When the U.S. Supreme Court overturned Roe vs. Wade In June 2022, it abolished the constitutional right to abortion and returned the power to regulate abortion procedures to states. Now, in the midst of a heated presidential election won by Donald Trump, a handful of states have voted to enshrine reproductive rights in their state constitutions.
On Tuesday, Americans in 10 states voted on ballot initiatives to protect or expand access to abortion. Seven of these states successfully passed safeguards, highlighting the widespread unpopularity of restrictive abortion policies.
Arizona, Colorado, Maryland, Missouri, Montana, Nevada, and New York have passed referendums supporting abortion rights, while Florida, Nebraska, and South Dakota have restored or expanded access. The measures failed. Abortion is already legal until viability in Maryland, Montana, and New York, and without restrictions throughout pregnancy in Colorado, so the passage of these bills would increase access to abortion in these states. Nothing will change.
Nevada currently allows abortions up to 24 weeks, but a ballot measure passed Tuesday would extend abortions until the fetus is viable. Voters would have to approve the measure again in 2026 to formally amend the state constitution.
Arizona and Missouri are two of many states that have moved to restrict access to abortion after the law’s repeal. Roe vs. Wade. Arizona banned abortions after 15 weeks of pregnancy, but a newly passed amendment would make that law unconstitutional. In Missouri, a trigger law prohibited abortion at any point in pregnancy except to save the pregnant person’s life. This law was one of the strictest anti-abortion laws in the county and made no exceptions for rape or incest. But on Tuesday, voters supported an amendment that would amend the Missouri Constitution to repeal that ban and protect access to abortion.
In Florida, an amendment to ban restrictive abortion laws received 57% of the vote, below the 60% threshold needed to pass. The state currently bans abortions at six weeks of pregnancy and has other abortion restrictions in place.
Meanwhile, voters in Nebraska considered competing ballot measures on abortion rights, ultimately passing one that upheld a ban on abortions after 12 weeks of pregnancy. South Dakota voters rejected a proposal to protect abortion rights, keeping a near-total ban in place.
