In the last two decades, the right to abortion has been the subject of discussion in legal, political and social spheres of many countries, in most cases in order to reflect on the restrictive rules on access to abortion in their legislation. A common aspect in the mobilizations for the right to abortion is the defense of the laicity of the State. In this sense, the purpose of this essay is to analyze, from a theoretical point of view, the role of the laicity of the State in the tensions and disputes over the right to abortion. For this, in the first section, we are dedicated to examining the structuring of positions around abortion. In the second section, we place the development of the laicity of the State in this controversy.