There’s a lot at stake Nov. 5. In 10 states, the lives of unborn children—and women’s health and safety—are on the ballot.
These measures, if passed, would enshrine abortion as a fundamental right in state constitutions. That means state legislatures essentially would be blocked from meaningfully protecting women and unborn children from abortion. That means no protection for babies with beating hearts.
Say goodbye to commonsense health and safety regulations for abortion facilities. Vague definitions for “viability” mean there no longer will be strong protections against late-term abortion. The measures also could open the door to requiring taxpayer funding for elective abortion procedures.
Here’s what you need to know about where abortion is on the Nov. 5 ballot and what it could mean for these states if pro-abortion activists get their way.
Pro-Abortion States: Overview
Colorado, Maryland, Montana, Nevada, and New York all have ballot measures to protect abortion in their state constitutions. In these five states, there are already few—if any—restrictions on abortion.
Right now, Colorado has no gestational restrictions and a right to abortion already is protected by statute. If voters approve it, the Colorado ballot measure would enshrine a right to abortion in the state Constitution and repeal a previous ballot initiative prohibiting funding for abortion in health insurance plans and state Medicaid funds.
Right now, Maryland has broad health exceptions for late-term abortion and a right to abortion already is protected by statute. If approved by voters, the ballot measure would enshrine a right to abortion in the Maryland Constitution.
Right now, Montana allows late-term abortions if a woman’s life is in danger. Previous court decisions have found that the Montana Constitution protects a right to abortion via a right to privacy. This largely has prevented the state Legislature from passing additional pro-life policies.
If voters approve it, the ballot measure would explicitly add a right to abortion to the Montana Constitution and limit the state’s ability to protect unborn children after viability.
Right now, Nevada has broad health exceptions for late-term abortion. If approved by voters, the ballot measure there would enshrine a right to abortion in the state Constitution—maybe. In Nevada, ballot initiatives must be voted on twice in order to amend the state Constitution. If a majority of voters approve the initiative, it will go on the 2026 ballot and have to be approved again.
Right now, New York has broad health exceptions for late-term abortions. The ballot measure before voters would expand the state’s “Equal Rights Amendment” antidiscrimination protections, including in the context of abortion. Proponents hope the measure will be a “bulwark against any future efforts” to enact pro-life laws in New York.
Pro-Life States: Overview
Voters in Arizona, Florida, Missouri, Nebraska, and South Dakota also will decide ballot initiatives that propose to enshrine unrestricted abortion into their constitutions. Nebraska also will offer voters a separate option that proposes to protect unborn children in the second and third trimesters of pregnancy.
Arizona currently protects unborn children after 15 weeks’ gestation, with exceptions for a life-threatening medical emergency. If voters approve it, the ballot measure would enshrine a right to abortion up to viability in the Arizona Constitution.
Nebraska currently protects unborn children after 12 weeks’ gestation, with exceptions for sexual assault, incest, and to preserve a woman’s life. If approved, a pro-abortion ballot measure would enshrine a right to abortion up to viability in the Nebraska Constitution.
Nebraska also has a dueling pro-life measure on the ballot. If approved, the state Constitution would be amended to align with current law. Unborn children would be protected from abortion in the second and third trimesters, with exceptions for a medical emergency, sexual assault, or incest.
Florida currently protects unborn children after a heartbeat can be detected (roughly six weeks’ gestation), with exceptions for rape, incest, and human trafficking, and to preserve a woman’s life. If voters approve it, the pro-abortion ballot measure would enshrine a right to abortion up to viability in the Florida Constitution.
Missouri currently protects unborn children from conception with an exception to preserve a woman’s life. If approved, the ballot measure would enshrine a fundamental right to abortion in the Missouri Constitution and allow only for limited protections after viability.
South Dakota currently protects unborn children from conception with an exception to preserve a woman’s life. If approved, the ballot measure would enshrine a right to abortion in the first trimester and allow only limited protections in the second and third trimester.
A Trojan Horse for Abortion Up to Birth, Paid for by You
Don’t be fooled by language in ballot initiatives that suggests, if voters approve, abortion would be prohibited after viability. Activists are sounding the alarm that these deceptively worded measures are much more sinister.
When you dig into the details, terms such as health and viability are defined vaguely. An abortionist’s self-certification that a woman’s health is at risk, or that a baby can’t survive outside the womb, is nowhere near enough legal protection.
Legally enshrining the falsehood that abortion is a “fundamental” right opens the door to taxpayer-funded elective abortions. In fact, we’ve seen the pro-abortion crowd make precisely this argument in Michigan.
In 2022, Michigan voters approved Proposition 3, which enshrined a right to abortion in the state Constitution. As a result, abortion activists quickly sued to undo the state’s 24-hour reflection period, informed consent requirements, and a provision that only licensed physicians perform abortion.
But that’s not all. Now pro-abortion activists also are suing to overturn a decades-old law against taxpayer dollars being used to pay for elective abortions.
We see the same playbook in Ohio. In 2023, voters decided to enshrine a right to abortion in the Ohio Constitution. Now pro-abortion activists are suing to repeal policies such as the 24-hour reflection period, requirements that only physicians prescribe abortion pills, and a prohibition on dangerous, do-it-yourself abortion with risky pills (the same DIY pills that recently claimed the lives of two women in Georgia).
These pro-abortion ballot measures also make it more difficult for states to enforce critically important safety measures. Sweeping language means that, if approved by voters, abortion proponents can turn around and argue that basic safeguards and regulations for abortion clinics infringe or impede an individual’s ability to get an abortion.
Of course, many voters don’t realize just how radical and expansive these ballot measures are. That’s by design. After all, most Americans don’t support abortion through all nine months of pregnancy, paid for by taxpayers.
In South Dakota, for example, pro-abortion activists have been accused of misleading voters about the scope of the initiative to convince people to sign a petition to put the pro-abortion measure on the ballot.
Pro-life activists say abortion proponents in South Dakota have resorted to doxing and other intimidation tactics against pro-lifers who try to tell voters the truth about the radical proposition.
In June 2022, the U.S. Supreme Court rightly overturned Roe v. Wade and 50 years of court-sanctioned abortion on-demand. Since then, many states have made great strides to protect women and unborn children from abortion.
But pro-abortion forces are energized and well-funded. Let’s hope that Michigan and Ohio will serve as a warning as voters head to the polls, whether early or on Election Day.
Because when the abortion industry sinks its claws into pro-abortion initiatives, voters can end up with far more radical policies than they meant to vote for.
