On The Ballot: An Abortion Rights Timeline
Abortion: arguably the most divisive issue in United States politics.
Roe vs. Wade was a landmark decision passed by the Supreme Court in 1973. Guaranteeing protected rights to medical privacy, Roe ensured legal access to abortion federally. However, In June of 2022 The Supreme Court voted to overturn this long-standing and historic decision—ultimately sending the issue back to a state level.
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After this rollback, many states immediately outlawed abortion due to trigger laws outlined in their constitutions. These automatic bans occurred in thirteen states, including: Arkansas, Idaho, Kentucky, Louisiana, Mississippi, Missouri, North Dakota, Oklahoma, South Dakota, Tennessee, Texas, Utah, and Wyoming.
The fight did not stop at these thirteen states. Since the passing of Roe, seven states have taken abortion rights to the ballot box—starting in Kansas.
Kansas: August 2nd, 2022
Hidden in a midterm election with “purposefully confusing language,” the Value Them Both amendment made its way into the hands of Kansas voters. The purpose of this bill was to affirm there is no constitutional right to abortion in the state.
Despite the state having a heavy Republican presence, this issue was shut down by 18 points. Abortion is now legal in Kansas up until the 22nd week of pregnancy.
Vermont: November 8th, 2022
Proposal 5 made its way onto Vermont ballots in 2022. Entitled the Right to Personal Reproductive Autonomy Amendment, this issue passed with ~77.8% approval from voters.
Vermont upholds the right to an abortion in their State constitution without denial or infringement.
Montana: November 8th, 2022
Montana LR-131, or Medical Care Required for Born-Alive Infants Measure, was brought to voters on election day in 2022. This law would provide legal personhood to born-alive infants in any state of development, including viable fetuses still in the womb.
If passed, offenders—parental or medical—could be fined up to $50,000 or sentenced to 20 years in prison. Nevertheless, voters rejected the measure by 5 points.
Michigan: November 8th, 2022
On election day in 2022, Proposal 3, or the Right to Reproductive Freedom Initiative was included on the Michigan ballot. The law would provide a state constitutional right to reproductive freedom—essentially allowing all pregnancy-related matters to be left to families and their medical providers.
The proposal passed with 56.66% of voters in agreement.
Kentucky: November 8th, 2022
In the famously red state of Kentucky, voters were brought to the attention of Amendment 2. Also known as the No Right to Abortion in Constitution Amendment, a vote for the bill would affirm there is no language in the state constitution that protects a citizen’s right to abortion.
The amendment was ultimately rejected by voters.
California: November 8th, 2022
California voters came out in high numbers to support their rights to legal abortion when Proposition 1 showed up on the ballot. Prohibiting the state from interfering with reproductive freedoms, the amendment passed by 33 points.
In California, abortion is legal up to fetal viability and extends further if the health of the mother is compromised.
Ohio: August 8th, 2023
As the only state to vote on abortion rights in 2023, Ohioans were presented with Issue 1: Right to Make Reproductive Decisions Including Abortion Initiative. Voting in agreement for the bill would enact a constitutional right to protect all reproductive freedoms—from abortion to prenatal care.
The bill passed with 56.62% support from voters. In Ohio, abortion is legal up until fetal viability or if necessary to protect the pregnant patient.
Since the overturn of Roe, voters across the U.S.—in both Republican and Democratic majorities—have all voted in favor of ensuring abortion rights.
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In 2024, Maryland and New York have already confirmed abortion rights to be on their respective ballots, with nine other states pending on signatures or legislative votes. The states with a potential abortion-related measure include the following: Arizona, Colorado, Florida, Iowa, Missouri, Nebraska, Nevada, Pennsylvania, and South Dakota.
Only time will tell if anti-abortion campaigns continue to be a losing issue amongst United States voters.
Did any of these states surprise you? Leave a comment below.