Voters Protect Abortion Rights in the 5 States Where It Was On the Ballot

Key TakeawaysAbortion rights were on the ballot in many state races nationwide during Tuesday’s midterm elections.Ballot measures passed in Michigan, California, and Vermont will amend constitutions in those states to include the right to abortion.Voters in Kentucky and Montana rejected proposals that would restrict or outlaw abortion care.

Key Takeaways

Abortion rights were on the ballot in many state races nationwide during Tuesday’s midterm elections.Ballot measures passed in Michigan, California, and Vermont will amend constitutions in those states to include the right to abortion.Voters in Kentucky and Montana rejected proposals that would restrict or outlaw abortion care.

The midterm elections on Tuesday were seen as the first referendum on voters’ positions on abortion since June, when the United States Supreme CourtoverturnedRoe v. Wade,the landmark ruling which enshrined the right to an abortion.

Restrictions to abortion access took effect in more thana dozen statesnationwide after that ruling. Since then, both abortion rights activists and anti-abortion activists have enthusiastically campaigned to elect officials who align with their position.

Five states held direct referendums on abortion rights. In Michigan, Vermont, and California, voters approved an addition to their state constitutions cementing the right to abortion and other reproductive health care. In the red state of Kentucky, voters rejected a ballot measure saying its state constitution does not establish a right to abortion. And Montanans voted against granting infants born alive after an abortion attempt legal personhood.

7 Things to Know About Your Reproductive Rights in a Post-Roe World

Results from the midterm elections could also have a less immediate effect on the fate of reproductive healthcare access. The Supreme Court’s Juneopiniongave “elected officials” the power to regulate abortion. That means a change in the balance of power in state legislatures and governorships could impact abortion rights outcomes down the line. And if Republicans win back control of at least one chamber of Congress, they may vote on the issue at the federal level.

Results from the ballot measures largely reflect the national sentiment on abortion. Nationally, 6 in 10 people say abortion should be legal in most or all cases, according toPew Research Center.Fewer than 1 in 10 say it should be illegal in all cases.

“Last night represents a historic victory for reproductive freedom,“Anthony D. Romero, executive director of the American Civil Liberties Union, said in astatementon Wednesday. “We are especially proud of last night’s citizen-initiated victory in Michigan where voters passed one of the most comprehensive constitutional amendments that will preserve the right to reproductive freedom for generations to come.”

Here’s how the five states with abortion directly on the ballot ultimately upheld abortion rights.

Michigan

In Michigan, voters approved aconstitutional amendmentto create a “fundamental right to reproductive freedom.” The new law also protects the right to make pregnancy-related decisions about reproductive health services—including abortion, birth control, prenatal care, and infertility care—without interference from the government.

The petition to put the measure on the ballot earned the most signatures of any ballot initiative in state history, reports Axios. The amendment willtake effect45 days after the election.

California

California law already protects access to abortion before a pregnancy is viable. TheReproductive Privacy Actstates that every person has a fundamental right to privacy over their reproductive health decisions and bars the state from interfering when a person chooses to obtain an abortion before the fetus is viable, or when it is “necessary to protect the life or health of the person.”

On Tuesday, voters approvedan amendmentto the California Constitution, which will preserve that right to privacy over reproductive health decisions. The state shall not interfere with an individual’s “most intimate decisions,” including whether or not to use contraception or have an abortion.

Additionally, California hasset asidemillions of dollars in taxpayer money to support abortion access, including out-of-state abortion travel.

How Overturning Roe v. Wade Threatens Birth Control Access

Vermont

A 2019state lawguarantees reproductive rights, such as getting pregnant and having access to birth control. The new amendment does little to change the current situation for reproductive health care, which is already legally protected, but acts as insurance against future anti-abortion legislation.

The amendmentpassedwith 77% of the votes, theNew York Timesreports.

Kentucky

Kentucky is a red stronghold with two abortion bans on the books. But on Tuesday, voters rejected a proposed amendment that would have bolstered the existing bans and kept future laws from protecting abortion access.

The amendmentsought to add a sentence to the state constitution to read, “[t]o protect human life, nothing in this Constitution shall be construed to secure or protect a right to abortion or require the funding of abortion.” With therejectionof the amendment, the state Supreme Court may now strike down Kentucky’s abortion bans, which are being challenged in the courts.

Kentucky is now the second state to reject an anti-abortion ballot measure this year after voters in Kansas rejected asimilar measurein August.

A Verywell Report: Restricting Abortion Will Cost Women Their Lives

Montana

Voters in Montana have rejected aproposed lawthat would have imposed criminal penalties for health providers who do not do everything “medically appropriate and reasonable” to save the life of a fetus “born alive” at any stage of pregnancy, even if survival is not viable. This includes the rare possibility of birth after an attempted abortion.

What This Means For YouMidterm election results are still rolling in for races in several states. For updates on how new policies effect abortion access in your state, you canrefer to this mapfrom the sexual and reproductive health rights organization, the Guttmacher Institute.

What This Means For You

Midterm election results are still rolling in for races in several states. For updates on how new policies effect abortion access in your state, you canrefer to this mapfrom the sexual and reproductive health rights organization, the Guttmacher Institute.

2 SourcesVerywell Health uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. Read oureditorial processto learn more about how we fact-check and keep our content accurate, reliable, and trustworthy.UpToDate.Periviable birth (limit of viability).Centers for Disease Control and Prevention.Mortality records with mention of International Classification of Diseases-10 code P96.4 (termination of pregnancy): United States, 2003-2014.

2 Sources

Verywell Health uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. Read oureditorial processto learn more about how we fact-check and keep our content accurate, reliable, and trustworthy.UpToDate.Periviable birth (limit of viability).Centers for Disease Control and Prevention.Mortality records with mention of International Classification of Diseases-10 code P96.4 (termination of pregnancy): United States, 2003-2014.

Verywell Health uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. Read oureditorial processto learn more about how we fact-check and keep our content accurate, reliable, and trustworthy.

UpToDate.Periviable birth (limit of viability).Centers for Disease Control and Prevention.Mortality records with mention of International Classification of Diseases-10 code P96.4 (termination of pregnancy): United States, 2003-2014.

UpToDate.Periviable birth (limit of viability).

Centers for Disease Control and Prevention.Mortality records with mention of International Classification of Diseases-10 code P96.4 (termination of pregnancy): United States, 2003-2014.

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