Nevada Abortion Legislation: Law Or Not?

Abortion legislation in Nevada has been a topic of interest for many years, with the state's laws undergoing several changes. In 1990, Nevada voters approved a referendum that safeguarded the state's law legalizing abortion until 24 weeks of pregnancy. This law was further affirmed in 2024 when voters approved an amendment to the Nevada Constitution to protect abortion rights. However, this amendment requires a second vote in 2026 to become effective. The Trust Nevada Women Act, signed into law in 2019, made several changes to existing abortion laws, including decriminalizing abortion procedures and removing informed consent laws. Nevada is one of nine states where abortion rights are on the ballot, with voters deciding on whether to enshrine the right to abortion in the state constitution.

Nevada voters approved an amendment to the state constitution to protect abortion rights

In 2024, Nevada voters approved an amendment to the state constitution to protect abortion rights. This amendment, which will create a fundamental right to abortion until foetal viability, is set to be voted on again in 2026, and if approved, will come into effect.

The amendment was proposed by Nevadans for Reproductive Freedom, a political action committee, and required a certain number of signatures to be approved for voting. In May 2024, the group announced that they had submitted over 200,000 signatures, far more than the 102,000 required. In June, the Nevada Secretary of State's office certified that enough signatures had been collected, and the amendment will now be put to voters in November 2024.

The proposed amendment is a response to the U.S. Supreme Court's overturning of Roe v. Wade, which established a nationwide right to abortion. While abortion has been legal in Nevada since 1990, when voters passed a referendum, a state law is more vulnerable to change than a constitutional protection.

The amendment has been opposed by anti-abortion groups, such as Nevada Right to Life, which claims that the amendment is "based on lies" and funded by "out-of-state dark money".

The amendment requires a second vote in 2026 to be effective

In 2024, Nevada voters approved an amendment to the state constitution to protect abortion rights. However, this amendment requires a second vote in 2026 to become effective and truly enshrine abortion access into law.

The amendment, known as the Nevada Right To Abortion Initiative, seeks to protect abortion access up until the point of fetal viability. This is defined as "after 24 weeks", according to Nevada Revised Statutes chapter 442, section 250, or "after 21 weeks", according to doctors. The law also allows for abortions after 24 weeks if the pregnancy could be fatal for the mother.

The 2024 vote was the first test of the measure, and the second vote in 2026 will be necessary to amend the state constitution. This two-vote process is required for any proposed changes to the Nevada state constitution.

The amendment does not expand current abortion access in the state, but it adds an extra layer of protection. State laws are more vulnerable to change and can be reversed by a voter referendum. However, by requiring a second vote in 2026, the amendment ensures that abortion rights are protected in Nevada for the foreseeable future.

Nevada law prohibits abortion at 24 weeks post-fertilization

In Nevada, abortions are prohibited after 24 weeks post-fertilization. This is enshrined in the state's law, which states: "No abortion may be performed...unless [it] is performed...within 24 weeks after the commencement of the pregnancy".

The law in Nevada allows for abortions to be performed within 24 weeks post-fertilization. After this point, abortions are only permitted in cases where there is a threat to the life or health of the mother.

The state's abortion laws were enshrined in 1990, when voters passed a referendum to safeguard the legal right to abortion. This means that any changes to the law, including the 24-week limit, would require another referendum.

In 2024, Nevada voters approved an amendment to the state constitution to further protect abortion rights, which will require a second vote in 2026 to come into effect.

Nevada's abortion laws are some of the most progressive in the country, with the state also offering additional protections. For example, an executive order was issued in 2022 to prohibit cooperation with out-of-state investigations and legal actions related to abortion care provided in Nevada. The state also restricts the provision of abortion care to licensed physicians and limits public funding for abortion.

The state restricts the provision of abortion care to licensed physicians

In the state of Nevada, abortion is legal, and the state restricts the provision of abortion care to licensed physicians. This means that only physicians who are licensed to practice in the state of Nevada are permitted to perform abortions. This restriction is outlined in the Nevada Revised Statutes (NRS) § 442.250(1), which specifies the conditions under which abortion is permitted in the state.

According to NRS § 442.250(1), abortions may only be performed by:

> "A physician licensed to practice in this state or by a physician in the employ of the government of the United States who:

>

> 1. Exercises his or her best clinical judgment in the light of all attendant circumstances including the accepted professional standards of medical practice in determining whether to perform an abortion; and

> 2. Performs the abortion in a manner consistent with accepted medical practices and procedures in the community."

This statute ensures that abortions in Nevada are carried out by qualified and licensed medical professionals, adhering to established medical standards and practices. It is a measure to safeguard the health and well-being of patients seeking abortion services.

In addition to restricting the provision of abortion care to licensed physicians, Nevada has also implemented several other regulations surrounding abortion. For instance, NRS § 442.250(1)(b) prohibits abortions after 24 weeks post-fertilization, with certain exceptions for cases where the physician deems it necessary to preserve the life or health of the pregnant woman. The state also requires parental notification for minors seeking abortions and has implemented reporting requirements for abortion procedures.

Nevada's abortion laws are shaped by the state's voters, who have played a significant role in safeguarding abortion rights. In 1990, Nevada voters passed a referendum legalizing abortion, and in 2024, they approved an amendment to protect abortion rights in the state constitution, pending a second vote in 2026 for it to take full effect.

The Nevada Right To Abortion Initiative will appear on the November 2024 and November 2026 ballots

The Nevada Right to Abortion Initiative, also known as Nevada Question 6, was on the ballot in Nevada as an initiated constitutional amendment on November 5, 2024. The ballot measure was approved.

In Nevada, initiated constitutional amendments need to be approved in two even-numbered election years, meaning that Question 6 needed to be approved in 2024 and 2026 to amend the Nevada Constitution. As Question 6 was approved in 2024, a second vote will be held on November 3, 2026.

The amendment would establish the right to an abortion in the Nevada Constitution until fetal viability or when necessary to protect the life or health of the pregnant patient. The amendment would establish that this right will not be denied, burdened, or infringed upon unless justified by a compelling state interest. Under this measure, fetal viability is defined as the point of pregnancy when "there is a significant likelihood of the fetus' sustained survival outside the uterus without the application of extraordinary medical measures," in the professional judgment of the patient's health practitioner.

The initiative was led by the Nevadans for Reproductive Freedom PAC, which reported $11 million in contributions as of September 30, 2024. The campaign in opposition to the initiative was led by the Coalition for Parents and Children PAC, which did not report any contributions as of September 30, 2024.

The Nevada Right to Abortion Initiative is part of a broader trend of ballot measures seeking to protect abortion access in the wake of the U.S. Supreme Court's decision in Dobbs v. Jackson Women's Health Organization, which overturned Roe v. Wade and returned the question of abortion legality to the states.

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