UPDATE: Abortion Amendments on the Ballot

Since Roe’s reversal in 2022, abortion activists have set their sights on advancing state protections for so-called abortion rights. Across the country, they are targeting states that allow their constitutions to be amended by a direct vote of the citizens in that state.

Their goal is to create a mini-Roe in each state’s Constitution, but many of these amendments are extreme and will make it difficult or even impossible for states to set reasonable limits on abortion like parental notification and prohibiting abortion in the last trimester.

After seven straight ballot measure wins, the abortion industry is continuing to use this method to constitutionalize abortion across America.

Six States Will Have Abortion on the Ballot This Fall

This November six states have already qualified abortion amendments for the ballot including Colorado, Florida, Maryland, New York, Nevada and South Dakota.

Colorado

• Title: Colorado Right to Abortion and Health Insurance Coverage Initiative
• Citizen-initiated.
• Would create a so-called constitutional right to abortion and permit the use of public funds for abortion.
• Threshold for passage: Supermajority of 55%.
• Current law allows for unrestricted abortion, but public funds cannot pay for abortion.

Florida

• Title: Florida Amendment 4, Right to Abortion Initiative
• Citizen-initiated.
• Would create a so-called right to abortion before viability (the time at which a baby can live outside the womb) or at any time to preserve the health of the mother. The health exception becomes loophole for late-term abortion.
• Threshold for passage: Supermajority of 60%.
• Current law protects babies from abortion beginning at six-weeks gestation.

Maryland

• Title: Maryland Right to Reproductive Freedom Amendment 
• Legislatively referred.
• Would declare that women have a so-called right to reproductive freedom including the right to end a pregnancy.
• Threshold for passage: Majority vote.
• Current law allows for abortion until viability and permits abortion at any time for the health of the mother.

New York

• Title: New York Equal Protection of Law Amendment
• Legislatively referred.
• Would prohibit so-called discrimination on the basis of “sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy.”
• Threshold for passage: Majority vote.
• Current law allows for abortion until viability and permits abortion at any time for the health of the mother.

Nevada

• Title: Nevada Right to Reproductive Freedom Amendment
• Attempting a citizen-initiated effort.
• Organizers need to submit 102,362 valid signatures by June 26, 2024, to qualify for the ballot.
• Would prohibit restrictions on abortion until after viability or at any time to preserve the health of the mother. The health exception becomes a loophole for late-term abortion.
• Threshold for passage: Majority vote in two consecutive elections.
• Current law allows abortion until viability and at any time to preserve the health of the mother.

South Dakota

• Title: South Dakota Constitutional Amendment G, Right to Abortion Initiative
• Citizen-initiated.
• Would prohibit restrictions on abortion during first trimester and allow for limited restrictions in the second and third trimester. Includes a health exception throughout the entire pregnancy permitting an abortion at any time for the health of the mother. The health exception becomes a loophole for late-term abortion.
• Threshold for passage: Majority vote.
• Current law protects babies throughout the entire pregnancy and allows an exception for the life of the mother.

Five States May Have Abortion on the Ballot This Fall

Five states may have abortion on the ballot this year including Arizona, Arkansas, Missouri, Montana and Nebraska. As of July 5, 2024, all deadlines to submit signatures for abortion-related ballot initiatives have passed and state officials are currently verifying signatures.

Arizona

• Title: Arizona Right to Abortion Initiative
• Attempting a citizen-initiated effort.
• Organizers needed a minimum of 383,923 valid signatures by July 3, 2024, to qualify for the ballot. They claim to have submitted over 820,000 signatures that are under review.
• Would create a so-called right to abortion before viability or at any time to preserve the health of the mother. The health exception becomes a loophole for late-term abortion.
• Threshold for passage: Majority vote.
• Current law allows abortions through 15 weeks of pregnancy. Arizona courts paused enforcement of a prior pro-life law protecting babies from abortion at conception until September 26, 2024.

Arkansas

• Title: Arkansas Right to Abortion Initiative
• Attempting a citizen-initiated effort.
• Organizers needed a minimum of 90,704 valid signatures by July 5, 2024, to qualify for the ballot. They say they submitted more than 100,000 signatures that are now under review.
• Would prohibit restrictions on abortion through 18 weeks of gestation and permit abortion at any time to preserve the health of the mother. The health exception becomes a loophole for late-term abortion.
• Threshold for passage: Majority vote.
• Current law protects babies from the moment of conception.

Missouri

• Title: Missouri Right to Reproductive Freedom Amendment
• Attempting a citizen-initiated effort.
• Organizers needed a minimum of 171,592 valid signatures by May 5, 2024, to qualify for the ballot. On May 3, 2024, they submitted more than 380,000 signatures to the state. Signature verification is now underway.
• Would prohibit restrictions on abortion until after viability or at any time to preserve the health of the mother. The health exception becomes a loophole for late-term abortion.
• Threshold for passage: Majority vote.
• Current law protects preborn babies from the moment of conception.

Montana

• Title: Montana Right to Abortion Initiative
• Attempting a citizen-initiated effort.
• Organizers needed 60,359 valid signatures by June 21, 2024. County clerks must submit signatures to the state by July 19, 2024, to qualify for the ballot. Organizers say they submitted over 117,000 signatures for verification.
• Would prohibit restrictions on abortion until after viability or at any time to preserve the health of the mother. The health exception becomes a loophole for late-term abortion.
• Threshold for passage: Majority vote.
• Current law allows abortion until viability and at any time to preserve the health of the mother.

Nebraska

• Title: Nebraska Right to Abortion Initiative
• Attempting a citizen-initiated effort.
• Organizers need to submit 124,465 valid signatures by July 3, 2024, to qualify for the ballot. Organizers say they submitted more than 207,000 signatures now under review.
• Would prohibit restrictions on abortion until after viability.
• Threshold for passage: Majority vote and minimum of at least 35,000 voters approving the change.
• Current law protects preborn babies starting at twelve weeks gestation.

What Can You Do?

Here are four ways you can help defeat these abortion measures this fall.

1. Volunteer your time to the cause.
2. Donate to the effort to defeat the abortion amendment in your state.
3. Contact friends and family in states with abortion amendments and urge them to vote against constitutionalizing abortion.
4. Pray that these initiatives would lose at the ballot box this November.

Image credit: Ballotpedia