CNN
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More than two years after the U.S. Supreme Court reversed Roe v. Wade and abolished the federal constitutional right to abortion, voters in 10 states will decide whether to enshrine reproductive rights in their state constitutions. It’s coming.
For residents of Arizona, Florida, Missouri, Nebraska, and South Dakota, it goes a step further: Voting Yes on Reproductive Rights means voting to override the state’s current anti-abortion or abortion-restrictive policies. It turns out.
And in Nebraska, voters are also eyeing a dueling bill that would do the opposite: solidify the state constitution’s current abortion ban.
Reproductive health advocates are confident they have voter sentiment on their side. Since the Roe bill was overturned in 2022, seven states that have already held popular votes on abortion rights have passed a full range of measures aimed at protecting abortion access, while restricting abortion. All measures taken have failed.
Here’s how Arizona, Colorado, Florida, Maryland, Missouri, Montana, Nebraska, Nevada, New York, and South Dakota voted. Check out live results on election night.
The Arizona Abortion Access Act would enshrine in the state constitution the right to an abortion as long as the fetus is viable, or approximately 22 to 24 weeks into pregnancy.
Arizona’s Supreme Court voted in April to uphold a Civil War-era abortion ban, sparking national outrage and prompting the state Legislature to overturn the ban before it goes into effect. Abortion rights advocates say the moment served as a stark reminder of what happens when reproductive rights are not enshrined in state constitutions.
Colorado’s Abortion Rights and Health Insurance Coverage Initiative would enshrine the right to abortion in the state constitution and authorize the use of public funds for abortions.
The vote in Colorado would do little to change the legality of abortion itself, but the amendment, if approved by voters, could allow the state to cover abortion under Medicaid and some state employee health plans. sex may become possible. Supporters of the bill argue that it would go a long way toward expanding access to abortion, especially among low-income people.
Under Colorado law, the measure must receive support from at least 55% of voters to be approved.
Amendments that would limit government intervention in abortion would protect the right to abortion to the point of “viability,” or the health of the patient based on the health care provider’s judgment. Approval requires support from at least 60% of voters.
Florida voters could have a major impact on access to abortion in the South, where nearly every state has some kind of restriction on the procedure. The state once served as a key access point for patients from states with more restrictive policies.
A federal judge recently accused officials in Republican Gov. Ron DeSantis’ administration of trying to violate First Amendment rights in violent opposition to the voting bill.
maryland
The “Right to Reproductive Freedom” initiative would enshrine abortion as a right in the state constitution. The initiative would protect access to reproductive health care, including the choice to “continue or terminate one’s pregnancy.”
In 2023, Maryland enacted a shield law that protects abortion providers from investigations by other states. While state votes have little impact on abortion access for state residents, advocates say it’s important to solidify reproductive freedom in states that are access points for out-of-state patients. do.
The bill would establish in the state constitution the right to make reproductive health decisions without government intervention, including abortions up to the fetal lifespan, around 22 to 24 weeks of pregnancy. It also protects those seeking or providing care from discrimination by the government.
Missouri voters will decide whether to effectively repeal the state’s current abortion ban. The bill specifically mentions people’s right to make their own decisions about contraception, and access to contraception is also on the ballot.
Montana’s Abortion Rights Initiative protects the right to make decisions about one’s pregnancy, including the right to terminate the pregnancy through fetal viability or if necessary to protect the life or health of the pregnant patient, as determined by a physician. It would amend the state constitution to protect it.
Montana’s vote would not change current access to abortion, but it could protect against future attempts by the state’s Republican Party to restrict abortion.
The Protect Women and Children initiative would enshrine the current 12-week abortion ban into the state constitution, with exceptions for rape, incest and medical emergencies. The Abortion Rights Initiative enshrines in the state constitution the right to an abortion to preserve viability or to protect the life or health of a pregnant patient.
This summer, Nebraska Secretary of State Bob Evnen announced that for the first time in the state’s history, two competing petition efforts resulted in the same vote. Organizers campaigned vigorously to get their policies on the ballot, accusing each side of misleading tactics.
For a bill to pass, it must receive a majority of the votes cast and at least 35% of the total votes cast. If both amendments pass, the amendment with the most votes takes precedence.
Nevada’s Abortion Rights Initiative would establish in the state constitution a fundamental right to abortion up to the point where the fetus is viable, or to protect the life or health of the pregnant patient.
In Nevada, amendments must be passed in two consecutive general elections to be added to the state constitution. Even if Nevadans vote to approve the measure, they would have to wait another two years and vote yes again to enshrine the right to abortion into the state constitution.
If passed, the New York Equal Rights Amendment would amend the state constitution’s Equal Protection Clause, stating that a person’s rights cannot be denied because of “pregnancy, the consequences of pregnancy, reproductive health care, and autonomy.” will be done.
The amendment survived several legal challenges to be placed on the state ballot. It aims to protect against discrimination based on a range of factors, including pregnancy outcomes, age, disability, sexual orientation and gender identity. While supporters have focused on abortion rights, opponents have used the bill’s broad nature to raise concerns about transgender and parental issues.
The Abortion Rights Initiative would legalize abortion in the first and second trimesters with restrictions. Currently, all abortions are prohibited in the state, except in cases to save the mother’s life.
Reproductive rights advocates hope the measure will restore access to abortion to pregnant survivors of rape and incest, who do not have the option under current state law. . The bill would still allow states to regulate second-trimester abortions, but supporters say it would still be a victory for reproductive rights in the states.
