Abortion rights constitutional amendments coming in 2023-24

Posted on May 31, 2023

In 2022, in all six states where the abortion issue was on the ballot in 2022, the pro-abortion rights position won. Three of those were constitutional amendments to protect abortion rights:

In California: The legislature placed on the ballot a constitutional amendment guaranteeing the right to abortion and contraception, which was approved by a margin of 66-to-34 percent.

In Vermont: The legislature placed on the ballot a constitutional amendment guaranteeing the right to abortion, which was approved by a margin of 77-to-23 percent.

In Michigan: A coalition, including the state ACLU and Planned Parenthood groups, gathered 735,000 signatures to place on the ballot a constitutional amendment creating a new individual right to reproductive freedom, including the right to abortion. It was approved by a margin of 57-to-43 percent.

Here is the latest:

In Arizona: Arizonans for Reproductive Freedom is determined to petition an abortion rights constitutional amendment onto the 2024 ballot.

In Florida: A coalition called Floridians Protecting Freedom, including Planned Parenthood and the ACLU, has launched an effort to petition an abortion rights constitutional amendment onto the 2024 ballot. See also: https://ballotpedia.org/Florida_Prohibit_Laws_Restricting_Abortion_Initiative_(2024)

In Maryland: The state legislature adopted legislation in 2023 which places on the 2024 ballot a measure to enshrine the right to abortion in the Maryland Constitution.

In Missouri: Missourians for Constitutional Freedom filed initiative petitions to begin the process to place on the 2024 ballot a constitutional amendment declaring the “government shall not deny or infringe upon a person’s fundamental right to reproductive care.”

In Nevada: The House and Senate approved a proposed constitutional amendment for abortion rights, however, it will need to return and pass out of the Legislature again in 2025 and then go before voters during the 2026 general election.

In New York: The legislature approved a statewide referendum in 2024 to expand the constitution’s Equal Protection Amendment to ban discrimination based on “pregnancy outcomes” or “gender expression,” which will protect abortion rights and the right to seek gender-affirming care. See also: https://ballotpedia.org/New_York_Equal_Protection_of_Law_Amendment_(2024)

In Ohio: A coalition of abortion rights groups is collecting signatures to place a constitutional amendment before voters in November 2023. See also: https://ballotpedia.org/Ohio_Right_to_Make_Reproductive_Decisions_Including_Abortion_Initiative_(2023) Republicans in the legislature are attempting to raise the percentage of votes required to pass such measures to a 60 percent supermajority. It would go before voters in a special election this August.

In Oregon: Legislators have introduced SJR 33, which would amend the state constitution to guarantee certain rights including abortion rights. Republican legislators are currently engaged in a weeks-long walkout to deny Democrats a quorum so they can’t pass this or other progressive legislation.

In South Dakota: Dakotans for Health have kicked off a signature drive to petition onto the 2024 ballot a constitutional amendment guaranteeing abortion rights. See also: https://ballotpedia.org/South_Dakota_Right_to_Abortion_Amendment_(2024)



Abortion rights victories in late 2022

Posted on November 29, 2022

Victories in California The Los Angeles City Council approved an ordinance that prohibits any Crisis Pregnancy Center from misrepresenting the health services it offers, including lies about abortion services, and provides individuals legal recourse...


The many unknowns now that Roe is overturned

Posted on June 29, 2022

The Supreme Court’s reversal of Roe v. Wade created numerous grave legal issues. Here are some of them: Can individuals be prosecuted for having an abortion? It depends. Whether or not to prosecute will...


Proactive abortion rights victories in 2022

Posted on May 17, 2022

Preparing for the upcoming disaster of SCOTUS overruling Roe v. Wade, many blue states have taken action to strengthen abortion rights. All of the following were passed in 2022: Statutory and constitutional protections for...


Where abortion will be illegal if Roe is overturned

Posted on April 1, 2022

From Stateline using Guttmacher reports:


New Jersey passes bill to guarantee the right to abortion

Posted on January 11, 2022

The bill, NJ SB 49 (2022), will soon be signed into law. The key language is this: Every individual present in the State, including, but not limited to, an individual who is under State...


Abortion Rights Enacted in 2021

Posted on October 4, 2021

There were not many proactive abortion rights bills enacted in the 2021 legislative sessions, but a few of them are terrific models for other states. Colorado SB 142 by Sen. Kerry Donovan The state...


How to talk about abortion rights

Posted on September 8, 2021

According to the latest polling (Sept. 4-7 by YouGov – see page 101), by a margin of 50 to 28 percent, Americans want the Supreme Court to uphold Roe v. Wade. Gallup, which asks the question a bit...


Abortion Rights Bills as of July 15

Posted on July 17, 2020

STATE-BY-STATE ** = new or updated since the last Repro Rights Report Summary: There are now 81 proactive abortion rights bills introduced in the 2020 sessions as well as 55 others which carried over...


Abortions denied with COVID as the excuse

Posted on April 8, 2020

Texas is currently denying abortions statewide based on a clearly unconstitutional executive order which was at least temporarily upheld by a 2-1 decision in the Fifth Circuit Court of Appeals. (Texas providers are now...