This November, voters in 10 states will be asked to decide whether their state constitutions should be amended to include the so-called right to abortion.
The 10 states that will see an abortion initiative on the ballot are Florida, Colorado, Missouri, South Dakota, Arizona, Nebraska, Montana, Maryland, New York and Nevada.
While each measure’s language is unique, they all have the same effect: enshrining abortion in the state constitution. If these measures pass, they will be very difficult and costly to repeal.
Since Roe’s reversal just over two years ago, abortion activists have identified direct voting to be the most effective method to advance abortion policy in the states.
Their goal is to create a mini-Roe in each state constitution. Ironically, many of the proposed amendments go far beyond what Roe made legal and would arguably make it impossible for states to set reasonable limits on abortion like parental notification, safety standards for women, or prohibiting late abortions on healthy mothers and healthy babies.
After seven straight wins at the ballot box on abortion-related state-wide measures, the abortion industry is hedging its bets on this process giving them more wins this fall.
But five of the states targeted by the abortion industry (Florida, South Dakota, Missouri, Arizona and Nebraska), already have pro-life laws in place and a win for the abortion industry is not a given.
Many factors will impact the outcome of these campaigns including messaging, funding, threshold required for passage and cultural opinions of likely voters in each state.
Below is a snapshot of where each state currently stands on many of those factors.
State By State Analysis
Florida
Title: Florida Amendment 4, Right to Abortion Initiative
Citizen-initiated.
Current law protects babies from abortion beginning at six weeks gestation.
Proposed amendment would create a so-called right to abortion before viability (the time at which a baby can live outside the womb) or at any time to preserve the health of the mother. The health exception becomes a loophole for late-term abortion.
Threshold for passage: Supermajority vote of 60%.
August polling shows support for the amendment at 58% and 61% which is trending down from a July poll that showed support at 69%.
As of the most recent financial filing in August, the abortion committee has raised $42.5 million, while the pro-life committees reported $3.8 million in contributions.
Abortion Committee: Floridians Protecting Freedom
Pro-Life Committees: Florida Freedom Fund, Florida Voters Against Extremism, Keep Florida Pro Life, Do No Harm Florida and Life First
Colorado
Title: Colorado Right to Abortion
Citizen-initiated.
Current law allows for unrestricted abortion, and public funds cannot pay for abortion.
Proposed amendment would create a so-called constitutional right to unrestricted abortion and permit the use of taxpayer funded abortion.
Threshold for passage: Supermajority vote of 55%.
As of the most recent financial filing in July, abortion activists have raised $4.6 million, while pro-life groups are reporting about $3,000 in donations.
Abortion Committee: Coloradans for Protecting Reproductive Freedom
Pro-life Committees: Right to Know Colorado, Vote No on 89
Missouri
Title: Missouri Right to Reproductive Freedom Amendment 3
Citizen-initiated.
Current law protects preborn babies from the moment of conception.
Proposed amendment would prohibit restrictions on abortion until after viability or at any time to preserve the health of the mother. The health exception becomes a loophole for late-term abortion.
Threshold for passage: Majority vote (50% +1).
As of the most recent financial filing in June, abortion activists have raised $5.5 million, while the pro-life group is reporting approximately $200,000 in contributions.
Abortion Committees: Missourians for Constitutional Freedom, Abortion Action Missouri
Pro-Life Committee: Missouri Stands with Women, Missouri Right to Life PAC
South Dakota
Title: South Dakota Constitutional Amendment G, Right to Abortion Initiative
Citizen-initiated.
Current law protects babies throughout the entire pregnancy and allows an exception for the life of the mother.
Proposed amendment would prohibit restrictions on abortion during first trimester and allow for limited restrictions in the second and third trimester. Includes a health exception throughout the entire pregnancy permitting an abortion at any time for the health of the mother. The health exception becomes a loophole for late-term abortion.
Threshold for passage: Majority vote (50% +1).
June polling showed support for the abortion measure at 53%.
As of the most recent financial filing in May, abortion activists have raised about $350,000, while the pro-life group is reporting approximately $366,000 in donations.
Abortion Committee: Dakotans for Health
Pro-Life Committee: Life Defense Fund
Arizona
Title: Arizona Right to Abortion Initiative Constitutional Amendment, Proposition 139
Citizen-initiated.
Current law allows abortions through 15 weeks of pregnancy. Arizona courts paused enforcement of a prior pro-life law protecting babies from abortion at conception until September 26, 2024.
Proposed amendment would create a so-called right to abortion before viability or at any time to preserve the health of the mother. The health exception becomes a loophole for late-term abortion.
Threshold for passage: Majority vote (50% +1).
May polling showed support for the abortion initiative at 65%.
As of the most recent financial filing in July, abortion activists have raised $23.1 million, while the pro-life group is reporting approximately $866,000 in contributions.
Abortion Committee: Arizona for Abortion Access
Pro-Life Committee: It Goes Too Far
Nebraska
Title: Nebraska Right to Abortion Initiative
Citizen-initiated.
Current law protects preborn babies starting at twelve weeks gestation.
Proposed amendment would prohibit restrictions on abortion until after viability.
Threshold for passage: Majority vote (50% +1) and minimum of at least 35,000 voters approving the change.
Abortion Committee: Protect Our Rights
Pro-Life Committee: Protect Women and Children
Nebraska voters will also vote on a pro-life ballot measure this fall. If passed, the constitutional amendment would prohibit abortions in the second and third trimester. It includes exceptions for medical emergencies, rape and incest.
If Nebraska voters pass both abortion-related amendments, then the one with the most votes wins.
Montana
Title: Montana Right to Abortion Initiative Constitutional Initiative 128
Citizen-initiated.
Current law allows abortion until viability and at any time to preserve the health of the mother.
Proposed amendment would prohibit restrictions on abortion until after viability or at any time to preserve the health of the mother. The health exception becomes a loophole for late-term abortion.
Threshold for passage: Majority vote, (50% +1).
As of the most recent financial filing in July, abortion activists have raised $3.2 million, while the pro-life groups are reporting approximately $15,000 in contributions.
Abortion Committee: Montanans Securing Reproductive Rights
Pro-Life Committee: Montana Life Defense Fund, Defend Life
Maryland
Title: Maryland Right to Reproductive Freedom Amendment Question 1
Legislatively referred.
Current law allows for abortion until viability and permits abortion at any time for the health of the mother.
Proposed amendment would declare that women have a so-called right to reproductive freedom including the right to end a pregnancy.
Threshold for passage: Majority vote (50% +1).
As of the most recent financial filing in August, abortion activists have raised $568,000, while the pro-life group is reporting approximately $82,000 in contributions.
Abortion Committee: Freedom in Reproduction
Pro-Life Committee: Health Not Harm MD
New York
Title: New York Equal Protection of Law Amendment
Legislatively referred.
Current law allows for abortion until viability and permits abortion at any time for the health of the mother.
Proposed amendment would prohibit so-called discrimination on the basis of “sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy.”
Threshold for passage: Majority vote (50% +1).
Polling in May shows support for the abortion amendment at 64%.
As of the most recent financial filing in July, abortion activists have raised $2.7 million, while the pro-life group is reporting approximately $274,000 in contributions.
Abortion Committee: New Yorkers for Equal Rights
Pro-Life Committee: Coalition to Protect Kids-NY
Nevada
Title: Nevada Right to Reproductive Freedom Amendment Question 6
Citizen-initiated.
Current law allows abortion until viability and at any time to preserve the health of the mother.
Proposed amendment would prohibit restrictions on abortion until after viability or at any time to preserve the health of the mother. The health exception becomes a loophole for late-term abortion.
Threshold for passage: Majority vote (50% +1) in two consecutive general elections.
Polling in June showed support for the abortion measure at 73%, up from a March poll which showed support for the measure at 68%.
As of the most recent financial filing in June, abortion activists have raised $4.6 million, while the pro-life group did not report any contributions.
Abortion Committee: Nevadans for Reproductive Freedom
Pro-Life Committee: Coalition for Parents and Children
What Can You Do?
Here are four ways you can help defeat these abortion measures this fall:
Volunteer your time to one of the pro-life campaign efforts.
Donate to the effort to defeat the abortion amendment in your state.
Urge your friends and family in states with abortion amendments to vote against constitutionalizing abortion.
Pray that these initiatives would lose at the ballot box this November.
Image from Ballotpedia.
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