Poll: Americans Are Largely Confused About the Legality of Abortion and Emergency Contraceptive Pills
The latest Kaiser Family Foundation (KFF) Health Tracking Poll revealed there is widespread public confusion about the legality of medication abortion drugs and emergency contraceptive pills. The U.S. Supreme Court’s decision to overturn Roe v. Wade—eliminating the constitutional right to abortion— happened more than six months ago, but Americans are still confused about what is legal in their state and how emergency contraceptive pills work.
Nearly half (45%) of adults aren’t sure if a medication abortion is legal in their state, including 41% of women ages 18 to 49. Furthermore, just 40% of adults living in states with full abortion bans are aware that medication abortion is also illegal in their state, with another 47% unsure if it’s legal or not.
Most adults have heard of emergency contraceptives, widely known as “the morning-after pill” or “Plan B,” and 62% of those who have heard of it know that the pills differ from the medication used for abortion. Emergency contraceptives can prevent pregnancy by delaying ovulation—not ending a pregnancy. Although emergency contraceptives are legal in all states, 32% of adults say they were “unsure” if emergency contraceptive pills are legal in their state.
On Jan. 3, the U.S. Food and Drug Administration (FDA) approved allowing certified pharmacies to dispense mifepristone, the medication abortion drug, directly to patients with a prescription. Previously, the pills could only be dispensed by a certified health care provider and were not available through retail pharmacies. Most adults (73%) have not heard about the FDA’s decision, including most women under 50.
At this time, most abortions are banned in 13 states as laws restrict the procedure, but fights over abortion access continue. This developing issue makes it difficult for Americans to understand what is legal and illegal in their states.
Takeaway
There are still many unresolved legal questions in the wake of the Supreme Court’s latest decision. The situation is rapidly evolving at the state level, validating the KFF’s poll’s findings about public confusion regarding reproductive health care services and contraception. The poll uncovered that the most confusion is happening in states where abortions are currently banned.
Employers should continue to monitor this situation closely. If they have concerns, they should speak with legal counsel to understand how the rulings impact their organizations and employees.
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