3 states reject pro-abortion ballot measures while 7 other states expand abortion

Voters in Florida, Nebraska and South Dakota on Tuesday night voted down major pro-abortion proposals in their states, while seven other states saw voters approve measures to expand abortion, in several cases codifying abortion access into the state constitution.

After back-to-back pro-life losses in half a dozen states since 2022, the rejection of the pro-abortion measures in three states on Tuesday represent the first victories at the ballot box for pro-life advocates since the overturning of Roe v. Wade.

Meanwhile, several states that already do little to restrict abortion committed to make the procedure even more accessible. And in a handful of states, notably Missouri, Tuesday’s results could ultimately negate the strong pro-life legal protections currently in place.

Here’s a breakdown of the results in each state that voted on abortion Nov. 5.

An “equal rights” amendment will be added to the New York Constitution after voters approved it Tuesday. New York is already a haven for abortion, which is accessible through all nine months of pregnancy.

Though it does not explicitly mention abortion, New York’s Proposal 1 will bar discrimination based on “pregnancy outcomes,” “gender expression,” and “reproductive health care and autonomy,” effectively enshrining abortion in the state constitution.

On May 7, a New York state court blocked the proposal from reaching the ballot, citing procedural errors. A unanimous appellate court decision on June 18 reversed the lower court ruling, placing the measure back on the ballot.

The bishops of New York state had urged Catholic New Yorkers to oppose Proposal 1, warning that it would enshrine the right to abortion in the state constitution as well as potentially restrict parents’ rights to make medical and other decisions for their minor children, including so-called “gender affirming” procedures.

Arizona, Colorado, Maryland, Missouri, Montana and Nevada also constitutionalized abortion. Florida South Dakota voted to keep pro-life protections in place.

Nebraska voters were in the unusual position of choosing between two competing abortion-related ballot measures, one pro-life and one pro-abortion. The voters rejected the measure that would have expanded abortion and approved one that restricts abortion after 12 weeks of pregnancy. 

The proposed “Protect Women and Children” amendment, Initiative 434, amends the state constitution to outlaw abortion “in the second and third trimesters” except in cases of medical emergencies or when the baby is the result of rape or incest. The measure passed roughly 55-45. 

Nebraska’s current state law restricts abortion after roughly 12 weeks. 

Meanwhile, voters rejected the pro-abortion ballot measure, Initiative 439, which would have enshrined in the state constitution the “right” to have an abortion until the point of viability or later to protect the health of the pregnant woman.

Officials had clarified that because the Nebraska measures are mutually exclusive and could both be added to the constitution, the measure with the most “for” votes would be adopted.