07/01/2024 / By Ava Grace
Democratic state governments and pro-abortion organizations have turned to ballot initiatives to enshrine abortion rights into state constitutions since the Supreme Court ruled to overturn Roe v. Wade in June 2022.
Ballot measures have proven to be an effective strategy for abortion rights advocates. These measures, once passed, alter state constitutions, making them difficult to reverse and taking precedence over state legislative actions. Well-funded groups such as Planned Parenthood and the American Civil Liberties Union have been leading these initiatives, often significantly outspending pro-life organizations. (Related: Jordan Peterson: Abortion, not gun violence, is the leading killer of children in America.)
In 2022, abortion made it to the ballot in five states – California, Kentucky, Michigan, Montana and Vermont. Every single one of these referenda won, either successfully enshrining the right to abortion into their respective state constitutions or – as is the case in Kentucky and Montana – rejecting state legislature-passed restrictions to abortion. Additionally, in 2023, voters in Ohio codified abortion rights in the state’s constitution.
This November, millions of voters across the country will once again be voting to determine the future for the rights of the unborn in as many as 11 states, with pro-abortion organizers working overtime to secure space for their respective measures in the coming ballots.
Arizona for Abortion Access, a coalition of pro-abortion groups in the state has already gathered more than the needed 383,923 signatures to get its proposed constitutional amendment affirming the right to abortion on the November ballot. The amendment would allow abortion up until the point of fetal viability, or somewhere between 24 and 26 weeks.
Pro-abortion coalition Arkansans for Limited Government is in the process of gathering the necessary 90,704 valid signatures for a measure that will allow unrestricted abortions up to 18 weeks and beyond for cases of rape, incest or to protect the life or health of the mother.
Colorado Secretary of State Jena Griswold approved Initiative Measure 89, which seeks to enshrine the right to unlimited abortion and override a 1984 measure that prohibits public health insurance from covering abortions. The measure requires 55 percent voter approval to pass.
In Florida, Amendment 4, proposed by the organization Floridians Protecting Freedom, would bar the state from restricting abortion before viability or when necessary to protect the health of mothers – so-called “emergency” abortions. The measure requires a supermajority of 60 percent to be approved.
Lawmakers in this heavily Democrat state voted to place an abortion measure on the November 2024 ballot. The proposed amendment emphasizes “reproductive freedom” as a fundamental right and prohibits state interference unless justified by a compelling state interest.
The pro-abortion group Missourians for Constitutional Freedom have delivered more than the necessary 380,000 signatures for the Missouri Right to Reproductive Freedom Amendment. If approved by a simple majority, the measure would enshrine the right to so-called reproductive freedom in the state constitution and repeal an existing ban. The office of the secretary of state is currently verifying the signatures, and Republican Gov. Mike Parson will have the final say on whether the measure appears on the Aug. 6 primary ballot or the Nov. 5 general election ballot.
Montana’s ballot measure, if passed, would enshrine into the state constitution the right of Montanans to make and carry out their own pregnancy decisions, including abortion, and prevent the government from hindering the right to abortion before the point of viability. The measure also prevents government interference when healthcare professionals determine an abortion is necessary to protect the life of mothers.
Nebraska has an ongoing campaign for a pro-life ballot measure that would enshrine into the state constitution a ban on abortion after the first trimester. This proposal is being opposed by the pro-abortion Protect Our Rights campaign, which is campaigning for a measure that allows abortion “until fetal viability.”
The Nevadans for Reproductive Freedom is campaigning for a ballot measure to enshrine the right to “abortion performed or administered by a qualified healthcare practitioner until fetal viability” in the state constitution. Constitutional amendments in Nevada need to pass twice, meaning that if the measure is approved in November voters would need to pass it again in 2026.
The initiative in New York expands an already existing Equal Protection Clause in the state constitution to include protections for reproductive healthcare and bodily autonomy. The measure was restored after initially being blocked by a lower court following a legal challenge. The amendment needs a simple majority to pass.
Secretary of State Monae Johnson approved Amendment G, which would enshrine the right to unrestricted abortions during the first trimester and limited regulations during the second trimester. Restrictions to abortions during the second trimester will only be legal if their purpose is to protect the health of the mother. The amendment requires a simple majority to pass.
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Watch this Fox News report of the Supreme Court issuing a ruling that allows hospitals to perform emergency abortions.
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