The fall of Roe v. Wade has teed up a series of ballot measures regarding access to abortion in a handful of states.
The amendments hold major significance for each state’s policies in a post-Roe America. The Supreme Court’s recent ruling that there is no constitutional right to abortion returned policymaking power to the states, meaning state courts will oversee all abortion-related legal conflicts for the foreseeable future.
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States voting to codify abortion rights
California
California voters will decide in November whether to approve or deny Proposition 1, the Right to Reproductive Freedom Amendment, which would confirm that the state “shall not deny or interfere with an individual’s reproductive freedom in their most intimate decisions, which includes their fundamental right to choose to have an abortion and their fundamental right to choose or refuse contraceptives.”
California’s constitution ensures a right to privacy, which has propped up abortion statutes in the state. But the 2022 ballot measure is a safeguard against possible future legislative attempts to undermine abortion access. It also promises to solidify that abortion and contraception are explicitly protected in the constitution without ambiguity.
Vermont
Voters in Vermont will decide in November whether to finalize Proposal 5, also known as the Right to Personal Reproductive Autonomy Amendment. Passed by the Democrat-led state legislature in 2019, Proposal 5 reads: “Personal reproductive autonomy is central to the liberty and dignity to determine one’s own life course and shall not be denied or infringed unless justified by a compelling State interest achieved by the least restrictive means.”
The new amendment would be redundant. The state already has a law on the books dating back to 2019 that affirms “the fundamental right of every individual who becomes pregnant to choose to carry a pregnancy to term, to give birth to a child, or to have an abortion.” But the amendment protects against the possibility that a future state legislature with a Republican majority could enact laws restricting abortions.
Michigan
A ballot committee in Michigan has garnered more than 753,000 signatures in support of voting on a ballot measure in November to solidify the right to an abortion within the state’s constitution. The measure easily surpassed the necessary threshold of 300,000 signatures. The Reproductive Freedom for All campaign is being led by Planned Parenthood Advocates of Michigan, the ACLU of Michigan, and Michigan Voices.
The mountain of signatures was submitted Monday to the office of the secretary of state, which determines whether the ballot measure will be included in November. If approved, Michigan voters will decide whether the state constitution should be amended to guarantee the right to make decisions about abortion, contraception, miscarriage management, and other reproductive health concerns.
“Our people-powered movement has collected the most signatures for a ballot measure in state history,” Planned Parenthood Advocates of Michigan said on Twitter. “Together, we WILL protect abortion access in Michigan.”
States seeking to eliminate abortion rights
Kansas
Kansas voters will decide in August whether to approve an amendment to the constitution that says nothing in the document creates a right to abortion or requires government funding for abortion and that the state legislature has the authority to pass laws regarding abortion. The state constitution currently protects the right to abortion, but a “yes” vote would remove that protection.
Kansas Gov. Laura Kelly, a Democrat, has clashed with the majority-Republican legislature over the proposed amendment. Kelly has argued that it would send the state back “to the Dark Ages” and would severely hinder the state’s economy by discouraging companies from relocating to the state.
Kentucky
Voters in Kentucky will decide in November whether to approve a constitutional amendment adding language that reads: “To protect human life, nothing in this Constitution shall be construed to secure or protect a right to abortion or require the funding of abortion.”
The Kentucky amendment has a high chance of passing. Fifty-seven percent of Kentucky voters believe that abortion should be illegal in most or all cases, compared to 36% who say it should be legal in most or all cases.
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Pennsylvania
Pennsylvania legislators cleared the path for a new ballot measure that will ask people to consider a constitutional amendment saying there is no right to an abortion or a right to taxpayer funding for the procedure. The amendment must first be approved by a majority vote in both chambers in two consecutive years, meaning it will not appear on the ballot until 2023 at the earliest.
If voters approve the amendment, it will stipulate in the state constitution that the law does not “grant the right to taxpayer-funded abortion or any other right relating to abortion.” By passing the amendment, the Republican-led state legislature is shielded from legal action from abortion rights advocates who argue restrictions are unconstitutional.
