Abortion on the Ballot
While both presidential candidates bring new policies on abortion to the country, ballots offer another way of ensuring reproductive freedoms: this year, ten states will vote to change abortion laws in their constitutions. Most pressingly, Arizona, Florida, Missouri, Nebraska, and South Dakota will vote to reduce policies that restrict abortion before viability. Of eleven proposed changes, ten favor reproductive freedom, and one seeks to enact harsher abortion restrictions. Since Roe v. Wade, four states have successfully voted to codify reproductive rights, and three have rejected abortion restrictions.
Nevada - Question 6
To amend the state constitution to recognize a fundamental right to abortion
- Prohibits interference by state or local governments if the abortion is performed by a licensed healthcare professional, until fetal viability or whenever necessary to protect the health or life of the pregnant person
- Must pass this round and in November 2026, in two consecutive general elections, to be codified
- Currently, abortion is legal until 24 weeks of pregnancy (often considered the point of fetal viability) due to a 1990 law. It is not subject to amendment or repeal.
Montana - CI-128
To amend the state constitution to protect the right to abortion up to viability
- Also prevents the government from penalizing abortion providers
- Currently, abortion is legal until viability. However, lawmakers have attempted to enact restrictions. Each time, courts have circumvented these changes by citing the state’s right to privacy. This amendment would bolster abortion protections.
Colorado - Amendment 89
To amend the state constitution to recognize the right to abortion and repeal a current provision in the constitution that prohibits the use of state funds to provide abortion coverage
- Specifies that the government may not prohibit abortion coverage by health insurance providers
- Needs 55% of the vote to pass
- Currently, abortion is legal at all stages of pregnancy.
Arizona - Proposition 139
To amend the state constitution to include a fundamental right to abortion
- Limits the state’s interference of abortion before fetal viability
- Allows abortions to protect the life and health of a pregnant person after fetal viability
- Prohibits penalization of providing abortion assistance to a pregnant person
- Currently, there is a ban on abortion after 15 weeks of pregnancy.
South Dakota - Amendment G
To amend the state constitution to protect the right to abortion through the end of the second trimester
- Establishes a trimester framework for abortion regulations
- Regulations prohibited during the first trimester
- Regulation of abortion during the second trimester that is related to the physical health of the pregnant person is allowed
- Regulation/prohibition of abortion in the third trimester is allowed except for life/health threatening cases
- Currently, abortion is banned with an exception to save the life of the pregnant person.
Nebraska has two conflicting initiatives: if both pass, the measure with the most votes in favor will be enacted. Nebraska currently has a 12 week ban on abortion.
Nebraska - Initiative 434
To amend the constitution to ban abortion in the second and third trimesters (after 12 weeks)
- Exceptions are made for medical emergencies, rape, and incest
Nebraska - Initiative 439
To amend the state constitution to recognize a fundamental right to abortion up to viability.
- Further, abortion is protected whenever needed to protect the life or health of the pregnant person
Missouri - Amendment 3
To amend the state constitution to protect the right to reproductive freedom
- Defines reproductive freedom as disallowing the government to impede on a pregnant person’s birth control and abortion decisions
- Allows the general assembly to regulate abortion after fetal viability
- Forbids the government from restricting abortions in cases where the pregnant person’s life or physical/mental health is endangered
- Prohibits adverse action based on reproductive outcomes and discrimination against individuals receiving or administering reproductive healthcare
- Currently, there is a full abortion ban (enacted directly after Roe v. Wade was overturned) with the exception of medical emergencies (no exceptions for rape or incest)
New York - Proposal 1
Lawmaker-referred measure (has passed state legislature in two consecutive sessions) to amend the state constitution's equal rights amendment to include anti-discrimination protections for reproductive choices.
- Expands protections to pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy
- Currently, abortion is legal until 24 weeks of pregnancy, and health/life-threatening cases are not restricted after the 24 weeks.
Maryland - Question 1
Lawmaker-referred measure to amend the state constitution to guarantee a right to reproductive freedom
- Will prohibit the state from denying the right to reproductive freedom (a veto referendum has challenged the right to abortion in Maryland in the past, in 1992)
- Currently, abortion is legal until viability.
Florida - Amendment 4
To amend the state constitution to protect the right to abortion up to viability.
- Also prohibits laws from restricting abortion when necessary for the pregnant person’s health
- Clarifies that requiring parental notification before a minor receives an abortion is still legal
- Needs 60% of votes to pass
- Currently, there is a ban on abortion after 6 weeks of pregnancy.
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