Where Abortion Is On The Ballot
The Supreme Court overturned Roe v. Wade this summer, giving states the ability to make abortion laws as strict or as lenient as they want; five states have the issue in some form on the ballot today.
STEFANI REYNOLDS / AFP / GETTY IMAGES
In June, the Supreme Court overturned the constitutional right to abortion, saying that voters in the states should decide whether abortion should remain legal or illegal. Today, Americans in five states will weigh in on some aspect of abortion’s legality when they vote on amendments to state constitutions or approving a state law. Here’s a rundown of where that’s happening, and what the implications could be for abortion access.
Michigan
The most consequential ballot initiative on abortion is in Michigan, where voters will be deciding whether to enshrine abortion rights in their state constitution. Abortion has been legal in the state since the Supreme Court’s decision — despite a 1931 state law that prohibits abortion in almost all circumstances. That’s because a series of judges temporarily suspended the old law, ruling that it probably violates the state constitution. If the amendment passes, that 1931 law would become invalid — but if the amendment fails, a court could later rule that the law is constitutional, making abortion illegal in Michigan.
California
Abortion is protected by state law in California, but a ballot amendment could make abortion access even more secure. Like Michigan, California voters will decide whether to enshrine abortion rights in their state constitution. The practical implications of the amendment are a bit murky since abortion is currently legal in California through fetal viability, which generally happens around 24 weeks into a pregnancy. Some abortion-rights advocates say the amendment would merely preserve the status quo, while some opponents of abortion rights have said it could make abortion legal at any point in pregnancy. As voters go to the polls, there’s no consensus about who’s right, which could lead to some messiness if the amendment passes.
Vermont
Vermonters will also vote on whether to ensconce the right to abortion in their state’s constitution. This isn’t likely to result in a huge change in abortion access — relatively few abortions happen in Vermont each year, and the state already has legal protections for abortion and no restrictions on when it can be performed. But a win could be symbolically important for abortion-rights activists, nonetheless — and the vote is a signal of how strongly Americans in deep-blue states feel about abortion rights.
Kentucky
Voters in Kentucky, on the other hand, will be deciding whether to ban abortion in their state constitution. Four other states have passed similar constitutional amendments, which explicitly state that their constitution does not protect abortion rights or allow for public funds to be used abortion. Like the votes in California and Vermont, the practical impact of the amendment will likely be minimal since abortion is almost totally banned in Kentucky. But if it passes, the amendment would prevent state courts from ruling that abortion is protected under the Kentucky constitution in the future.
Montana
Abortion is on the ballot in Montana too — but in a different way than in other states. Voters will be deciding whether to approve a law that says fetuses are legal persons if they are born prematurely or survive an attempted abortion. Eighteen other states have similar measures on the books, but all of them were passed by state legislatures; this is a legislative referendum, which the state’s Republican lawmakers chose to put on the ballot instead.