Abortion in the US post-election: How has it changed in states where measures were put on ballot?
Measures to enshrine a right to abortion in state constitutions have passed in seven out of 10 states where they were put on the ballot during the US presidential election.
Abortion rights have been a burning election issue in the US, with Kamala Harris portraying herself as the protector of women’s reproductive freedoms, while Donald Trump gave mixed messages on where he really stands on it.
Measures aimed at either protecting existing abortion rights or expanding them were put on the ballot in 10 different US states, as activists seek to repair the national unravelling of abortion rights, which came with the overturning of Roe vs Wade in 2022.
Maryland, Montana, Nevada and New York – where abortion is legal until foetal viability – and Colorado, where women have no limits on when or in what circumstances they can seek an abortion, have voted for their rights to be enshrined in their constitutions.
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Missouri and Arizona also voted for the right to be enshrined in their constitution.
Organisers claim the provisions will help protect pro-choice rights in the future.
We take a look at how different states fared. The results are based on projections by Edison Research or, where stated, the Associated Press (AP).
Florida – Failed
In Florida, where since May, abortions have been banned after the sixth week of pregnancy with rare exceptions, the ballot failed even though it was just short of the 60% needed to pass (although different states had a varying threshold).
Arizona – Passed
A major win for women in Arizona as the ballot measure amends the state constitution to guarantee abortion rights up to foetal viability, generally considered to be around 23 or 24 weeks.
The state currently bans abortions after the 15th week of pregnancy.
Missouri – Passed
Missouri was another state where women have achieved a significant win as the state, where abortion is currently banned with few exceptions, voted to amend its constitution to guarantee a “right to reproductive freedom”.
Read more: Supreme Court rejects bid to restrict access to abortion pill
Nevada – Passed
The ballot measure seeks to amend the state constitution to guarantee abortion rights.
State law already permits abortions up to 24 weeks, but amending Nevada’s constitution would make it harder to roll those rights back.
Voters would need to approve the measure twice, this year and again in 2026, to amend the constitution.
Montana – Passed
In Montana, the ballot measure would see abortion remaining legal and the right enshrined in the state constitution.
Colorado – Passed
And it’s the same in Colorado, where abortion remains legal.
South Dakota – Failed (AP projection)
Abortion is presently banned in South Dakota, with a few exceptions.
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Nebraska – Failed (AP projection)
Nebraska voters faced two opposing ballot measures. One, adding the right to access abortions to the state constitution, failed.
The other measure passed, enshrining the state’s current ban beyond 12 weeks, with exceptions for rape, incest and the life of the mother.
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New York – Passed
The ballot measure would amend the Equal Protection Clause of the New York Constitution to enshrine access to abortion and guarantee individuals’ autonomy over reproductive healthcare.
Abortion remains legal in New York.
Maryland – Passed
The ballot measure would amend the state constitution to guarantee a “right to reproductive freedom”, including the ability to continue or end one’s own pregnancy. Abortion remains legal in Maryland.
