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Abortion rights ballot measures pass in 7 states, fail in 3 others
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Abortion rights ballot measures pass in 7 states, fail in 3 others

Constitutional amendments to protect or expand abortion passed in seven of the 10 states where they appeared on the ballot Tuesday, according to NBC News.

Voters in Arizona and Missouri approved ballot initiatives that will effectively protect abortion rights up to fetal viability and repeal existing abortion laws. But the voters inside Florida, Nebraska and South Dakota rejected proposed amendments that would have done the same — becoming the first pro-abortion rights ballot measures to fail since the Supreme Court overturned Roe v. Wade in June 2022.

Meanwhile, voters in Maryland, mountainNevada and New York (where abortion is already legal through fetal viability) and Colorado (where there are no laws restricting abortion and no gestational age limits for women seeking abortions) have passed measures that will formally enshrine those rights existing. Organizers said the amendments are intended to prevent lawmakers from rolling back existing protections in the future.

In Nebraska, two dueling abortion measures were on the general election ballot. The one approved by voters would protect the right to abortion in the first trimester, while banning the procedure in the second and third trimesters, except in medical emergencies or when pregnancies are the result of sexual assault or incest. The passage effectively codifies existing state law banning abortion after 12 weeks of pregnancy, with some exceptions, into the state constitution.

The other amendment, which would have enshrined the right to abortion until fetal viability in the conservative state’s constitution, was rejected.

The defeats of the Florida, Nebraska and South Dakota amendments are over what had been an unbroken streak of victories for ballot measures supporting abortion rights in the 2 1/2 years since Roe fell.

In Florida, voters rejected a ballot initiative that would have prohibited the restrictions on abortion before fetal viability and would have included exceptions past that point for “the patient’s health as determined by the patient’s healthcare provider.”

Under Florida law, the measure needed the support of 60 percent of voters to pass, rather than a simple majority. With 96% of the vote expected, the abortion rights amendment had 57% support.

His failure preserves that of the state six week ban on abortion, which includes exceptions for rape, incest and the life of the woman.

In South Dakota, proposed amendment to the ballot would have legalized abortion in all situations in the first trimester of pregnancy. It would have allowed “regulation” by the state of second-trimester abortion, but such regulation “must be reasonably related to the physical health of the pregnant woman.” The amendment would have allowed the state to “regulate or prohibit” in the third trimester, except in cases where a doctor determined that the care would be necessary to “preserve the life or health” of the woman.

South Dakota has a near-total abortion ban, which went back into effect after Roe was overturned in 2022. The ban, which abortion rights groups say is among the most restrictive in the country, bans all abortions, unless necessary to save. woman’s life