Guam
On March 24, 2023, a federal district court denied Guam Attorney General Douglas Moylan's motion to vacate the permanent injunction against a 1990 total abortion ban. This decision ensures that abortion remains legal in Guam, safeguarding reproductive rights for its residents.
The original ban, which imposed criminal penalties on patients, providers, and those discussing abortion, was permanently blocked in 1990 through a lawsuit filed by the American Civil Liberties Union (ACLU) and attorney Anita Arriola. Despite Attorney General Moylan's efforts to reinstate the ban, the federal court's ruling reinforces the legal status of abortion access on the island.
Meagan Burrows, staff attorney with the ACLU Reproductive Freedom Project, stated, "The court made the right decision in denying the attorney general’s motion to reinstate a severe abortion ban that carries criminal penalties for patients and providers. Today’s decision will ensure that women and people seeking abortion care in Guam are not denied access to the essential health care they need because of where they live."
While this decision is a significant victory for reproductive rights advocates, challenges remain. After the retirement of the last abortion provider in 2018, access to abortion services in Guam became limited. In 2021, a lawsuit brought by the ACLU established access to medication abortion via telemedicine. However, legal barriers persist, including a requirement for patients to make an in-person visit before accessing care through telehealth services.
The federal court's denial of the motion to vacate the injunction marks a pivotal moment in the ongoing efforts to safeguard reproductive rights in Guam, highlighting the judiciary's role in upholding constitutional protections against legislative attempts to restrict access to abortion services.
