Reproductive rights are on the ballot in eleven states on November 5. The ballot measures, mostly brought by citizens and voters, come after the US Supreme Court struck down the national abortion protections of Roe v. Wade in June 2022.

In most cases, states vote on single measures that would enshrine additional protections for abortion. In one state — Nebraska — two ballot measures could establish greater abortion rights for early pregnancies and ban abortion for pregnancies in later trimesters.

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Arizona

Proposition 139 would protect abortion until the fetus is viable outside the womb. The exact timing of viability depends on a number of factors, and the measure does not define a limit of viability, but a widely accepted time frame is after 24-28 weeks of pregnancy.

The measure would also allow abortion in cases where it is necessary to protect the life of the mother.

Arizona’s current law, signed in 2022, bans abortions after 15 weeks of pregnancy and includes exceptions in cases of medical emergency.

In April 2024, the Arizona Supreme Court upheld a Civil War-era state law that made nearly all abortions illegal in the state, except when the procedure is necessary to save the mother’s life. That law was eventually repealed by the Arizona legislature.

COLORADO

Colorado Amendment 79 it would protect the right to abortion in the state constitution and make the procedure eligible for health insurance coverage. It would also repeal language in the 1984 state constitution that prevents the use of state money in abortion procedures.

There is currently no abortion limit in Colorado.

The measure needs 55 percent support from state voters to pass.

Florida

Florida Amendment 4 would add constitutional protection for abortion before the point of viability and when “necessary to protect the health of the patient as determined by the patient’s health care provider.”

Existing state law limits abortion to six weeks of pregnancy, down from 15 weeks after Gov. Ron DeSantis signed a bill in 2023 tightening the restrictions. Legal challenges suspended the law for a year after it was originally signed, but the state Supreme Court cleared the way for it to take effect in April 2024.

Existing laws also include exceptions to preserve the life or health of the mother.

The new measure needs 60 percent support in the state to pass.

Maryland

Question 1 of Maryland would add a section to the Maryland constitution guaranteeing reproductive freedom, defined as including “the ability to make and carry out decisions to prevent, continue or terminate one’s own pregnancy.”

The measure was approved in 2023 by the state senate and signed by Gov. Wes Moore in 2023, where it now awaits approval by referendum this election.

In Maryland, abortion is currently legal before fetal viability, and there are exceptions that may extend beyond that date in cases of fetal abnormality or to preserve the life or health of the mother. The last time voters decided the issue was in 1992, when they voted to support a Senate bill that said “the state may not interfere with a woman’s decision to terminate a pregnancy.”

Missouri

Missouri Amendment 3 would amend the state constitution to include “the right to make and make decisions about all matters related to reproductive health care, including but not limited to prenatal care, childbirth, postpartum care, birth control, abortion care, miscarriage care and respectful childbirth. conditions.”

Under the amendment, state lawmakers would be allowed to pass laws regulating abortion after fetal viability, but none that would limit abortions in cases where medical professionals believe a patient’s physical or mental health or life is in danger.

Abortion is currently prohibited in the state, with certain exceptions to preserve the life or health of the mother. Missouri enacted this ban on June 24, 2022, the same day as the Supreme Court’s decision to strike down federal protections against abortion in Roe v. Wade.

Just hours before Missouri completes voting for the 2024 election, a judge ordered Republican officials to “take all necessary steps” to ensure the decision was on the Nov. 5 ballot.

mountain

Montana measure CI-128 would add an explicit constitutional right to abortion in the state. Abortion protection in the state now depends on the precedent set by previous legal cases. The Montana Supreme Court ruled in 1991 that abortion up to the point of viability was protected by the state’s constitutional right to privacy.

Added language in the new measure would say, “There is a right to make and take decisions about one’s pregnancy, including the right to have an abortion.” There would be exceptions for extending the availability of abortions beyond viability to protect the life or health of the mother.

Montana currently allows abortion before fetal viability.

Nebraska

Nebraska Initiative 434 would support legislation already introduced by the Republican legislature and signed by its Republican governor. It prohibits abortion after the first trimester. Includes exceptions for medical emergencies, rape and incest.

Meanwhile, Nebraska Initiative 439 would amend the state constitution to provide abortion access until fetal viability, which is at the end of the second trimester around 24 weeks. It also has exceptions for the life of the mother and makes it very clear that it is up to the practitioner to determine viability.

Nebraska Secretary of State Bob Evnen, a Republican, said if both measures pass, Republican Gov. Jim Pillen will have to determine whether there is a conflict under state law.

Nebraska currently prohibits abortions after 12 weeks of pregnancy. This law came into effect in June 2023. It includes exceptions for saving the life or health of the mother and for rape or incest.

Nevada

Question 6 of Nevada would amend the state constitution to include the right to abortion up to fetal viability. It defines viability as the professional opinion of a medical expert that “there is a significant probability of sustained survival of the fetus outside the womb without the application of extraordinary medical measures.” It would include exceptions for the mother’s health.

Nevada currently allows abortions up to 24 weeks of pregnancy. Those protections were established in 1990 by state law and can only be repealed by state referendum.

new york

New York’s proposal 1 would amend the state constitution to guarantee equal rights regardless of “a person’s sex, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes and care, and reproductive autonomy.”

The measure was originally removed from the state ballot in May 2024 when a judge found lawmakers missed a procedural step when they put it there. In June, the state Supreme Court ruled that it should be put back.

Abortion is currently permitted in New York until fetal viability.

South Dakota

South Dakota Amendment G it would enshrine the right to abortion in the state constitution and prohibit the state from regulating pregnancies until after the first trimester. The state could pass laws regulating abortion during the second trimester “only in ways that are reasonably related to the physical health of the pregnant woman.” The state could regulate abortion during the third trimester, but there would be exceptions for the health and life of the mother.

South Dakota currently prohibits abortion unless it would save the life of the mother. A trigger law in the state went into effect after the U.S. Supreme Court’s decision that struck down Roe v. Wade protections.