(ZENIT News / Washington, 11.03.2024).- As the November 5 elections approach, 10 states face critical votes on whether to enshrine abortion rights in their state constitutions, a move that could reshape access to abortion and health policies in the U.S. This ballot season, voters in pro-abortion and pro-life states alike will have to weigh the potential impacts, from late-term abortion regulations to taxpayer-funded elective abortions.
A Look at States Leaning Pro-Abortion
Five states — Colorado, Maryland, Montana, Nevada, and New York — are considering constitutional amendments that would cement abortion as a fundamental right, essentially removing barriers for late-term abortions and limiting legislative power to impose restrictions. These states already have few, if any, abortion restrictions in place, and the upcoming votes could take these policies further by making it nearly impossible to implement common-sense health and safety standards for abortion providers.
For instance, Colorado’s measure would prevent future legislation from banning abortion coverage in state Medicaid programs or restricting abortions based on gestational age. Meanwhile, New York’s proposed “Equality Rights Amendment” could serve as a barrier to future pro-life legislation, expanding anti-discrimination protections to include abortion.
Pro-Life Push in Conservative States
In states like Arizona, Florida, Missouri, Nebraska, and South Dakota, the stakes are just as high. Arizona and Nebraska voters face dual proposals — one aiming to protect abortion rights until viability, the other proposing restrictions in the later trimesters of pregnancy. Florida, where current law restricts abortions after fetal heartbeat detection, is also weighing a proposal that would redefine state abortion laws by enshrining a constitutional right to abortion until viability. Meanwhile, South Dakota and Missouri have the most restrictive abortion laws on the table, and pro-life advocates warn that loosening them could have lasting implications.
These ballot measures aren’t just about access. The language used often hides significant consequences. In states where pro-abortion rights measures have been passed, activists have already begun challenging policies that safeguard patient health, arguing that they infringe on abortion access. Recent moves in Michigan and Ohio, where voters approved similar amendments, have led to lawsuits challenging waiting periods, licensing requirements, and prohibitions on telemedicine for abortion pill prescriptions.
A Warning from Ohio and Michigan
Pro-abortion rights victories in Michigan and Ohio highlight potential long-term consequences for voters. After Michigan enshrined abortion rights in its constitution last year, advocates immediately filed lawsuits to roll back health and safety regulations, like mandatory waiting periods and licensed physician requirements. Similarly, Ohio’s recent constitutional change is being leveraged to dismantle essential safeguards, potentially opening the door for unsupervised, mail-order abortion pills.
Pro-life groups argue that these hidden implications are deliberate. The language around viability and health exceptions is vague, allowing room for nearly unrestricted abortion access. Moreover, they warn that enshrining abortion as a “fundamental right” could pave the way for taxpayer-funded abortions — a contentious issue even among moderate voters.
A Turning Point After Roe v. Wade Reversal
Since the Supreme Court overturned Roe v. Wade in June 2022, many states have moved to solidify their stances on abortion. While pro-life states acted quickly to enact protective measures for the unborn, well-funded pro-abortion rights groups have also stepped up, mobilizing to pass initiatives like those on this November’s ballots. The outcomes of these votes will set precedents with far-reaching effects, from state legislatures to federal courts.
A Call for Informed Voting
For voters heading to the polls on November 5, the decisions made could carry consequences beyond the election itself. The Ohio and Michigan experiences have shown that ballot initiatives presented as moderate can end up dramatically changing a state’s abortion landscape. With high-stakes battles over abortion rights, this election may be a pivotal moment in the post- Roe era.
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