Abortion, coming to a ballot near you

Blue states

Arizona Proposition 139: Arizona Abortion Access Act

The law: Current law in Arizona protects unborn babies after 15 weeks gestation except in medical emergencies.

The language: The amendment from Arizona for Abortion Access would add language establishing “a fundamental right to abortion” to the state constitution. It would prohibit the state from restricting abortion before fetal viability or when a healthcare professional considers an abortion “necessary to protect the life or physical or mental health of the pregnant individual.”

The opposition: Pro-life groups behind the It Goes Too Far campaign are urging voters to consider that “the law in Arizona has been settled. Abortion is legal up to 15 weeks and beyond that for medical emergencies,” according to the campaign’s website. The amendment, it says, would wipe out “commonsense safety precautions” and legalize abortion for essentially any reason after viability because of the broad mental health exception.

The polling: An August poll by SSRS for CNN found that the amendment had support from 62 percent of voters, while a Fox News poll, also in August, found support from 73 percent of voters. The amendment needs a simple majority to pass.

Colorado Amendment 79: Constitutional Right to Abortion

The law: Colorado law grants pregnant women a fundamental right to have an abortion while explicitly denying rights to unborn babies. The state does not protect unborn life under any circumstances.

The language: The amendment from Coloradans for Protecting Reproductive Freedom would put similar language directly in the state constitution. Its explicit acknowledgment of a “right to abortion” would prohibit the government from denying, impeding, or discriminating against “the exercise of that right” in future laws. It would also strike from the constitution a section that prohibits the use of taxpayer dollars to fund abortions.

The opposition: Colorado Right to Life has sued the state of Colorado over its 2024 ballot information booklet, which claims that the measure will “have no fiscal impact to state and local governments.” Executive director Scott Shamblin said in a guest column for The Gazette that the booklet’s claim is false, given that the amendment “would repeal the current ban on using taxpayer money to fund abortions and open the door for Medicaid and public employee health plans to cover abortion services.” He adds that the language would prevent lawmakers from passing legislation “to protect pre-born babies and their mothers.”

The polling: According to Colorado Politics, supporters of the amendment found that 60 to 70 percent of survey respondents backed the measure last year. It needs 55 percent of the vote to pass.

Maryland Question 1: Right to Reproductive Freedom Amendment

The law: Maryland voters in 1992 approved a statute prohibiting the state from interfering with an abortion decision before the point in pregnancy when a baby can live outside the womb. Abortion is legal in Maryland for any reason before viability and after that when necessary to protect a woman’s life or health or if the baby has a genetic defect.

The language: The amendment—initiated by the legislature in 2023—would add to the constitution’s declaration of rights the assertion that “every person … has the fundamental right to reproductive freedom” including ending a pregnancy. It would prohibit the state from denying, burdening, or abridging that right “unless justified by a compelling state interest achieved by the least restrictive means.”

The opposition: The group Health Not Harm MD points out on its website that “abortion rights … are already fully protected under state law.” It says the amendment targets children for sterilization and medical attempts to change their sex characteristics. The group also says the measure would make abortion unsafe in the state by preventing the legislature from passing laws to safeguard women.

The polling: A 2022 Washington Post-University of Maryland poll found that 78 percent of voters supported a pro-abortion constitutional amendment. It needs support from a majority of voters in order to pass.

New York Proposal 1: Amendment to Protect Against Unequal Treatment

The law: New York law already recognizes a “fundamental right … to have an abortion” and allows abortion for any reason until 24 weeks of pregnancy and after if the baby isn’t viable or the abortion is deemed necessary to protect the mother’s life and health.

The language: The ballot measure—approved by the legislature in the 2022 and 2023 legislative sessions—would add text to an existing article in the state constitution that already prohibits discrimination on the basis of race, color, creed, or religion. The additional language would amend the constitution to list “sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy” and additional categories as protected under the constitution.

The opposition: The Coalition to Protect Kids-NY has nicknamed the amendment “the Parent Replacement Act.” It warns that the proposal would allow gender-confused children to undergo surgery to change their sex traits without approval from their parents. It also could require schools to allow boys to play on girls’ sports teams. The coalition says the inclusion of abortion-related language is a distraction from the real issues of parental rights, given that New York law already “provides robust protections for abortion.”

The polling: An August poll from Siena College Research Institute found that 68 percent of surveyed voters support the amendment. It requires a simple majority to pass.

Nevada Question 6: Reproductive Rights Amendment

The law: Nevada voters in 1990 approved a state statute allowing licensed physicians to perform abortions in the first 24 weeks of pregnancy with broad health exceptions later in pregnancy.

The language: This year’s ballot measure from Nevadans for Reproductive Freedom would add to the state constitution “a fundamental right to abortion” until fetal viability or afterwards to protect the life or health of the “pregnant patient.” It expands the performance of abortions from licensed physicians to any “qualified healthcare practitioner.”

The opposition: Nevada Right to Life warns that the amendment is too vague and will result in judges deciding all abortion laws, keeping Nevadans out of the legislative process. The group says the amendment’s broad definition of fetal viability leaves the line for legal abortion up to the discretion of abortionists. It would also prevent a parental notification requirement long held up in courts from ever taking effect, allowing minors to get abortions without their parents knowing.

The polling: An August poll found that 75 percent of survey respondents would vote yes on the amendment while only 21 percent would vote against it. A majority of voters will have to approve the amendment in two consecutive elections in order for it to pass.

Red states

Florida Amendment 4: Amendment to Limit Government Interference with Abortion

The law: Current law in Florida allows for abortions until six weeks of pregnancy. It makes exceptions after that up to 15 weeks for cases of rape, incest, or human trafficking and through the second trimester if the baby has a “fatal fetal abnormality.” Abortion is legal throughout pregnancy to protect the mother’s life or physical health.

The language: The amendment from Floridians Protecting Freedom would add a section to the state constitution stating that “no law shall prohibit, penalize, delay, or restrict abortion before viability,” unless “necessary to protect the patient’s health.”

The opposition: Florida Voters Against Extremism warns on its website that the amendment keeps key terms undefined, including “viability” and “patient’s health,” leaving “loopholes resulting in more abortions later in pregnancy than voters intend.” The group also says that the amendment would overturn existing requirements that minors obtain permission from their parents before undergoing an abortion.

The polling: A September poll from Emerson College Polling/The Hill found that 55 percent of voters would vote yes on the measure. A Mainstreet Research Survey poll in August found that the measure had 56 percent support, while a poll commissioned by the Clean and Prosperous America political action committee found that 61 percent of voters would approve. The amendment requires a 60 percent supermajority to pass.

Missouri Amendment 3: The Right to Reproductive Freedom Initiative

The law: Missouri protects unborn babies from abortion starting at conception with exceptions for medical emergencies.

The language: The amendment from Missourians for Constitutional Freedom would add a section to the Missouri Constitution saying that the government shall not “deny or infringe upon a person’s fundamental right to reproductive freedom,” which it defines as including prenatal care, childbirth, abortion, and other pregnancy-related matters. It allows the General Assembly to enact laws regulating abortion after viability as long as it makes exceptions for the life or physical or mental health of the mother.

The opposition: The group Missouri Stands with Women distributed a “decline to sign” flyer during the signature gathering phase. It urged voters not to sign any petition “that lets lobbying groups and the government take away your rights and freedom” by “inject[ing] abortion politics where it doesn’t belong and where it isn’t wanted.” The flyer says the amendment could legalize abortion as a method of birth control.

The polling: An August Saint Louis University/YouGov poll found that 52 percent of voters surveyed said they would support the amendment while 34 said they would not. The amendment requires a simple majority to pass.

Montana CI-128: Right to Abortion Initiative

The law: Current law in Montana allows abortion until fetal viability and afterward to preserve the life of the mother.

The language: The amendment from Montanans Securing Reproductive Rights would add a “right to make and carry out decisions about one’s own pregnancy, including a right to abortion” to the state constitution. It would prohibit the government from interfering with that right except for after fetal viability as long as any law allows abortion to protect the life or health of the pregnant patient.

The opposition: The Montana Life Defense Fund says the amendment would eliminate parental consent requirements and allow any healthcare professional to decide if an abortion is necessary to protect the patient’s health. The group adds that the language would allow for abortions throughout pregnancy, including partial birth abortions.

Nebraska Initiative 439: Protect the Right to Abortion Constitutional Initiative

The law: Nebraska protects unborn babies from abortion after 12 weeks of pregnancy except in cases of sexual assault, incest, or medical emergency.

The language: The amendment from the Protect Our Rights campaign would add “a fundamental right to abortion until fetal viability” to the state constitution, also establishing a right to abortion when needed to protect the mother’s life or health. It defines “fetal viability” as the point when the “healthcare practitioner” judges that the baby can survive outside of the womb without resorting to “extraordinary medical measures.”

The opposition: The coalition Protect Women and Children is backing a competing ballot measure—Initiative 434—that would protect unborn babies from abortion after the first trimester except in cases of rape, incest, or medical emergency. According to the coalition’s website, the proposed amendment is a response to the initiative from pro-abortion groups, which they say would eliminate parental notification requirements and undermine conscience protections for medical professionals.

South Dakota Amendment G: An Initiated Amendment Establishing a Right to Abortion in the State Constitution

The law: South Dakota law protects unborn babies from abortion starting at conception except to save the life of the mother.

The language: The amendment from Dakotans for Health would prohibit the state from regulating first-trimester abortions altogether while allowing the state to pass abortion laws affecting second-trimester abortions “only in ways that are reasonably related to the physical health of the pregnant woman.” It would allow lawmakers to regulate or prohibit abortion altogether in the third trimester but requires the state to maintain exceptions for the life or health of the mother.

The opposition: The Life Defense Fund says the amendment would legalize abortions until birth, deny parents the right to know if their daughters are obtaining abortions, and cancel basic health and safety standards for abortion facilities.

The polling: A May survey of voters by Mason-Dixon Polling & Strategy found that 53 percent of participating voters supported the amendment, which requires a simple majority to pass.