It’s clear that, for many people, abortion law and reproductive rights after Roe v. Wade are consequential issues compelling them to vote in the 2024 general election.
But while voters across the US will be able to weigh in on the issue indirectly by who they choose for president, voters in 10 different states will have a more direct opportunity to show how they feel. Ballot measures are proposed laws that voters decide to pass or not pass during an election, and this year, 10 states have measures about abortion on the ballot.
The states where voters will be able to weigh in on abortion rights vary. Some, like Colorado, are already among the most progressive areas in the country on the issue, and want to turn their current laws into Constitutional amendments to shore them up ahead of a potential Donald Trump presidency. Others, like Missouri, are letting voters decide whether or not to roll back extremely restrictive bans on abortion that were passed after the fall of Roe.
Below, you can find Glamour’s primer on each ballot measure, what it will change or not change, and the current status of abortion laws in each state. As the ballot measures are decided on Election Night, come back to this page for a running list of which passed, and which did not.
Arizona Proposition 139
The laws surrounding abortion in Arizona post-Dobbs are complex. But in the 2024 election, voters will have a chance to (somewhat) change that by choosing whether to enact Proposition 139. It states that Arizonans will have the “fundamental right” to abortion before the point of fetal viability.
Now, fetal viability, of course, is complicated, as there’s no clear date upon which a fetus suddenly becomes “viable” (in fact, the American College of Obstetrics and Gynecology “strongly discourages” using this language in abortion legislation because of this). According to the proposition, though, this term conveys the point at which “in the good-faith judgment of a treating health care professional, the fetus has a significant likelihood of survival outside the uterus.”
Currently in Arizona, abortion is legal up to 15 weeks of pregnancy, and is allowed after the fact if there’s a “medical emergency.” So, Prop 139 would not only allow abortions later in pregnancy, when many fetal anomalies are first detected, but would enshrine reproductive rights into law.
Colorado Amendment 79
Colorado has been among the most liberal states in the nation when it comes to reproductive rights; it’s one of a handful that doesn’t put a restriction on abortion at any stage. But now, the state is taking a step to enshrine those rights into its Constitution.
Amendment 79 would make the right to an abortion a recognized guarantee, ensuring that the government can “not deny, impede, or discriminate against the exercise of that right, including prohibiting health insurance coverage for abortion.” It also would repeal an amendment from 1984, which stops public funds from being used for abortions.
Since the measure is an amendment to the state Constitution, it will require 55 percent of the vote to pass.
Florida Amendment 4
Floridians are going to have the chance to substantially restore reproductive rights in their state on Election Day with Amendment 4, which would make abortion legal up to the point of viability.
The amendment would further protect the right to choose by stating that “no law shall prohibit, penalize, delay, or restrict abortion” under these circumstances in the future. Past the point of viability—which again, is an imperfect measure—abortion would also be legal in cases where it is necessary to “protect the patient’s health, as determined by the patient’s healthcare provider.”
The amendment would be a huge win for advocates, as Florida’s Republican-controlled legislature enacted a near-total abortion ban earlier this year. The current law bans abortions after 6 weeks of gestation, aka two weeks after a missed period and before many women even know they are pregnant. It doesn’t include exceptions for rape or incest. It also makes it a felony for doctors if they are charged with performing an abortion outside of these narrow legal parameters. If Amendment 4 passed therefore, it would not only restore abortion rights for Floridians, but supporters also are intending that it would ensure they would be protected in the future.
Maryland Question 1
Like Colorado, Maryland’s amendment on abortion rights is more of a preventive measure rather than a mandate that will enact sweeping change. That’s because the state similarly does not restrict abortion at any gestational age, making it another of one of the most progressive places in the country for reproductive rights.
However, advocates in Maryland introduced the amendment to ensure that these rights can never be tampered with. “With reproductive rights under attack, we must amend our state constitution to ensure politicians can never undermine our rights in the future,” organizers of the amendment said.
If passed, the amendment will enshrine in the state’s Constitution that every person has “the ability to make and effectuate decisions to prevent, continue, or end one’s own pregnancy.”
Missouri Amendment 3
Amendment 3 in Missouri had a 18-month fight to even appear on the ballot. In September, the state’s Supreme Court ruled that the amendment, which would strike down Missouri’s current abortion ban and legalize the procedure until fetal viability, could be taken to voters after a challenge from pro-life activists and lawmakers. They had argued, according to St. Louis Public Radio, that the initial petition for the measure was invalid.
Now, Missouri voters will decide whether they want to restore reproductive rights in the state or stick with its current ban, which restricts the procedure in nearly all cases. The only exception is for “cases of medical emergency,” which the law does not further define.
The state was one of the first to nearly totally ban abortion post the fall of Roe, with its “trigger law” going into effect the same day.
Montana CI-128
In Montana, voters will also have the chance to further enshrine current law on abortion by amending their state’s Constitution. CI-128 would make it Constitutionally-protected for people to “make and carry out decisions about one’s own pregnancy, including the right to abortion.”
The measure also draws the line at fetal viability, saying the state cannot enact any restrictions on the procedure before that milestone, and further says the state cannot restrict abortions if the life of the pregnant person is at risk.
The measure wouldn’t change much on the ground in Montana, where current law already allows for abortion up to the time of fetal viability. But advocates say it’s an important step to make sure those protections never go away. “This is an exciting opportunity to secure our rights for generations to come,” the ACLU of Montana stated.
Nebraska: Initiative 434 and Initiative 439
Nebraskans have perhaps the most unique ballot regarding abortion on Election Day: they will cast their votes on two, competing measures on the issue.
The first, Nebraska Initiative 434, would essentially keep things as-is. Currently, Nebraska bans abortions after 12 weeks of gestation, and the measure would amend the state’s Constitution to state that “unborn children shall be protected from abortion in the second and third trimesters.” It does include an exception for the health of the pregnant person or rape and incest.
The second, Nebraska Initiative 439, would also amend the state’s Constitution, but would restore reproductive rights further into pregnancy. It states that pregnant people would have a “fundamental right to abortion” up until the time of viability, or when the life or health of the patient is at risk. If you’re wondering what happens if voters vote yes on both measures, the one with the most votes overall will win.
New York: Proposal 1
New York voters have the chance to enshrine abortion rights into law as part of a larger measure to ensure women will be treated fairly under the law.
Proposal 1, or the state’s Equal Rights Amendment, proposes amending the state Constitution to add several protected classes to the clause that now protects against discrimination based on “on race, color, creed, or religion.” The new version would also ban discrimination based on “ethnicity, national origin, age, disability, sex, including sexual orientation, gender identity, gender expression, pregnancy, and pregnancy outcomes, and reproductive healthcare and autonomy.” Enshrining these protections into law would have the effect of protecting reproductive freedom in the state, which currently allows for abortions up to 24 weeks, and at any time if your health or pregnancy is at risk.
It’s an interesting approach to enshrining abortion rights into law, especially because the amendment doesn’t use the word “abortion.” Proponents say that wording the law in this way is meant to be a protection against any sort of federal anti-abortion law that could hypothetically arise, according to The City.
Nevada: Question 6
In Nevada, voters will get a chance to amend their state’s Constitution to protect reproductive rights under slightly different wording.
In its ballot measure, the right to abortion care up to fetal viability is referred to as an “individual’s fundamental right,” one which the measure says will allow “an individual to make their own decision.” It also would allow an individual to get an abortion to protect their own health or life.
Nevada abortion law hasn’t changed since Roe was overturned, and is currently allowed up to fetal viability, which it defines as 24 weeks. Similar to some of the other measures, this would fortify current law rather than create anything new.
South Dakota: Constitutional Amendment G
In South Dakota, abortion is currently banned with very limited exceptions, and if medical professionals are charged with unlawfully performing the procedure, they could face the risk of being charged with a felony. But now, voters have the chance to change that.
Constitutional Amendment G is not as progressive a measure as some of the others being considered in other states, as it only codifies the right to an abortion within the first trimester, during which, it states, the procedure may not be regulated. During the second trimester, abortion may be regulated but “only in ways that are reasonably related to the physical health of the pregnant woman,” while in the third, abortion may be regulated or banned except for when the pregnant person’s health or life is at risk.
If passed, the Argus Leader reported, the amendment would invalidate the current abortion ban, which went into effect the same day Roe was overturned.
The post Abortion Law: Here’s Every State Where Reproductive Rights Are on the Ballot appeared first on Glamour.
