Voters across US decide future of abortion rights, passing measures in 7 states but facing setbacks in 3

"Every victory counts, and every setback is a reminder of the work that remains to secure bodily autonomy for all Americans.”

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Image Credit: The Daily Beast

Abortion rights were put to the test in 10 states during the latest election cycle, marking one of the most widespread uses of ballot measures on the issue since the Supreme Court overturned Roe v. Wade in June 2022. Voters made decisive choices on a series of proposed constitutional amendments aimed at protecting or restricting abortion rights. Seven states passed pro-abortion-rights measures, while three states rejected similar amendments, breaking a trend of consecutive wins for abortion-rights advocates across the country.

Abortion rights measures prevail in seven states

Voters in Arizona, Missouri, Maryland, Montana, Nevada, New York, and Colorado passed amendments that support or expand abortion rights in their state constitutions, a significant victory for reproductive rights advocates. These states not only preserved access to abortion but, in many cases, took proactive steps to insulate these rights against future legislative changes.

In Arizona and Missouri, two swing states that have long held restrictive abortion laws, voters backed initiatives allowing access to abortion up to the point of fetal viability. These measures effectively nullify previous restrictive laws in both states. For Arizona, this vote comes as a stark response to a recent increase in state restrictions that advocates say have made abortion access “virtually impossible.”

Maryland, Montana, Nevada, and New York—states where abortion has been legal up to fetal viability—also voted to enshrine these rights in their constitutions. Organizers behind these measures emphasized that these protections act as a safeguard, ensuring that lawmakers can’t impose new restrictions on abortion without significant legal challenges. In New York, where progressive policies on reproductive rights have been a hallmark, the amendment passed with a comfortable majority. Supporters hope this will prevent “future legislative backsliding,” a concern underscored by recent conservative pushes at the federal level.

In Colorado, a state without any gestational limits or significant restrictions on abortion, voters passed a measure further solidifying these policies. This amendment cements Colorado’s standing as a “sanctuary state” for abortion rights, providing accessible reproductive health care services without fear of intervention from restrictive policies, a trend often seen in neighboring states.

Three states reject measures expanding abortion rights

While seven states celebrated victories, the results in Florida, Nebraska, and South Dakota served as stark reminders of the ideological divides in the U.S. when it comes to reproductive rights. Each of these states had proposed amendments aimed at protecting or expanding abortion access, but voters opted to maintain restrictive laws.

In Florida, the measure would have prohibited restrictions on abortion before fetal viability, with exceptions post-viability for the health of the pregnant person. Despite garnering 57 percent of the vote, the measure failed to meet the state’s unique requirement for a supermajority, needing 60 percent to pass. Its rejection leaves Florida’s strict six-week abortion ban in place, which includes exceptions only for rape, incest, or to protect the life of the pregnant person. The outcome underscores Florida’s conservative tilt and represents a notable setback for abortion rights advocates in the South.

Nebraska presented two conflicting measures: one aimed at expanding abortion access up to fetal viability, and another to restrict it primarily to the first trimester, with exceptions for medical emergencies, sexual assault, or incest. Voters rejected the measure supporting broader access but approved the first-trimester-only amendment, aligning the state’s constitution with existing restrictions that ban most abortions after 12 weeks.

In South Dakota, a state with some of the country’s strictest abortion laws, voters rejected an amendment that would have legalized abortion in the first trimester and permitted regulated access in the second trimester. This decision maintains South Dakota’s near-total abortion ban, which only allows the procedure when necessary to save the pregnant person’s life. South Dakota’s ban, enacted after the fall of Roe, remains a significant hurdle for reproductive rights advocates, who had hoped to secure a lifeline for access in the state.

Influences behind the voting outcomes

The mixed outcomes across these states reflect diverse demographics, state policies, and the distinct political landscapes in each area. In Florida, for instance, the 60 percent supermajority requirement meant that a simple majority was insufficient—a factor that abortion-rights advocates argued unfairly hampered their chances, particularly given the broad public support for reproductive rights in the state.

State demographic and political climates played significant roles. Colorado and New York, known for progressive stances on reproductive rights, saw strong voter turnout from younger, pro-choice demographics. In contrast, South Dakota’s traditionally conservative electorate reaffirmed its stance against abortion access, favoring a status quo rooted in the state’s deep-seated values.

Advocacy responses and next steps

Advocates from both sides of the abortion debate had a vested interest in the outcomes of these ballot measures. Pro-abortion-rights groups hailed the successes in seven states as a continuation of the movement to protect reproductive freedom on a state-by-state basis.

Abortion-rights supporters framed the wins as necessary protections against future threats to reproductive rights, with one Maryland activist noting, “This isn’t just about securing access today. It’s about defending these rights for generations to come.” Anti-abortion groups, meanwhile, celebrated the victories in Florida, Nebraska, and South Dakota as a sign that “pro-life values remain strong,” despite recent progressive gains across other parts of the country.

The future of abortion rights in America

The passing and rejection of these ballot measures signal that abortion will continue to be a divisive issue in the U.S., with advocates on both sides committed to securing or restricting access through state-level initiatives. As legislative trends shift and conservative groups push back against progressive advances, the significance of these measures in shaping future state policies cannot be understated.

Legal analysts warn that some conservative states where pro-abortion-rights measures passed could face court challenges. If states like Missouri and Arizona are to maintain their newly passed amendments, advocates stress the importance of sustained public support and awareness. In Colorado, activists view their win as a protective measure for those from nearby states where restrictions remain in force, hoping it will set an example for similar efforts in the future.

The wave of pro-abortion-rights measures passed in recent years shows the determination of many Americans to keep reproductive rights intact, even in regions facing significant legislative opposition. With advocates on both sides calling for more ballot measures in future elections, reproductive rights will likely remain a pivotal and contentious issue in U.S. politics for years to come.

As one pro-abortion-rights advocate noted, “Our fight is far from over. Every victory counts, and every setback is a reminder of the work that remains to secure bodily autonomy for all Americans.”

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