Guam
Hostile
Now that the Supreme Court has overturned Roe:
Guam will likely pass a total ban on abortion. Guam already prohibits abortion after 13 weeks of pregnancy in almost all situations.
Governance
Guam is an unincorporated territory of the United States, subject to the plenary power of Congress.[1]48 U.S.C. § 1421a. Congress has the power to legislate directly for Guam or to establish a government for Guam subject to congressional control. Through the Organic Act of 1950, Congress established a Bill of Rights for Guam, modeled on the Bill of Rights in the U.S. Constitution.[2]Id. § 1421b. In 1968, Congress enacted the Mink Amendment, which extended additional constitutional rights to Guam.[3]Id. § 1421b(u).
Restrictions
Guam law generally prohibits abortion at thirteen weeks,[4]GUAM CODE ANN. tit. 9 § 31.21 (b)(3)(A). with narrow exceptions.[5]Id. § 31.20(b)(3)(B)-(C).On December 16, 2022, Guam’s legislature passed legislation banning abortion after about six weeks of pregnancy, [6]Associated Press, Guam Legislature passes abortion ban; governor veto expected (Dec. 16, 2022) (last accessed Nov. 14, 2023). which mirrored Texas’ S.B. 8. Gov. Lou Leon Guerrero vetoed the measure.[7]Guam Legislature passes abortion ban; governor veto expected, Associated Press (December 16, 2022) apnews.com/article/abortion-guam-fca7a9f75522e98cf94e7a36e093b174; Joe Taitano II, Override of veto … Continue reading In October 2023, the Guam Supreme Court held that the ban was “impliedly repealed by the Guam Legislature.”[8]In re Request of Lourdes A. Leon Guerrero, I Maga’hågan Guåhan,Relative to the Validity & Enforceability of Pub. L. No. 20-134, 2023 Guam 11. The territory prohibits D&X procedures.[9]GUAM CODE ANN. tit. 10 § 91A104. Pregnant people who seek abortion care must undergo a mandatory twenty-four-hour waiting period and in-person biased counseling.[10]Id. § 3218.1; GUAM DEP’T OF PUBLIC HEALTH AND SOCIAL SERVICES, Enforcement of “The Women’s Reproductive Health Information Act” Will Commence on June 2, 2014 (Apr. 1, … Continue reading Guam law generally requires that a parent, legal guardian,[11]GUAM CODE ANN. tit. 19 § 4A102. or judge[12]Id. §§ 4A104, 4A107. consent to a minor’s abortion.
During the COVID-19 pandemic, travel restrictions and quarantine mandates further impeded access to abortion care.[13]Caleb Jones, Hawaii’s Tourism Industry Struggles as Shutdown Keeps Coronavirus Numbers Among Lowest in USA, In Travel News, USA Today (May 4, 2020, 1:51 PM) Gov. David Ige, Order for … Continue reading
Guam’s targeted regulation of abortion providers (TRAP) laws include reporting requirements.[14]GUAM CODE ANN. tit. 10 §§ 3217, 3218; GUAM CODE ANN. tit. 19 § 4A106. Guam restricts the provision of abortion care to physicians,[15]GUAM CODE ANN. tit. 9 § 31.20 (b)(1). which is particularly problematic as the island’s last remaining abortion provider retired in early 2018.[16]ASSOCIATED PRESS, Guam’s Only Abortion Provider Retires (July 3, 2018); as of this writing, there remains no abortion provider on the island, although Governor Lourdes Leon Guerrero, a former … Continue reading Providers who violate Guam’s abortion restrictions may face civil and criminal penalties.[17]See, e.g., GUAM CODE ANN. tit. 10 § 3218.1 (g)(3); GUAM CODE ANN. tit. 9 § 31.21; id. § 91.05(a).
Protections
Guam law does not protect abortion.
Post-Roe Prohibitions
Guam does not have a pre-Roe ban.
Conclusion
Now that the Supreme Court has overturned Roe, Guam will likely pass a total ban on abortion. Guam already prohibits abortion after 13 weeks of pregnancy in almost all situations. Because Guam lacks a territorial constitution or bill of rights, the only potential source of protection for abortion would be statutory; there is no local constitutional backstop to push back against a complete ban on abortion.
References
↑1 | 48 U.S.C. § 1421a. |
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↑2 | Id. § 1421b. |
↑3 | Id. § 1421b(u). |
↑4 | GUAM CODE ANN. tit. 9 § 31.21 (b)(3)(A). |
↑5 | Id. § 31.20(b)(3)(B)-(C). |
↑6 | Associated Press, Guam Legislature passes abortion ban; governor veto expected (Dec. 16, 2022) (last accessed Nov. 14, 2023). |
↑7 | Guam Legislature passes abortion ban; governor veto expected, Associated Press (December 16, 2022) apnews.com/article/abortion-guam-fca7a9f75522e98cf94e7a36e093b174; Joe Taitano II, Override of veto on Guam Heartbeat Act fails; abortion battle will continue Pacific Daily News (Dec. 29, 2022) www.guampdn.com/news/override-of-veto-on-guam-heartbeat-act-fails-abortion-battle-will-continue/article_88d7d09c-8748-11ed-93a7-73ea882f8433.html.%5B/fn%5D In 1990, the territory passed a near total abortion ban, which was permanently enjoined.[fn]Guam Code Ann. tit. 9 §§ 31.20, 31.21, 31.22, 31.33, as reenacted by P.L. 20–134 (1990), Guam Soc. of Obstetricians & Gynecologists v. Ada, 962 F.2d 1366, 1370 (9th Cir. 1992), as amended (June 8, 1992). |
↑8 | In re Request of Lourdes A. Leon Guerrero, I Maga’hågan Guåhan,Relative to the Validity & Enforceability of Pub. L. No. 20-134, 2023 Guam 11. |
↑9 | GUAM CODE ANN. tit. 10 § 91A104. |
↑10 | Id. § 3218.1; GUAM DEP’T OF PUBLIC HEALTH AND SOCIAL SERVICES, Enforcement of “The Women’s Reproductive Health Information Act” Will Commence on June 2, 2014 (Apr. 1, 2014); Nate Raymond, US appeals court reinstates Guam in-person abortion counseling law Reuters (Aug. 1, 2023) www.reuters.com/world/us/us-appeals-court-reinstates-guam-in-person-abortion-counseling-law-2023-08-01/.%5B/fn%5D Guam also limits public funding for abortion.[fn]KAISER FAM. FOUND, Medicaid in the Territories: Program Features, Challenges, and Changes 2 (Jan. 2019); GUAM CODE. ANN. tit. 10 § 2913(a). |
↑11 | GUAM CODE ANN. tit. 19 § 4A102. |
↑12 | Id. §§ 4A104, 4A107. |
↑13 | Caleb Jones, Hawaii’s Tourism Industry Struggles as Shutdown Keeps Coronavirus Numbers Among Lowest in USA, In Travel News, USA Today (May 4, 2020, 1:51 PM) Gov. David Ige, Order for Self-Quarantine (March 21, 2020) |
↑14 | GUAM CODE ANN. tit. 10 §§ 3217, 3218; GUAM CODE ANN. tit. 19 § 4A106. |
↑15 | GUAM CODE ANN. tit. 9 § 31.20 (b)(1). |
↑16 | ASSOCIATED PRESS, Guam’s Only Abortion Provider Retires (July 3, 2018); as of this writing, there remains no abortion provider on the island, although Governor Lourdes Leon Guerrero, a former nurse and a supporter of reproductive autonomy, is actively recruiting providers to come to the island, see Caleb Jones, Lack of Abortion Access Troubles Guam’s First Female Governor, ASSOCIATED PRESS (June 7, 2019) (783) See, e.g., GUAM CODE ANN. tit. 10 § 3218.1 (g)(3); GUAM CODE ANN. tit. 9 § 31.21; id. § 91.05(a). |
↑17 | See, e.g., GUAM CODE ANN. tit. 10 § 3218.1 (g)(3); GUAM CODE ANN. tit. 9 § 31.21; id. § 91.05(a). |