Bipartisan Majorities in Battlegrounds Oppose Criminalizing Abortion Before Viability, Favor Greater Access to Birth Control

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Sep 10, 2026, 09:00 ET

COLLEGE PARK, Md., Sept. 10, 2026 /PRNewswire/ -- Since the 2022 Dobbs v. Jackson decision, states have been allowed to criminalize abortion before fetal viability, and over a third of states have done so.

However, new surveys of nearly 20,000 Americans in battleground states and districts find that majorities of both Democrats and Republicans oppose criminalizing abortion before fetal viability. Majorities of Democrats in all but one state also oppose criminalizing abortion after viability, while majorities of Republicans are in favor.

To reduce the number of unintended pregnancies, bipartisan majorities favor the government maintaining or increasing access to birth control. Bipartisan majorities in every competitive state and district surveyed favor proposals to:

increase funding to health care clinics so they can provide free or low-cost birth control to women who cannot afford it
prohibit states from banning or restricting access to birth control
continue the federal requirement that health insurance covers birth control (with religious and moral exemptions for some employers).

These policies are derived from federal legislation.

Steven Kull, Director of the University of Maryland's Program for Public Consultation (PPC) noted, "While many Americans disagree on the morality of abortion, bipartisan majorities in battleground states and districts agree that abortion should not be made a crime, at least not before fetal viability, consistent with the Roe v. Wade standard."

Common Ground in the Battlegrounds? Survey Series
This release is the eighth in the Common Ground in the Battlegrounds? survey series being conducted by PPC in 11 competitive states and 28 competitive U.S. House districts in advance of the midterm elections.

Surveys on fifteen topics are being released on a rolling basis, covering over 100 specific policy questions. The policies – most of which are pending legislative proposals in Congress – have elicited bipartisan agreement nationally. PPC is exploring whether the same bipartisan common ground found at the national level exists in the battlegrounds. The results for all individual states and districts surveyed can be found here. Previously released surveys: Artificial Intelligence, Housing, Healthcare, Low-Income Assistance, Families and Children, Social Security, and Immigration.

Criminalizing Abortion
Respondents were asked whether it should be a crime to provide an abortion, punishable with prison time or major fines for the doctor. Three options were presented:

make abortion a crime at any point during the pregnancy (selected by 1 to 17% of Democrats, 9 to 34% of Republicans, 6 to 21% overall)
make it a crime only after the fetus is viable (22-24 weeks), meaning it can likely survive outside the womb (selected by 16 to 40% of Democrats, 39 to 60% of Republicans, 28 to 49% overall)
do not make it a crime (selected by 42 to 82% of Democrats, 17 to 39% of Republicans, 30 to 58% overall)

Thus, combining the second and third positions reveals that bipartisan majorities oppose making abortion a crime before fetal viability. This includes 82 to 99% of Democrats, 63 to 91% of Republicans, and 77 to 94% overall. Nationally, nine in ten Democrats (91%) and three in four Republicans (74%) say the same, and 84% overall.

Majorities of Democrats in all but one competitive state surveyed go further and oppose making abortion a crime at all: 51 to 82%, with Alaska being the exception at 42%.

Proposals to criminalize abortion at earlier stages of pregnancy have also been put forward. A 2024 PPC survey asked the same question as in the current survey, but included an additional option to criminalize abortion after 15 weeks. Even with that option included, bipartisan majorities nationally and in six swing states still supported not making abortion a crime before fetal viability (National: Democrats 90%, Republicans 61%; Six swing states: Democrats 83 to 93%, Republicans 57 to 70%).

Views in States with Abortion Bans Before Fetal Viability
Since the Dobbs v. Jackson decision, 20 states have made abortion a crime at stages before fetal viability, or at all stages, including several states that were surveyed. In Texas, providing an abortion is a crime at all stages of pregnancy. In Iowa and Georgia, it is criminalized after 6 weeks of pregnancy. And in Nebraska and North Carolina, it is criminalized after 12 weeks.

Contrary to their state's law, large bipartisan majorities in each of those states oppose criminalizing abortion before fetal viability.

Texas: Democrats 91%, Republicans 66%, overall 77%
Iowa: Democrats 97%, Republicans 72%, overall 84%
Georgia: Democrats 86%, Republicans 72%, overall 80%
Nebraska: Democrats 94%, Republicans 63%, overall 79%
North Carolina: Democrats 90%, Republicans 70%, overall 82%

Access to Birth Control
Three proposals to maintain or increase access to birth control get robust bipartisan support in every competitive state and district surveyed.

Bipartisan majorities favor the government increasing funding to health care clinics so they can provide long-term birth control for free or at low-cost to women who cannot afford it (Democrats 83 to 96%, Republicans 59 to 87%, overall 72 to 88%.) Nationally, 91% of Democrats and 72% of Republicans are in favor, and 81% overall.

Ensuring a nationwide legal right to purchase birth control, by prohibiting states from banning or restricting access to it, is favored by bipartisan majorities (Democrats 78 to 95%, Republicans 57 to 83%, overall 69 to 86%). Nationally, 86% of Democrats and 73% of Republicans are in favor, and 79% overall.

Continuing to require that health insurance cover birth control, with some religious and moral exemptions for some employers is favored by bipartisan majorities (Democrats 74 to 96%, Republicans 64 to 86%, overall 74 to 88%). Nationally, 90% of Democrats and 77% of Republicans are in favor, and 82% overall.

MORE INFORMATION

About the Surveys
The state and district surveys used for this analysis were fielded July 21 - August 17, 2026, to a total of 19,949 adults, including 600-2016 in each of the 11 states, and 499-516 in each of the 28 congressional districts. The response rates were 7.1 to 8.9%. The confidence intervals range from +/- 2.9 to 8.1%, and the maximum weights range from 3.7 to 10.0.

The national survey was fielded February 11-26, 2026, with 2,509 adults. The response rate was 7.6%. The confidence interval is +/- 2.9%, and the maximum weight is 2.5.

Sample was obtained from multiple online opt-in panels, including Cint, Dynata and Prodege. Sample collection and quality control was managed by QuantifyAI under the direction of the Program for Public Consultation. The surveys were offered in both English and Spanish.

The samples were pre-stratified and weighted by age, race, ethnicity, gender, education, household income, marital status, and home ownership to match the general adult population. The national sample was further weighted by Census region. In some states and districts, Partisan affiliation was within expectations, based on voter registration or Cook's Partisan Voting Index, or weighted to reflect those benchmarks.

About the Common Ground in the Battlegrounds? Survey Series
The Common Ground in the Battlegrounds? project will conduct and release a survey series in 11 competitive states and 28 competitive U.S. House districts that will be released on a rolling basis between now and the midterm elections. Surveys will cover 15 topics and include over 100 specific policy questions. The goal of this effort is to determine where there is bipartisan common ground in competitive states and districts across the nation. Additionally, the project seeks to educate the public, policymakers and candidates about the findings; and provide journalists with independent, nonpartisan research that brings the public into the conversation about public policy.

In addition to PPC, project partners include the Civic Innovation Center at the University of Maryland (CivIC), and Voice of the People (VOP), a national nonpartisan organization seeking to give the public a greater voice in government. None of these entities advocate for policy positions or endorse candidates.

States surveyed: Alaska; Georgia; Iowa; Maine; Michigan; Minnesota; Montana; Nebraska; New Hampshire; North Carolina; Ohio; and Texas.

Congressional Districts surveyed: Arizona's 1st and 6th; Colorado's 8th; Iowa's 1st, 2nd, 3rd and 4th; Maine's 2nd; Michigan's 4th, 7th, 8th and 10th; Montana's 1st; Nebraska's 2nd; Nevada's 3rd; New Jersey's 7th and 9th; New Mexico's 2nd; New York's 3rd, 4th, 17th and 19th; Oregon's 5th; Pennsylvania's 1st, 7th, 8th and 10th; and Washington's 3rd.

Program for Public Consultation
The Program for Public Consultation (PPC), affiliated with the University of Maryland's School of Public Policy, seeks to improve democratic governance by consulting the public and bringing the people's views into the public discourse. It conducts surveys with representative samples on policies proposed by elected officials and shares its findings with government officials, the media, other academics, and the general public.

Civic Innovation Center
The Civic Innovation Center (CivIC) at the University of Maryland's School of Public Policy works to strengthen the foundations of civic health. It contributes to important debates about civic education, civic engagement, and needed democratic reforms in the state of Maryland and nationwide, in partnership with other BIG 10 universities. It works to build the connective tissue that brings together students, scholars and practitioners to help elevate the UMD community's contribution to our wider democracy.

Voice of the People
Voice of the People (VOP) is a nonpartisan organization working to re-anchor our democracy in its founding principles by giving 'We the People' a greater and more effective voice in government. It champions innovative methods and technology that enable the American people to play a role in the policymaking process and provide policymakers with a more accurate understanding of the views of their constituents.

Contact: Jonathan Casaverde, [email protected],(786) 469-9422

SOURCE Program for Public Consultation