After the annulment of the decision of the Supreme Court Roe v. Wade enacted in 2022, states were given the power to decide how to proceed with reproductive health care.
According to an Associated Press-NORC poll conducted in June, 70% of Americans believe abortion should be legal in all or most cases, although several states have begun to enact or enforce pre-Roe deer abortion bans.
During the 2024 election, voters in 10 states had the opportunity to express their views on abortion rights through amendments aimed at enshrining protections in their state constitutions. Here are seven states that successfully voted to protect reproductive freedom and three that did not.
Arizona – PAST
In April, Arizona passed an almost complete ban on abortion and ruled that doctors can be criminalized for providing or assisting in the procedure. In August, the Secretary of State’s office announced that it had verified enough signatures to place the Arizona Abortion Access Act on the ballot.
Arizona’s Abortion Access Act, or Proposition 139, asked voters to agree that every person has a “fundamental right” to an abortion before fetal viability — the point at which a fetus can survive outside the womb, usually around 24 weeks of pregnancy.
Colorado – PASSED
In May, the Colorado Abortion Rights and Health Insurance Initiative — Amendment 79 — received enough petition signatures to place it on the ballot. His goal was to ensure that the right to abortion was added to the state constitution and that public funds were allowed to be used for abortion.
Abortion is currently legal in Colorado. However, this amendment was proposed to prevent the government from taking away that right. It also sought to overturn a 1984 measure barring health insurance from covering abortion care for “public employees and persons on public insurance.”
Florida – FAILED
In May, Florida outlawed abortion after just six weeks of pregnancy — when fetal heart activity is detected but before many women are aware of their pregnancy.
The amendment to limit government interference in abortion, or Amendment 4, proposed guaranteeing reproductive freedom. It stated that “no law shall prohibit, penalize, delay, or limit abortion before viability is possible or when it is necessary to protect the health of the patient, as determined by the patient’s health care provider.”
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A sign in support of abortion rights in front of a North Miami Beach clinic.
Josh Ritchie for The Washington Post via Getty
Maryland – PASSED
In Maryland, abortion is currently legal before the fetus is viable. However, in this election, voters voted in a referendum on reproductive freedom. This proposed adding a section to the state constitution guaranteeing reproductive freedom, which includes “the ability to make and implement decisions to prevent, continue or terminate one’s own pregnancy.”
Missouri – PASSED
In 2022, Missouri passed a “trigger” law that effectively banned abortion with exceptions only for special medical emergencies.
Amendment 3, the Missouri Right to Reproductive Freedom, offered voters the opportunity to protect the right to abortion until fetal viability, while making other forms of reproductive health care a fundamental right.
Montana – PASSED
In Montana, abortion is currently legal until the fetus is viable.
The Abortion Rights Initiative, or CI-128, proposed amending the state constitution to “provide the right to make and enforce decisions about one’s pregnancy, including the right to have an abortion.” It also included language barring the government from denying that right until the fetus is viable or when “medically indicated to protect the life or health of the pregnant patient.”
Nebraska – FAILED
Abortion is currently prohibited in Nebraska after 12 weeks of pregnancy, with exceptions in cases of rape, incest or saving the life of the mother.
Unlike other states, Nebraska had two bipartisan measures in the general election. The Nebraska Abortion Rights Initiative sought to enshrine in the state constitution the right to abortion until fetal viability or to save the life of the mother.
In addition, Nebraska voters received a controversial proposal that would have banned second- and third-trimester abortions, with exceptions in cases of rape, incest or medical emergencies.
The proposal to ban abortion prevailed.
Nevada – PASSED
Abortion is currently legal in Nevada up to 24 weeks of pregnancy or if the pregnancy could be fatal to the mother.
Question 6, or the Abortion Rights Initiative, asked voters to amend the state constitution to ensure the right to abortion until fetal viability or when necessary to protect the life or health of the mother.
New York – PAST
In New York, abortion is currently legal up to 24 weeks of pregnancy. After that, the procedure is allowed only in cases where the pregnancy or the life of the mother is at risk.
Proposition 1, or the New York State Equal Rights Amendment, gave voters the option to amend the state constitution and prohibit government discrimination based on pregnancy, pregnancy outcomes, and reproductive health care and autonomy.
South Dakota – FAILED
Abortion is currently prohibited in South Dakota due to a “trigger” law that went into effect in June 2022. There are exceptions in cases where the procedure is necessary to save the life of the mother.
The South Dakota Freedom Amendment sought to amend the state constitution and “restore the protection Roe v. Wade,” allowing the right to an abortion before 12 weeks of pregnancy. During the second and third trimesters, the procedure would be legal in cases where the mother’s life is at risk.
Categories: Trends
Source: HIS Education