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)

 

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