RI Supreme Court Upholds State Law Protecting Abortion Rights

PROVIDENCE, RI — The Rhode Island Supreme Court upheld a law protecting abortion rights in the state Wednesday.

The state's Reproductive Privacy Act was signed into law by former Gov. Gina Raimondo in June 2019. The law protects a woman's right to an abortion in the state, including late-term abortions when necessary to preserve the health or life of the mother.

"The passage of the Reproductive Privacy Act and its continued viability ensures, during an uncertain national climate, that Rhode Island will not return to the days of illegal and unsafe abortions that put the lives of women in danger and created criminal liability for physicians," Attorney General Peter Neronha said in a statement.

The state Supreme Court's decision came two days after POLITICO published a draft Supreme Court decision that lays out a legal case to overturn two key abortion decisions: Roe v. Wade and Planned Parenthood v. Casey. Although only a draft, the document shows that the court is on the path toward rescinding abortion access, which would lead to it being outlawed in many states.

"I applaud today's decision by the Rhode Island Supreme Court to uphold the constitutionality of our state’s Reproductive Privacy Act at a critical moment as our country contemplates the future of reproductive freedom," Neronha said.

The court challenge to the Reproductive Privacy Act came in January 2022. It was brought forth by Catholics for Life and others, who argued it was unconstitutional to make a law confirming the right to an abortion.

"The case before us involves a monumentally controversial issue as reflected in a deep and enduring societal divide," Justice McKenna Goldberg wrote in a 27-page opinion. "This court appreciates the sensitive nature of the controversy surrounding the issue of the right to abortion, and we acknowledge the genuine concerns of the parties and amici in this case."

The decision also came a day after Gov. Dan McKee joined a coalition of 17 governors urging Congress to protect reproductive rights nationwide. In a letter to congressional leaders, the governors called for Congress to pass legislation to codify the rights and protections prescribed in Roe v. Wade.

"I trust women to make their own health care decisions in consultation with their health care provider," McKee said in a statement. "Here in Rhode Island, we stand firmly in defense of a woman's right to choose. We are grateful to have Roe v. Wade codified in state law, but Congress must take action on the federal level to protect the rights of all Americans to access reproductive health care."