7 states vote in favor of enshrining protections for abortion into law

On Election Day, voters across 10 states weighed in on whether to enshrine legalized abortion into their state constitutions, marking a significant moment over two years after the Supreme Court’s decision to overturn Roe v. Wade and return abortion regulation to the states.

In the majority of these states, voters passed measures to protect abortion. These states included Arizona, Colorado, New York, Maryland, Missouri, Montana, and Nevada, which all approved measures to expand or solidify legal protections for abortion, according to CNN.

Missouri voters approved a measure making abortion constitutionally protected until the point of viability, estimated by doctors to be around 22 to 24 weeks. This represents a major shift for Missouri, which previously had one of the strictest abortion laws in the nation, banning the procedure entirely with no exceptions for rape or incest.

Arizona voters approved a measure moving the state’s abortion limit from 15 weeks to fetal viability. This decision comes after the Arizona Supreme Court upheld an abortion ban from the 1800s earlier this year, a ruling that prompted lawmakers to repeal the old ban amid public backlash including from former President Donald Trump.

In New York, voters approved an amendment expanding the state constitution’s equal protection clause. Although it does not mention abortion specifically, it protects those rights related to “sex, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy.” Republicans raised concerns that the amendment might also allow transgender-identifying biological male athletes to compete in women’s sports and minors to receive transgender treatments without parental consent, according to NPR. 

Not all states moved to protect further expand the practice of abortion. Florida voters narrowly defeated a measure that would have protected abortion up to viability, falling short of the 60% support required for it to pass. This rejection comes as Florida has leaned increasingly more conservative under Governor Ron DeSantis’ leadership.

South Dakota voters also declined a measure that would have created a constitutional protection for abortion during the first and second trimesters.

In Nebraska, voters faced competing abortion measures: one enshrining the state’s current 12-week abortion ban and another expanding abortion the practice up to viability. This election marked the first time Nebraska included conflicting petitions on the same ballot. Voters ultimately chose to enshrine the 12-week ban in the state constitution, rejecting expanded access.