrats, but a majority of Republicans (54%). The argument against was found convincing by a very large bipartisan majority (71%, Republicans 59%, Democrats 83%)

The next set of arguments were about punishing the woman who gets the abortion. The argument  in favor was found convincing by less than half (45%), including just 35% of Democrats, but a majority of Republicans (58%). The argument against was found convincing by a very large bipartisan majority (70%, Republicans 59%, Democrats 81%).


Do not make abortion a crime, at any stage of pregnancy

Survey: PPC, July 2024

Respondents were asked, "whether abortion should be a serious crime and if so under what circumstances." They had been informed that making abortion a serious crime means punishing the doctor and/or the woman with prison time or fines.

A large bipartisan majority of 77% did not want to make abortion a crime before fetal viability -- choosing to not make abortion a crime, or make it a crime only after fetal viability -- including 61% of Republicans and 90% of Democrats.

Not making abortion a crime at all was supported by a majority of 66%, including 50% of Republicans and a very large majority of Democrats (81%).

Demographics

More Details

Respondents were told how they would be making their final recommendations on criminalizing abortion, as follows:

Now that you have considered the various options, we would like you to make your final recommendations on whether abortion should be a serious crime and if so under what circumstances. 

If you do choose to make abortion a crime, you will then be given the chance to choose whether the law should punish the doctor and/or the woman; and whether there should be exceptions to that law.

Respondents were then asked which of the following options they favor the most:

  • Do not make abortion a crime
  • Make abortion a serious crime after the fetus is viable (meaning it can very likely survive outside of the womb), with the punishment including prison time and/or major fines
  • Make abortion a serious crime after 15 weeks with the punishment including prison time and/or major fines
  • Make abortion a serious crime at any point during the pregnancy, with the punishment including prison time and/or major fines

The most popular position was not making abortion a crime at all, which was favored by 66% overall, including 81% of Democrats and 63% of independents. Among Republicans, 50% chose that option and 65% found it at least tolerable (5-10 on an eleven-point scale measuring acceptability).

Another 11% favored making abortion a crime only after fetal viability (Republicans 11%, Democrats 9%, independents 16%). Another 12% chose to make it a crime after 15 weeks (Republicans 19%, Democrats 5%, independents 11%).

Making abortion a serious crime at any point during the pregnancy was chosen by just 11%, including 19% of Republicans, 5% of Democrats and 9% of independents.

Combining those who do not want to make abortion a crime at all with those who want to make abortion a crime only after fetal viability, a large bipartisan majority of 77% did not want to make abortion a crime before viability (Republicans 61%, Democrats 90%, independents 78%).

Demographics

Results in Six Swing States
The 2024 survey was also fielded in six swing states (AZ, GA, MI, NV, PA and WI). Making abortion a crime only after fetal viability is supported by majorities in every swing state (73-80%), including majorities of Republicans (57-70%) and Democrats (83-93%).

Smaller but still robust majorities in the six swing states go further and oppose criminalizing abortion at any stage of pregnancy (61-70%), including majorities of Democrats (73-85%) and small majorities of Republicans in Arizona, Michigan and Nevada (52-55%). Among Republicans in Georgia, Pennsylvania and Wisconsin, it is less than half (41-48%).

Results from 2022 Survey
The same question was asked in 2022. Since then, the percent who do not want abortion to be criminalized at any stage during the pregnancy has increased by seven points, with increases among both Democrats (by ten points) and Republicans (by six points):

  • 2022: 59%, Republicans 44%, Democrats 71%
  • 2024: 66%, Republicans 50%, Democrats 81%

The total percent who do not want abortion to be criminalized before fetal viability has increased by five points overall, driven mostly by an eight-point increase among Democrats:

  • 2022: 72%, Republicans 60%, Democrats 82%
  • 2024: 77%, Republicans 61%, Democrats 90%

2022 Views in States With Abortion Bans 
A separate analysis was conducted of respondents in the 2022 survey who live in the 15 states that have criminalized abortion at all stages of pregnancy, and are currently enforcing that law: AL, AK, ID, IN, IO, KY, LA, MS, MO, ND, OK, SD, TX, UT and WV.

Among such respondents, just 17% chose to make abortion a crime at all stages of pregnancy, just four percentage points higher than those in states without total abortion bans (13%).

The majority in such states, instead, did not want criminalizing before viability (81%); and a slight majority did not want to make abortion a crime at all (52%).

The sample of respondents from Texas was large enough (n=233) that it could be analyzed separately. Texas voters overwhelmingly did want abortion to be criminalized before viability (84%), and 47% favored going further and not making abortion a crime at all.

Related Standard Polls
Standard polls can evoke what appear to be substantially different responses to the question of what role the government should play in relation to abortion.  Looking more closely at the wording of the questions, though, it becomes clearer why there are these variations.  

Questions about abortion elicit two key responses: how the respondent feels about abortion per se and how they feel about the government criminalizing abortion.  As we have seen in this survey when presented the option of criminalizing abortion and making it clear that this means punishing the doctor or the woman, the overall majority is opposed, and a bipartisan majority is opposed to criminalizing before fetal viability.  

This is consistent with other poll questions that explicitly state the actual policy consequences of making abortion illegal – prison time or fines for doctors or women.  In this case support for making abortion a crime is less than half, overall and among both Democrats and Republicans:

  • Asked whether they support or oppose, “a law that makes it a crime requiring fines and/or prison time for doctors who perform abortion,” just 21% were in support, including just 5% of Democrats and under half of Republicans (43%). (NPR/PBS NewsHour/Marist May 2022)
  • Asked whether they support or oppose laws, “making it a crime for doctors to perform abortions that would result in either fines or prison time,” just 26% were in support, including just 13% of Democrats and less than half of Republicans (47%). (Kaiser Family Foundation June 2022)
  • Asked, in the same KFF poll, the same question about making it a crime for women to get abortions, just 20% were in support, including just 9% of Democrats and less than four-in-ten Republicans (36%).

Similarly, support for laws that protect doctors who perform abortions from criminal punishment has bipartisan support:

  • Asked whether they support, "Protecting doctors who perform abortions from fines or prison time," a majority of 67% were in support, including 82% of Democrats and 53% of Republicans. (Kaiser Family Foundation, February 2024)

Even when respondents were asked to consider a situation in which the abortion that is provided is illegal, there is no majority in support of the woman getting prison time or paying a fine/doing community service (16% and 14%, respectively); nor is there support for the doctor facing such penalties (prison 25%, fine/community service 18%). The doctor losing their license is supported by less than a third (31%). (Pew, March 2022)

Other poll questions that do not make the implications of criminalization explicit have elicited very different responses. It appears that such questions elicit attitudes about the government effectively taking a normative position of actively permitting abortion. 

For example, an NPR/PBS/Marist poll in April 2023 asked whether abortion should be “allowed” which implies the government taking a position of effectively endorsing abortion.  In contrast to the large bipartisan majority that opposes criminalization before fetal viability in the PPC survey, just 34% in the NPR/PBS poll said it should be “allowed in the first six months” or available at any time.  

A similar dynamic applies to questions that ask about making abortion “legal,” again implying that the government is taking action to legalize, as opposed to taking action to criminalize. In an April 2024 Pew poll, only 25% said abortion should be “legal in all cases” – practically unchanged from the 27% they found all the way back in 1995. A May 2024 Gallup poll found 35% said abortion should be legal “under any circumstance," and a May 2022 Quinnipiac poll found only 37% favored making abortion legal in all cases. In a June 2022 FiveThirtyEight/Ipsos poll, just 31% favored making “medical abortions or abortion pills” legal in all cases, and just 26% favored making “surgical abortions” legal in all cases. Those numbers are far lower than the clear majorities who do not support making abortion a crime at all in the PPC and other surveys.

Questions that ask about “banning” abortions also elicit support for a stronger response than ones that ask about criminalization. A June 2022 YouGov/Economist poll asked “at what point in a pregnancy do you think abortions should be banned?” This framed the question not as one of whether the abortion should be criminalized, but over what period the respondent would prefer to have abortions not occur.  Respondents were nonetheless offered the option of saying that it should never be banned. Just 27% chose this option - much lower than the majority that opposes criminalization in PPC and other surveys. 

Status of Legislation
A proposal to require that abortion remain legal up until fetal viability – effectively codifying the Roe v. Wade ruling is in multiple bills in the 118th Congress:

None of these bills have made it out of committee.

Survey: PPC, July 2024

After choosing which abortion law they favor, respondents were asked whether they want their preferred abortion law to be

  • the law in your state, and other states can have their own abortion law, or
  • the federal law that would apply to all states

A bipartisan majority of 70% favored having a federal law (Republicans 56%, Democrats 82%).

Majorities supported a federal law irrespective of their preference for what the law should be. This includes the full range from those who want to criminalize all abortions to those who oppose any criminalization.

Demographics

Results in Six Swing States
The survey was also fielded in six swing states (AZ, GA, MI, NV, PA and WI). Majorities in every state favor having a federal law (64-73%), including majorities of Democrats (76-87%), and majorities of Republicans in five of the swing states (58-66%), but just under half in Nevada (48%).

Survey: PPC, September 2022

Asked whether, "states should or should not pass laws making it a serious crime and punishing residents who go to another state to get an abortion that would have been illegal in her state of residence,” a bipartisan majority of 62% said they should not be able to, including a small majority of Republicans (53%) and two thirds of Democrats (67%). Majorities in all types of Congressional districts took the same position, from very red districts (58%) to very blue (66%).

More Details

Briefing

Several elected officials in states where abortions have been totally banned, have proposed passing laws to make it a crime to get an abortion in another state. Respondents were introduced to this proposal as follows:

As you may know, if a woman wants to get an abortion but it is illegal in her own state, she can travel to another state where it is legal and get an abortion.

In some states where abortions have been made a serious crime, some people are proposing  laws making it a serious crime and punishing residents who go to another state to get to get an abortion that would have been illegal in her state of residence.

Because it is not yet clear if such a law would be constitutional, and because many respondents live in states without total abortion bans, respondents were asked “whether states should or should not be able to make such laws,” rather than if they favor or oppose such a law.

Arguments

The argument in favor was found convincing by just under half (49%), including a majority of Republicans (57%), but less than half of Democrats (41%). The argument against was found convincing by a very large bipartisan majority (71%, Republicans 65%, Democrats 79%).Final Recommendation

Asked for their final recommendation about whether states should or should not be able to “pass laws making it a serious crime and punishing residents who go to another state to get an abortion that would have been illegal in her state of residence,” a bipartisan majority said they should not be able to (62%, Republicans 53%, Democrats 67%). Majorities in all types of Congressional districts concurred (very red 58%, very blue 66%).
There was a significant variation between women and men: a very large majority of women (70%) said that states should not be able to punish residents for getting abortions in other states, while just around half of men agreed (52%).