Abortion-Homicide Bills Persist Despite Unpopularity

Proposed laws could have implications for abortion, fertility treatments, and contraception, concerning reproductive rights advocates

Mar. 20, 2026 at 4:05am

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Republican lawmakers in several states have introduced bills that would legally treat abortion as homicide. The proposed laws could impact not just pregnancy termination but also certain fertility treatments and some forms of contraception. Despite broad unpopularity, even within the mainstream anti-abortion movement, these measures continue to be introduced and debated in statehouses, concerning abortion-rights advocates who fear the U.S. Supreme Court might someday consider their constitutionality.

Why it matters

These abortion-homicide bills could exacerbate the consequences of existing state abortion bans, as patients and providers may avoid necessary health care out of fear of legal prosecution. Advocates worry the bills are meant to isolate and stigmatize those seeking or providing abortions, making it 'impossible for people to ask for help'.

The details

So far this year, Republican lawmakers in Illinois, Kentucky, South Dakota, and Tennessee have introduced legislation that would treat abortion as homicide. Most efforts have already fizzled, including a controversial Tennessee amendment that would have penalized women who have abortions, including those who leave the state. Several states already have some form of personhood language on the books, while others continue to consider it. Women have already been arrested and charged for crimes related to miscarriages and stillbirths, and for taking abortion pills.

  • In January, a woman from Campton, Kentucky, where abortion is banned throughout pregnancy, was arrested and charged with fetal homicide after taking abortion pills and burying the remains near her home.
  • Earlier this month in Georgia, where abortion is banned at around six weeks gestation, police charged a woman with attempted murder after she delivered a severely premature baby who died shortly after birth.

The players

Madeline Gomez

Managing senior policy counsel at Planned Parenthood Federation of America.

Jason Garwood

A Virginia pastor who criticized mainstream anti-abortion groups and Republicans for not supporting laws that would give legal personhood to developing embryos and fetuses.

Abby Johnson

An anti-abortion leader who believes a cultural change in the U.S. on abortion will not happen without the fear of murder charges. She is planning to launch a 'Make Abortion Murder Again' college tour.

Kristan Hawkins

The president of Students for Life of America, who says abortion-homicide laws would set the movement back in terms of cultural acceptance and are not the silver bullet their supporters believe they are.

Kulsoom Ijaz

The senior policy counsel at Pregnancy Justice, who co-authored a report finding that between 2006 and 2024, states prosecuted at least 58 women after they lost pregnancies.

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What they’re saying

“Whether or not one of the laws, should it be enacted, makes it in front of the court, what it does is create an environment in which the court can seem as if it's not being so extreme or stepping so far out of the mainstream.”

— Madeline Gomez, Managing senior policy counsel at Planned Parenthood Federation of America

“We're obviously opposed to Democrats, but we're also opposed to Republicans who are compromised on the issue, who say one thing and do another, Donald Trump being one of the foremost. … I mean, Republicans have Congress, and we don't have a bill to abolish abortion yet.”

— Jason Garwood, Virginia pastor

“Do I want to see women in jail? No, I don't. Because I don't want women to have abortions. It's like, do I want to see people in jail for drinking and driving? I don't, but I don't want people to drink and drive.”

— Abby Johnson, Anti-abortion leader

“Abortion won't end overnight. Abortions will tragically continue … just like murder and theft continue. But, at some point, there will be an investigation, arrest, and prosecution. … The story won't be: 'The Pro-Life Movement Wants Justice for the Preborn Baby.' It will be: 'The Pro-Life Movement Wants to Jail & Execute Women.'”

— Kristan Hawkins, President of Students for Life of America

“Postpartum people are being investigated and jailed while their mugshots are plastered across the news as they endure a deeply private and personal experience.”

— Kulsoom Ijaz, Senior Policy Counsel at Pregnancy Justice

What’s next

The judge in the Kentucky case will decide on Tuesday whether or not to allow the woman charged with fetal homicide to be released on bail.

The takeaway

These abortion-homicide bills highlight the growing divide within the anti-abortion movement, with some 'abortion abolitionists' pushing for harsh criminal penalties, even as more mainstream groups warn such measures could set the movement back. The bills also raise concerns about the potential for increased prosecution of women for pregnancy outcomes, even in cases of miscarriage or stillbirth.