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Abortion rights measures are passed in 7 out of 10 states
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Abortion rights measures are passed in 7 out of 10 states

Voters in 10 states voted Tuesday on proposals that would protect their right to access abortion care.

Voters in Arizona and Missouri approved measures to protect reproductive rights, effectively overturning existing abortion bans. Meanwhile, voters in Colorado, New York, Maryland, Montana and Nevada passed measures to strengthen or expand access to abortion.

In Florida and South Dakota, ballot measures to overturn state abortion bans failed. A proposed Nebraska constitutional amendment to protect abortion rights also failed, while an amendment to ban the procedure after 12 weeks of pregnancy was approved.

The votes come two years after the Supreme Court was overthrown Roe v. Wadewhich had secured the right to abortion in the United States for nearly 40 years. In 2022, voters in four states passed measures to protect abortion rights, while efforts to restrict access failed in three states.

Of the states that have not voted for a constitutional right to abortion, only three allow voters to introduce ballot measures that can override the state legislature and governor. Two of those states, Arkansas and Oklahoma, have total abortion bans. In North Dakota, the third state, a judge struck down the abortion ban.

Here’s a rundown of how abortion appeared on the ballot in 10 states this week.


Missouri

In record turnout, Missouri voters approved an amendment to their state constitution to codify “a fundamental right to reproductive freedom, defined to include abortion and all things related to reproductive health care.” This includes prenatal care, childbirth, postpartum care, birth control, miscarriage care, and respectful birth conditions.

Previously, abortion was prohibited at every stage of pregnancy. It is the first time a state with a total abortion ban has adopted a measure to protect abortion rights.

“This is a particularly historic victory for Missouri, one of a growing number of red, blue and purple states — and the first with a total abortion ban — to pass a constitutional amendment protecting abortion,” Nancy Northup, president and CEO of the Center. for Reproductive Rights said in a statement. “By saying yes to this strong language, voters demanded the return of essential human rights and freedoms that they lost after roe was overturned.”

Florida

Florida voters voted in favor of a constitutional amendment that would have protected the right to abortion before viability or when necessary to protect the health of the pregnant woman.

More than 57 percent of voters voted in favor of the amendment, but the state requires ballot measures to pass with at least 60 percent of the vote.

Before Tuesday’s vote, Florida was the last of ten states in the Southeast without an abortion ban. Now, approximately 21 million women of reproductive age live in a “the desert of abortion”, meaning there are no nearby states where pregnant women can travel to get an abortion.

Nebraska

Nebraska was the only state to ask voters to decide on two competing ballot propositions. It would have cemented the right of Nebraskans to abortion until the fetus is viable, at about 24 weeks of pregnancy. The other tried to ban all abortions after 12 weeks.

Voters passed the abortion ban and defeated the abortion protection amendment. The state will now ban second- and third-trimester abortions.

Arizona

A new one constitutional amendment enshrines the right to abortion until fetal viability, which the amendment defines as “the point in pregnancy at which, in the good faith opinion of a health care professional, the fetus has a significant likelihood of surviving outside the womb.”

The amendment allows for an abortion after the point of fetal viability if a health care provider believes the mental and physical health of the pregnant woman is at risk. It also prohibits any law that will penalize people for helping others exercise their right to an abortion.

This year, voters in the state formally repealed the blanket ban on abortion in 1864. However, another law banned abortion after 15 weeks of pregnancy. That law will no longer be legal under the new amendment.

South Dakota

South Dakota voters rejected a ballot proposal to protect access to abortion in the state.

The ballot the proposed initiative to regulate abortion on a quarterly basis. If passed, the measure would have prohibited the state from regulating first-trimester abortion rights. The state could regulate second-trimester abortion, but “only in ways that are reasonably related to the physical health of the pregnant woman.” In the third trimester, the proposal allowed the ban, unless the procedure was necessary to save the woman’s life or health.

After his overthrow Spawn, a 2005 “trigger law” came into force, banning abortion except to save the life of the mother. The state requires a 72-hour waiting period and counseling before an abortion can be performed, and requires that the minor’s parents or guardian be notified prior to the abortion. A 2023 law prevents a woman who has had an abortion from being prosecuted.

Nevada

More than 60 percent of Nevada voters voted to enshrine protections against abortion in the state Constitution. A 1990 Nevada law protects abortion until the fetus is viable — generally around 24 weeks of pregnancy. However, these protections can be overridden by a single majority vote in a state referendum.

The constitutional amendment must be approved within two years of even-numbered elections, so it will be voted on again in 2026. If a majority of voters approve it again then, it would take two supermajority votes for an amendment to abortion protections to pass.

mountain

The mountaineers have passed a constitutional amendment the initiative to create an explicit right to make decisions about a person’s own pregnancy, including having an abortion. Previously, the right to abortion in Montana depended on jurisprudence based on the right to privacy.

This year, the Montana Supreme Court ruled that parental consent is not required for a minor to obtain an abortion. State Medicaid funds can be used for abortion services, and Montana law protects against harassment and physical harm for people entering abortion clinics.

COLORADO

Voters passed a ballot initiative to enshrine abortion rights in the state constitution. Prohibits local governments from denying or interfering with the right to abortion.

The proposal repealed a 1984 article in the constitution that prohibited the use of public health funds for abortion. The new amendment allows abortion to be a service covered by health insurance plans.

Maryland

Maryland voters voted overwhelmingly in favor of codifying the “right to reproductive freedom” in the state’s Bill of Rights. This includes “the ability to make and take decisions to prevent, continue or end one’s own pregnancy,” according to the language of the amendment.

A 1991 law prohibited the state government from interfering in the decision to terminate a pregnancy. This law was upheld in a 1992 referendum.

new york

New York Bill of Rights will be updated to say that people cannot be denied their rights based on their “color, ethnicity, national origin, age, disability,” as well as their “sex, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcome, and health reproductive and autonomy.”

The new Equal Rights Amendment would prevent state government from banning abortion, stopping Medicaid funding and private insurance for abortion services, criminalizing miscarriage, or adding medically unnecessary burdens to pregnant women.