Abortion Laws and Protections for Residents, Visitors, and Providers
New York Attorney General Letitia James today reminded law enforcement throughout New York state: Abortion rights are protected in New York. In a letter sent to New York state law enforcement including district attorneys, county sheriffs, local police departments, and others, Attorney General James reminded agencies about New York’s robust abortion rights laws which include protections for residents, visitors, and providers. The letter also included answers to frequently asked questions to ensure all law enforcement personnel in New York state understand that abortion rights are protected and have guidance on how to enforce those laws.
“As abortion rights are rolled back and banned in other states, it is important for everyone to know that New York is, and will continue to be, a safe haven for abortion access,” said Attorney General James. “Everyone must understand the facts surrounding New York’s abortion access and privacy protections, especially as other states are attempting to punish people who provide or obtain abortion care. I will always fiercely defend reproductive justice and freedom of choice in New York.”
Following the Dobbs v. Jackson Women's Health Organization decision by the U.S. Supreme Court to overturn the Roe v. Wade ruling that protected abortion rights nationwide, a patchwork of laws in different states, including some banning abortion completely, has led to confusion among patients, providers, and law enforcement. The letter from Attorney General James provides clear answers and information about abortion rights and protections in New York state, and offers help and guidance to state and local law enforcement officials.
Attorney General James noted that the recently passed laws continue New York’s leadership in guaranteeing safety, security, and privacy for anyone seeking or providing lawful abortions. Attorney General James also informed her colleagues that the recently passed state laws ensure New York officials cannot help other states that attempt to penalize people for obtaining or providing lawful abortion care in New York. Additionally, she urged her colleagues in law enforcement to familiarize themselves with local reproductive health service providers, help address their safety needs, and offer any necessary support to ensure there is no unlawful interference with reproductive health services. Attorney General James also encouraged law enforcement personnel to promptly report incidents of interference by contacting the Office of the Attorney General’s Civil Rights Bureau at (212) 416-8250 and civil.rights@ag.ny.gov.
“The American College of Obstetricians and Gynecologists (ACOG) District II, representing ob-gyns and other medical professionals delivering obstetric and gynecologic care in New York, applauds Attorney General James for her guidance letter to law enforcement that outlines protections for abortion care delivered in our state,” said Christine Herde, MD, FACOG, Chair, ACOG District II. “The attacks across the country necessitate bold and protective action in safe harbor states like New York for both patients and clinicians. By emphasizing New York will not help other states that seek to penalize people for obtaining or providing lawful abortion care in our state, this letter sends a strong message that New York recognizes abortion as essential health care and values the medical professionals who provide it.”
“Complete chaos has ensued since the Supreme Court's decision to overturn Roe v. Wade, resulting in a public health crisis that is only getting worse,” said Nancy Northup, President and CEO, Center for Reproductive Rights. “Abortion is already illegal in 12 states and that number will continue to grow as more states implement bans. Amid this uncertainty, we applaud the leadership of Attorney General James as a fierce advocate for the right to make one’s own health care decisions, not only for New Yorkers, but for people from every state. Her statements today — along with the state’s recent enactment of interstate shield laws protecting abortion providers, patients, and helpers — demonstrate with unequivocal clarity that people who travel to New York to exercise their right to abortion can do so without fear.”
“We are grateful to New York Attorney General James for reaffirming the state’s commitment to protecting access to abortion and ensuring that the state’s law enforcement bodies are reminded of New York laws and provided guidance to be able to carry them out effectively,” said Melissa Fowler, Chief Program Officer, National Abortion Federation (NAF). “Since the fall of Roe, clinics in New York — and other haven states — have seen an increase in patients from states with harmful abortion bans. Simultaneously, we have seen a steady rise in violence and harassment against providers from anti-abortion extremists who continue to be emboldened by the Supreme Court’s decision. It is critical at this moment for states like New York to remind their law enforcement officials that abortion is both legal and protected and that they must proactively uphold the law so that patients can seek care without fear of intimidation and abortion providers can operate without threats and violence.”
“In this moment, the country needs New York’s leadership. Half the states are moving with lightning speed to ban virtually all abortions, and access to care in many parts of the country is already a fiction,” said Donna Lieberman, Executive Director, New York Civil Liberties Union. “We applaud Attorney General James for doing everything she can to ensure that New York law enforcement know that abortion is a fundamental right, and that it is their duty to respect that right. Five decades ago, and three years before Roe, New York opened its doors to women from across the U.S. who needed abortion care, and we are called to do so once again. Women, young people, transgender, and gender non-conforming people are counting on us.”
“Now more than ever, it is critical that patients seeking abortion care, abortion providers, and law enforcement officials have a clear understanding of the privacy and safety protections New York state laws provide,” said Georgana Hanson, Interim President and CEO, Planned Parenthood Empire State Acts. “We are grateful for the Attorney General’s unwavering leadership in addressing this issue, and know this communication and partnership will ensure that laws designed to protect bodily autonomy and essential health care are upheld in New York, while making clear that interference with reproductive health services will not be tolerated. Patient privacy and safety is paramount, and addressing the safety needs of providers and clinics is critical to keeping access to abortion care a reality.”
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