LIVE BLOG: Victories and losses for unborn lives in Tuesday’s elections

Recap, 3:54 a.m.: Pro-life advocates scored victories and experienced losses on Tuesday as states voted on ballot measures related to abortion. Here's a roundup of some of the races that were called as of Wednesday morning:

• A proposed Florida amendment to establish a constitutional right to abortion before a baby could survive outside the womb failed to garner enough votes to pass.

• A Maryland constitutional amendment guaranteeing a right to so-called reproductive freedom is likely to pass, according to the Associated Press.

• Voters in Missouri approved a ballot measure codifying abortion in the state and barring any legislation to regulate or restrict abortion before a baby can survive outside the womb.

• Nebraska voters approved a measure to protect babies from abortion after the first trimester.

• Voters in New York approved a constitutional amendment to expand anti-discrimination rights to include things like sexual orientation, self-identified gender, and “pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy.”

Update: 4:10 a.m.: Voters in Arizona approved a measure enshrining a right to an abortion abortion under the state’s constitution with over 62% support, according to the Associated Press. The measure would protect babies from abortion once they could survive outside the womb, with exceptions for the life of the mother.

Nevada voters also gave the first vote of approval to a measure enshrining a right to an abortion. The ballot initiative passed by about 63% and would prohibit abortion once a baby is viable outside the womb, with exceptions for the life and health of the mother. The initiative must pass again in 2026 in order to take effect.

Update, 3:15 a.m.: Voters in Missouri approved a ballot measure codifying abortion in the state, according to the Associated Press. It bars any legislation to regulate or restrict abortion before a baby reaches viability and passed with about 52% support. The measure includes loopholes for abortion after viability for health reasons, including mental health.

Nebraska voters approved a measure to protect babies from abortion after the first trimester, according to the Associated Press. The measure passed with 55% support and includes exceptions for medical necessity and cases of sexual assault or incest.

South Dakota voters voted down a measure to allow abortion within the first trimester of pregnancy with limitations for the remainder of the pregnancy, per the Associated Press. Over 60% of voters blocked the pro-abortion measure.

Update, 11:20 p.m.: Colorado’s proposed constitutional amendment to remove a state prohibition on using public funding for some abortions is likely to pass, according to a projection by the Associated Press. The measure also would create a constitutional right to abortion. Colorado law requires 55% of the vote for the amendment to be enacted.

Update, 10:15 p.m.: The Associated Press at 10 p.m. projected the New York constitutional amendment was likely to pass. The proposal had 63% approval with nearly 70% of votes counted. The measure would expand anti-discrimination rights to include things like sexual orientation, self-identified gender, and what it calls “pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy.”

The headstone of Susan B. Anthony was covered in voting stickers in Rochester, N.Y. on Election Day. Associated Press/Photo by Lauren Petracca

Update, 10 p.m.: A Maryland constitutional amendment guaranteeing a right to so-called reproductive freedom is likely to pass with 74% approval from roughly half of the precincts reporting results. The Associated Press projected the ballot item was likely to pass at 9:30 p.m. The measure defines reproductive freedom as “the ability to make and effectuate decisions to prevent, continue, or end ones’ own pregnancy.” Abortion is already legal in Maryland.

Update, 9:05 p.m.: Florida’s proposed amendment to establish a constitutional right to abortion before a baby could survive outside the womb failed to garner enough votes to pass. With 90% of precincts reporting, 57% of residents voted in favor of the amendment. The measure required 60% of the vote to pass.

In a news release, SBA Pro-Life America President Marjorie Dannenfelser said the vote will keep in place a Florida law that protects babies after six weeks of gestation.

Original story, earlier Tuesday: Voters in 10 states this election cycle considered ballot items aimed at removing or restricting protections for unborn babies. Opponents said the measures also challenged parental rights and, in some cases, could allow minors to access so-called transgender surgeries without parental involvement. Residents are voting on whether to expand abortion access, limit protections for unborn babies, and enshrine abortion into their state’s constitution.

What are the details of these ballot items?

• Ballot issues in Florida, Arizona, and Montana would establish a right to abortion until a baby could survive outside the womb, followed by broad health exceptions for the woman’s health. While most state constitutional amendments require a simple majority, Florida needs 60% of the vote.

• The Nevada Reproductive Rights Amendment is much similar to pro-abortion proposals in other states. Nevada voters need to approve an amendment in two separate elections for it to take effect.

• In Maryland and Missouri, ballot items would guarantee a right to so-called reproductive freedom, a general term that pro-lifers say could include transgender surgery. Missouri’s proposal, for instance, would prohibit laws that would restrict or regulate abortion before the unborn baby reaches viability—or after viability, for broad health reasons including the mental health of the woman.

• In Colorado, Proposed Initiative 89 would remove the state’s current prohibition on using tax dollars to pay for the procedure. The measure would establish a right to abortion without a viability limit. The ballot item needs 55% of the vote in order to be enacted.

• In New York, the Equal Rights Amendment would add so-called gender identity and “pregnancy outcomes” as protected categories in the state’s constitution.

• South Dakota’s Constitutional Amendment G would allow women to obtain abortions during the first trimester and would protect babies in the second and third trimester as long as it is “reasonably related to the physical health of the pregnant woman.” The amendment would still allow abortions in the third trimester if the mother’s life or health is at risk.

• Competing initiatives in Nebraska would protect most babies from abortion after the first trimester or allow abortion up to the point of viability and afterward for broad health reasons.

Dig deeper: Read Erin Hawley’s opinion piece about the importance of Christians voting to protect life during this election.