Since the Supreme Court overturned Roe v. Wade earlier this year, ending the nationwide right to abortion, the issue has become key in races across the country.
State lawmakers are now critical in determining whether the procedure remains legal or restricted, and governors will have the last word on whether bans become law. Meanwhile, five states have ballot measures allowing voters to directly weigh in. (Already this year, voters in Kansas rejected a constitutional amendment to strip abortion protections.)
Michigan
Proposal 3, would establish the right to abortion in the Michigan Constitution, ensuring an abortion ban from 1931 does not take effect. The amendment would also protect other aspects of what it calls “reproductive freedom,” including an individual’s right to make choices about miscarriage management, birth control, prenatal care, and IVF.
Kentucky
Abortion is banned in Kentucky except in cases where a pregnant person’s life or health is in danger. Amendment 2 would go a step further to say there is no right to or protection for abortion in the state constitution.
California
Abortion is legal in California until viability, and Proposition 1 would amend the state constitution to specifically prohibit officials from interfering with reproductive freedom, including decisions on abortion and contraceptives.
Vermont
Abortion is legal in Vermont, and Proposal 5 would amend the state constitution to prohibit the government from restricting “personal reproductive autonomy,” unless officials can show they have a compelling reason to do so that can’t be achieved another way.
Montana
LR-131 is a referendum a law that classifies a fetus or embryo as a legal person who has a right to medical care if they are born prematurely or survive an abortion attempt.