More than Two years after the U.S. Supreme Court Overturned Roe v. Wade, and ended the Federal Constitutional Right to an Abortion, Voters in 10 States cast Ballots on whether to Add Reproductive Rights in their State Constitutions.
Arizona: Arizona Voters will Approve a Measure to Enshrine the Right to an Abortion in the State Constitution up to Fetal Viability.
The Win for Reproductive Rights Advocates, will expand Access to the Procedure in the State, which currently Bans Abortion at 15 weeks into Pregnancy. Doctors believe Fetus Viability to be around 22 to 24 Weeks.
The Arizona State Supreme Court Voted in April, to Uphold a Civil War-era Total Ban on Abortion, sparking National Outrage and prompting State Lawmakers to Repeal the Ban before it could take effect. Abortion Rights Supporters said the moment served as a stark reminder of what could come if Reproductive Rights weren’t Enshrined in the State Constitution.
Colorado: Colorado Voters will Approve a Measure to Enshrine the Right to an Abortion in the State Constitution. While Abortion remains Legal in the State, with No Gestational Limit, the Approval of the Amendment means Public Funds can be used toward Abortions.
That will clear the way for the State to potentially cover Abortions under Medicaid and some State Employee Health Insurance plans. Abortion Rights Supporters say this will go a long way toward Expanding Abortion Access, especially among Low-Income Individuals.
Florida: A Florida Measure to Protect the Right to an Abortion up to the point of Viability will Fail. Although the Measure is Projected to receive a Majority of Votes, it will Not meet the 60% Voter Threshold needed to Pass.
Both Abortion Rights Supporters and Opponents campaigned Fiercely on the Issue. A Federal Judge recently Accused Officials of Gov. Ron DeSantis’ (R) Administration of attempting to Violate First Amendment Rights, in their Campaign against the Ballot Measure.
The State once served as a Critical Access point for Patients from Southern States with more Restrictive Abortion Policies.
Maryland: Voters in Maryland will Approve a Measure to enshrine Reproductive Protections, including the Right to End a Pregnancy, in the State’s Constitution. The Procedure is already Legal in the State with No Gestational Limit.
In 2023, Maryland enacted a Shield Law Protecting its Abortion Providers from Investigations by other States. While the State’s Vote will have little impact on Abortion Access for its own Residents, Proponents say it’s important to Solidify Reproductive Freedoms in a State that has become an Access Point for Out-of-State Patients.
Missouri: Voters will Approve a Measure to Enshrine the Right to an Abortion, up to the point of Viability. in the State’s Constitution'
The Measure will establish a Right to make Reproductive Care Decisions without Government Interference, and Protect those Seeking or Providing Care from Government Siscrimination.
The Projected Win for Reproductive Rights Advocates will greatly Expand Access to Abortion in the State, where the Procedure is currently Banned with No Exceptions for Rape or Incest. Doctors believe Fetus Viability to be around 22 to 24 Weeks of Pregnancy.
Montana: Will Approve a Measure to Amend the State’s Constitution to Protect the Right to make Decisions about One’s Own Pregnancy, including the Right to an Abortion, through Fetal Viability or when Needed to Protect the Pregnant Patient’s Life or Health. While Abortion is currently Legal through Viability in Montana, the Measure will shore-up the Right to the Procedure in Montana by Enshrining a 1999 State Supreme Court Ruling. Gov. Greg Gianforte )(R) Signed a Law in 2023 that Specified that Access to an Abortion is No Longer Protected under the Right-of-Privacy in the State’s Constitution, Challenging that Precedent.
Nebraska: Voters will Approve a Measure to Enshrine the State’s current 12-week Abortion Ban into the State’s Constitution, with exceptions for Rape, Incest, and Medical Emergencies.
The Measure was One of Two Abortion-related Initiatives on the Ballot. Voters are Projected to Reject a Competing Measure to Enshrine the Right to an Abortion until Viability or to Protect the Health of the Pregnant Woman in the State’s Constitution.
This year marked the First time in State History that Two Conflicting Petition efforts made the same Ballot. Organizers campaigned Fiercely to get their respective Measures on the Ballot, with each side accusing the Other of using Misleading Tactics.
Nevada: Voters will Approve a Measure that would Establish the Fundamental Right to an Abortion up to the point of Fetal Viability in the State’s Constitution. To Amend the Constitution, however, Nevada Voters will still have to Approve the Measure again in 2026.
New York: Voters will Approve a Measure that would Amend the Equal Protection Clause of the State’s Constitution, to say that a Person’s Rights Cannot be Denied due to “pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy.”
The Amendment Survived several Legal Challenges to make it onto the State Ballot. It seeks to provide Protections against Discrimination due to a number of Factors, including Pregnancy Outcomes, Age, Disability, Sexual Orientation. and Gender Identity.
South Dakota: Voters in South Dakota will Reject a Measure that would have Guaranteed a Constitutional Right to an Abortion, with Regulations, during the First and Second Trimesters of Pregnancy. v Reproductive Rights Advocates were hopeful this Measure would Return Abortion Access to Pregnant Survivors of Rape or Incest, who have No Abortion Options under the State’s Current Law.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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