In the years since the Supreme Court’s conservative majority overturned the federal right to abortion in 2022, no measure to protect abortion (or reject further restrictions) has ever lost in the ballot boxes. That winning streak ended Tuesday, as Amendment 4which would have enshrined the right to access abortion in Floridaand guarantee access to the entire South, fell just below its 60 percent threshold. For now, Florida’s six-week abortion ban will remain in effect.

A similar effort in South Dakota was overwhelmingly rejected by voters: nearly 60 percent voted against a proposal to recognize a statewide right to abortion. There is currently a total ban on abortion in effect in the state. And in Nebraskawhere conflicting measures were placed on the ballot – one to restore abortion rights and the other to keep the current 12-week ban – voters chose to keep their current ban in place.

However, in the seven other states where abortion was on the ballot, voters expanded care protections. The results of these races will have enormous consequences for the millions of women who live in these states and neighboring countries, including Missouriwhere voters overturned the total ban on abortion.

What does the ballot measure propose? Proposition 139 would amend the state constitution to recognize Arizonans’ fundamental right to abortion before fetal viability. After viability, the law would protect abortions “to protect the life or health” of the pregnant person. The amendment would also ban laws aimed at punishing anyone who helps another person have an abortion.

What is the law now? Abortion is currently prohibited in Arizona after 15 weeks. The state imposes a 24-hour waiting period to obtain an abortion and a medically unnecessary ultrasound, among other things. other restrictions. Earlier this year, the state Supreme Court’s conservative majority allowed an even more restrictive ban to go into effect – a total ban on abortion passed in 1864. The Republican-controlled Legislature did not repealed the ban – after initially refusing, twice, to consider doing so – only under enormous public pressure.

Result: Proposition 139 adoptedwith 61.7 percent of voters in favor and only 38.3 percent against.

What does the ballot measure propose? Amendment 79 would amend the Colorado Constitution to recognize a “right to abortion” and to prohibit state or local governments from “denying, hindering, or discriminating against the exercise of this right.” It would also allow public insurance plans to offer coverage for abortions.

What is the law now? Abortion is currently legal in Colorado, but there is a ban on Medicaid coverage of abortion. Minors must also obtain permission from their parents before having an abortion.

Result: Amendment 79 is adoptedwith Colorado voting to protect access to abortion through the state constitution and remove a four-decade-old ban on using government money to fund abortions. The vote was 60.9 percent in favor when the Associated Press reported it.

Florida

What does the ballot measure propose? Amendment 4 proposes to add language to the Florida Constitution to ensure that the state cannot “prohibit, penalize, delay, or restrict abortion before it is viable or when necessary to protect the health of the patient “. The measure also explicitly states that it would not limit the state’s power to require parental notification before an abortion.

What is the law now? Florida currently prohibits abortion at six weeks gestation, with exceptions for rape, incest and threats to the health of a pregnant person up to only 15 weeks. There are a host of additional restrictions: The state requires in-person counseling, a 24-hour waiting period, and a medically unnecessary ultrasound before an abortion. Minors are required to inform their parents and obtain their authorization before terminating a pregnancy. Telemedicine abortion care and mailing abortion pills are both prohibited; the abortion pill can only be distributed in person. Only doctors are allowed to perform abortions, and the state also has a number of targeted restrictions on abortion providers, or TRAP laws.

Result: Amendment 4 faileddespite the support of 57 percent of voters. That’s because ballot measures require 60% support to pass in Florida — and also thanks to Gov. Ron DeSantis who led an unprecedented state-sponsored campaign to defeat the measure.

What does the ballot measure propose? Question 1 proposes amending the state constitution to guarantee Marylanders’ reproductive freedom, including “the ability to make and carry out decisions to prevent, continue, or terminate one’s own pregnancy.”

What is the law now? Abortion is legal in Maryland until fetal viability, and after that point, if there is a fetal abnormality or if continuing the pregnancy would endanger the life or health of the pregnant person. Minors are required to notify a parent or guardian before an abortion.

Result: Question 1 was overwhelmingly approved by Maryland voters, with more than 70 percent of the state’s voters voting in favor. The result far exceeded the 50 percent majority needed to pass.

Missouri

What does the ballot measure propose? Amendment 3 proposes to amend the Missouri Constitution to recognize a fundamental right to reproductive freedom, including “the right to make and enforce decisions on all matters relating to reproductive health care, including but not limited to limit, prenatal care, childbirth, postpartum care, birth control, abortion.” care, miscarriage care and respectful delivery conditions. Under the amendment, state lawmakers would be allowed to regulate abortion after the point of viability, but would be prohibited from passing laws that would “deny, delay, or restrict” care at any time if health physical or mental or the life of the pregnant person is in danger.

What is the law now? Missouri has one of the most restrictive abortion bans in the country. Abortion is prohibited at all stages of pregnancy, without exception. In place of an exception, the law states that anyone prosecuted or criminally charged for performing an abortion may present an “affirmative defense” that the abortion in question was performed because of a “medical emergency.” and that intervention was necessary to prevent death or serious injury. and irreversible bodily harm.

Result: Amendment 3 was adoptedwith Missouri voting to enshrine abortion in the state constitution, overturning the state’s near-total ban. He won 54 percent to 46 percent when the Associated Press called the race.

What does the ballot measure propose? The proposal would amend the Montana Constitution to guarantee the right to “make and carry out decisions concerning one’s own pregnancy, including the right to abortion” until fetal viability. The state would be empowered to regulate abortion once viable, with the exception of abortions necessary “to protect the life or health of the pregnant patient.”

What is the law now? Abortion is currently prohibited after fetal viability, between 24 and 26 weeks of pregnancy, and Montana has adopted a parental notification law.

Result: Voters approved Amendment 128with more than 57 percent voting in favor of the protections.

Nebraska

What does the ballot measure propose? There are dueling measures on the ballot in Nebraska. Initiative 434backed by anti-abortion groups, would essentially maintain the current ban on abortion in the state constitution, prohibiting abortions after the first trimester except in cases of rape, incest or a medical emergency. Initiative 439second, would amend the Nebraska Constitution to establish a “fundamental right to abortion until fetal viability” and, after that point, if necessary, to protect the life or health of the pregnant person.

What is the law now? Abortion is currently prohibited after 12 weeks in Nebraska, and a 24-hour waiting period is in effect. Abortion by telemedicine is also prohibited and minors must obtain authorization from their parents before having an abortion, notably other restrictions.

Result: Initiative 434which sought to maintain the current ban, was approved by 55 percent of voters. Initiative 439which would have created a constitutional right to access to abortion, was unsuccessful; 48 percent of voters voted in favor of the measure and 51 percent against.

What does the ballot measure propose? Question 6 proposes to amend the Nevada Constitution to recognize the right to abortion based on fetal viability, while recognizing that the state has the authority to regulate abortion after that point, except in cases where a provider of health care considers it necessary to “protect the life or health of the pregnant woman.” patient.”

What is the law now? Abortion is currently prohibited in Nevada after 24 weeks.

Result: An overwhelming majority of voters supported Question 6. The measure passed with more than 63 percent support.

What does the ballot measure propose? Proposition 1if passed, would amend the New York Equal Protection Amendment to clarify that New Yorkers cannot be denied rights based on their gender, “including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes and reproductive health care. and autonomy. » (The law already protects against discrimination based on “race, color, creed or religion.”)

What is the law now? Abortion is currently prohibited in New York at 24 weeks gestation or the point of fetal viability.

Result: Proposition 1 was widely approved by voters, with more than two-thirds of the New York electorate voting in favor.

South Dakota

What does the ballot measure propose? Amendment G would prohibit state government from regulating abortion during the first trimester of pregnancy, allow regulations “reasonably related to the physical health of the pregnant woman” during the second trimester, and regulate or prohibit abortion in third trimester, except when necessary “to preserve the physical health of the pregnant woman”. the life and health of pregnant women.

What is the law now? Abortion is currently prohibited in South Dakota at any stage of pregnancy. There is only one exception: if an abortion is necessary to save the life of a pregnant person.

Result: Amendment G was rejected, with nearly 60 percent of voters voting against the proposition.