10 states had abortion rights on the ballot this year, following the 2022 Supreme Court decision to overturn of Roe v. Wade.
Arizona, Colorado, Florida, Maryland, Missouri, Montana, Nebraska, Nevada, New York and South Dakota voters decided whether to amend their state constitution to ratify the right to abortion. The wording of the amendments varies state to state, some specifying that the right to an abortion will only be protected through the first trimester, while others leave the issue more open-ended.
Nebraska had two competing reproductive rights amendments on the ballot: Initiative Measure 434 to prohibit abortion after the first trimester, and Initiative Measure 439 to codify the right to an abortion up to the point of “fetal viability,” about 22-24 weeks gestation. Initiative Measure 434 passed with 55% approval, meaning the state’s current abortion restrictions will be codified in the state constitution.
New York’s Proposition 1 passed with 61.8% approval. The proposition extends equal protection in the New York state constitution to forbid discrimination on the basis of national origin, age, disability, sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes or “reproductive healthcare and autonomy.” Supporters of the proposition say it will enshrine abortion rights in the state; however, the ambiguity in amendment’s language (specifically the exclusion of the word “abortion”) may leave room for different interpretations.
Florida fell short of the 60% supermajority needed to pass Amendment 4, which would have ratified the right to abortion up until fetal viability, or when “necessary to protect the patient’s health.” South Dakota’s amendment also failed to pass, with 41.4% approval. Abortion is prohibited in both states after six-weeks gestation.
Missouri passed Amendment 3, establishing a right to reproductive freedom two years after becoming the first state to ban abortion outright.
Amendments to protect abortion rights also passed in Arizona, Colorado, Maryland, Montana and Nevada.
Last updated Nov. 6 at 3:45 pm.
