Massachusetts lawmakers have approved legislation that would make one of the most significant changes to the state’s abortion laws since the fall of Roe v. Wade, paving the way for another high-profile battle over abortion policy in the United States.
The proposal has already drawn strong reactions from both abortion-rights advocates and pro-life organizations, each arguing the measure will have far-reaching consequences.
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The legislation now awaits the signature of Democratic Gov. Maura Healey, who has consistently supported expanding abortion protections during her time in office.
If signed into law, supporters say it will remove barriers to medically necessary care, while opponents argue it will dramatically expand access to abortion late in pregnancy.
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The Massachusetts Senate approved legislation Friday that would change the legal standard for abortions performed after 24 weeks of pregnancy by giving physicians broader discretion to determine when such procedures are appropriate.
Under current Massachusetts law, abortion is generally legal through the first 24 weeks of pregnancy.
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After that point, abortions are permitted only if a physician determines they are necessary to preserve the life or physical or mental health of the mother, or if there is a lethal fetal anomaly or a diagnosis indicating the fetus is unlikely to survive outside the womb.
The legislation approved by the Senate would remove those specific statutory conditions and instead allow abortions after 24 weeks “based on the professional judgment of the physician.”
Supporters of the bill argue the change is intended to ensure women experiencing serious pregnancy complications are not denied care because hospitals or physicians fear violating the current law.
State Rep. Christine Barber said some patients have already encountered that problem under the existing legal framework.
Barber cited one case in which a fetus suffered a stroke and was not expected to survive, but she said the patient was nevertheless turned away by hospitals because of uncertainty surrounding the law.
Supporters contend the legislation would provide physicians with greater flexibility to respond to complex medical situations without being limited by a list of specific statutory criteria.
Opponents, however, argue the measure removes important legal safeguards and could permit abortions much later in pregnancy than current law allows.
Myrna Maloney Flynn, president of Massachusetts Citizens for Life, criticized the legislation, saying it places greater emphasis on access than on patient safety.
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“While this legislation prioritizes access, it does not prioritize a woman’s safety,” Flynn said in a video urging lawmakers to reject the proposal.
Other national pro-life organizations also condemned the bill after its passage.
Kelsey Pritchard, communications director for Susan B. Anthony Pro-Life America, told The Center Square that the legislation would legalize “abortion on demand until birth, paid for by taxpayers.”
Pritchard also argued that the proposal would place Massachusetts among a small number of states and jurisdictions that allow abortion throughout pregnancy under broad legal standards.
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Abortion-rights supporters dispute that characterization, arguing that the legislation continues to require a physician’s professional medical judgment rather than allowing unrestricted abortions for any reason.
The proposal comes as states continue moving in sharply different directions following the U.S. Supreme Court’s 2022 decision overturning Roe v. Wade.
Since that ruling, numerous Republican-led states have enacted broad abortion bans or strict limitations, while several Democratic-controlled states have expanded legal protections for abortion providers and patients.
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Massachusetts has already enacted some of the nation’s strongest legal protections for abortion providers, including shield laws intended to protect physicians who prescribe abortion medication through telehealth to patients living in states where abortion is restricted.
Those protections have become the subject of ongoing legal disputes involving officials in states with stricter abortion laws, Center Square reported.
If Gov. Healey signs the legislation, Massachusetts will once again expand its abortion laws, adding another chapter to the continuing national debate over abortion policy as lawmakers, advocacy groups and courts across the country remain divided over where legal limits should be drawn.
This article may contain commentary which reflects the author’s opinion.
