MN Codifies the ‘Fundamental Right’ to Abortion: All Your Questions Answered

Hold up… what does codify even mean?

By Jessy Rehmann with art by brooke lambrecht

Minnesota has taken a monumental step in protecting access to reproductive health care. 


On Jan. 31, 2023, Minnesota became the first state to codify the right to abortion since the overturning of Roe v. Wade last summer. Codification means that a piece of legislation is enacted and systematized into the collection of laws at the local, state, or federal level. This ensures that the laws of a government are clear, consistent, and not contradictory. 


By codifying the Protect Reproductive Options Act (PRO Act), the Minnesota Legislature guaranteed what the law states is “a fundamental right” to reproductive health care. This includes access to abortion, contraception, sterilization, maternity care, fertility services, and more.  

This decision, like anything in politics, may raise some questions. Since this new law affects all of us here in Minnesota, it’s important to understand what it means for our state. Here are the answers to some of the big questions you may have. 

What does codifying abortion access do? Whose rights are protected?

Codifying abortion rights in Minnesota makes the procedure legal and protected as statutory law. This means that the law is permanent and has strict language, which limits how courts can interpret it. The PRO Act also uses gender-inclusive language by stating that “every individual” can “make autonomous decisions” in regard to their reproductive health. As a result, every person in Minnesota has the right to abortion access. This applies to Minnesota residents as well as out-of-state residents. Therefore, this law cements Minnesota’s role as a safe haven by providing abortion access to people living in neighboring states with harsh restrictions. 

Why did MN codify abortion access if the procedure was already legal in the state?

Abortion access has been legal in the state since the 1995 Minnesota Supreme Court ruling of Doe v. Gomez, which ruled that the right to abortion was secured under the state’s constitution. However, since this was a judicial ruling and not an enacted piece of legislation, it ran the risk of being overturned in the future. The codification of the PRO Act, therefore, acts as a second shield to protect access to abortion. 

Are there any restrictions or gaps in this legislation for abortion access? 

While the wording in the PRO Act is pretty comprehensive and inclusive, it doesn’t address the abortion restrictions that are currently codified into Minnesota state law. Some of those restrictions include a 24-hour wait period to obtain an abortion, two-parent notification for minors seeking an abortion, the requirement that only physicians can perform abortions, and mandatory informed consent (a process that can include biased and unfounded information against abortions). A Ramsey County judge ruled these limits unconstitutional last summer, so they are not currently enforced. However, if these restrictions remain codified, a judge could overturn this ruling in the future and they would once again go into effect. Minnesota Democrats have been working to pass another bill that would remove these conditions from state law. At the time this article was written, the bill was on the agenda for discussion in the House. 

What does this codification mean for the future of our state?

As previously mentioned, the codification of the PRO Act further established Minnesota as a safe haven state; a place where people from states with abortion restrictions can legally obtain access to the procedure. After the reversal of Roe v. Wade, Planned Parenthood reported a 13% increase in patients from outside the North Central region traveling to these states to access safe abortion care. This rise in out-of-state patients could make it harder for Minnesota residents in metro areas to get abortion appointments at their local clinics. The Pew Charitable Trusts reported that clinics in the state’s northern regions, which are more remote and isolated, have not seen the same increase of non-Minnesotan patients as the state’s southern cities. Consequently, Twin Cities residents may need to travel farther to get access to timely abortion care. 

Even so, Minnesota’s role as a guardian of reproductive rights provides essential access for people who otherwise would not be able to get this care. The codification of the PRO Act sets a powerful example for other states as the nation continues to navigate abortion access post-Roe v. Wade. This legislation is just the first step in granting safe, legal, and timely abortions equitably to people in Minnesota and across the United States.

Sources:

Wake Mag