In the first general election since the overturning of Roe v. Wade, voters across 10 states addressed the future of abortion laws through ballot measures. These proposed laws are put to the electorate for approval or rejection during elections.
Notably, Missouri voters opted to restore abortion rights, while Florida's amendment to solidify reproductive rights did not meet the required threshold for passage, receiving 57% of the vote but needing 60%. This marks the first pro-abortion rights ballot measure to fail since Roe was overturned.
Saul Loeb/Getty Images
Most other states chose to maintain existing laws or reinforce protections. In progressive states like New York, Colorado, and Maryland, voters successfully backed measures to enhance current legislation.
Meanwhile, voters in Arizona, Montana, and Nevada supported measures to codify existing or similar protections, even as they leaned toward Trump in the presidential race. Conversely, Nebraska and South Dakota rejected measures aimed at restoring abortion rights.
Below is the current status of abortion laws in each state.
Arizona Proposition 139
AZ Central
Pass
Arizona voters approved Proposition 139, granting residents the “fundamental right” to abortion before fetal viability. This term is defined as when, in the professional judgment of a healthcare provider, a fetus has a reasonable chance of survival outside the womb. Currently, Arizona permits abortion up to 15 weeks, with exceptions for medical emergencies. Prop 139 will allow abortions later in pregnancy when many fetal anomalies are detected, thereby codifying reproductive rights into law.
Colorado Amendment 79
Pass
Colorado continues to lead in reproductive rights, now officially enshrining these rights into its constitution. Voters approved Amendment 79, guaranteeing the right to abortion without government interference, including prohibiting health insurance coverage limitations for abortion. The amendment also repeals a 1984 law preventing public funds from being used for abortions and requires 55% approval to pass.
Florida Amendment 4
Central Florida Public Media
Didn’t Pass
Floridians did not achieve the required threshold for Amendment 4, which sought to legalize abortion up to the point of viability. While 57% supported the measure, it fell short of the 60% needed. This failure marks the first pro-abortion rights ballot measure to not pass since the overturn of Roe v. Wade in 2022. Florida's current law bans abortions after six weeks, without exceptions for rape or incest.
Maryland Question 1
Baltimore Banner
Pass
Maryland's amendment is primarily a preventive measure, as the state does not currently impose any gestational restrictions on abortion. Voters approved the amendment, ensuring that everyone has the right to make decisions regarding their pregnancy. Advocates emphasize the necessity of this measure amid ongoing attacks on reproductive rights.
Missouri Amendment 3
AP
Pass
Missouri voters rejected their restrictive abortion ban, passing Amendment 3 with 53% approval. This change will legalize abortion up to fetal viability, countering the current law, which only permits the procedure in cases of medical emergencies.
Montana Constitutional Initiative-128
Daily Montanan
Pass
Montana voters chose to amend their constitution to protect the right to abortion. CI-128 establishes the right to make decisions regarding pregnancy and prohibits restrictions before fetal viability, while also safeguarding access if the pregnant person’s life is at risk.
Nebraska: Initiative 434 and Initiative 439
Nebraska Public Media
Pass and Didn’t Pass
In Nebraska, voters faced two competing measures regarding abortion. They passed Initiative 434, which maintains the current ban on abortion after 12 weeks while allowing for exceptions. Initiative 439, which aimed to restore reproductive rights further into pregnancy, was rejected.
New York Proposal 1
The Washington Post
Pass
New York voters approved Proposal 1 as part of an Equal Rights Amendment to the state constitution, expanding protections against discrimination to include reproductive healthcare and autonomy. This amendment will safeguard reproductive freedom in the state, where abortion is allowed up to 24 weeks.
Nevada Question 6
KRVN
Pass
Nevada voters amended their constitution to protect reproductive rights, asserting the right to abortion care up to fetal viability. This measure secures existing laws, allowing abortions for health or life preservation.
South Dakota Constitutional Amendment G
The South Daokta Standard
Didn’t Pass
Voters in South Dakota rejected Constitutional Amendment G, which would have codified the right to an abortion in the first trimester. The current ban remains in place, limiting access with few exceptions.
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