Gavin Howe
Abortion laws vary widely across the United States, with some states banning abortions after the first trimester, and others allowing abortions until the fetus is viable outside the womb. In 2024, voters in nine states decided whether their state constitutions should guarantee a right to abortion, with measures to protect abortion rights succeeding in seven states: Arizona, Colorado, Maryland, Missouri, Montana, Nevada, and New York. However, these measures failed in Florida, Nebraska, and South Dakota. In 2025, Republican legislators in Missouri approved a ballot item that would ban most abortions in the state, with exceptions for rape, incest, and medical emergencies. This proposal will likely go to voters in 2026.
| Characteristics | Values |
|---|---|
| Number of states with abortion measures on the ballot | 41 |
| States with abortion measures on the ballot | Arizona, Colorado, Florida, Maryland, Missouri, Montana, Nebraska, Nevada, New York, Ohio, South Dakota, Utah, Vermont, Washington D.C. |
| States with competing measures | Florida, Nebraska |
| States with measures to expand abortion rights | Arizona, Colorado, Florida, Maryland, Missouri, Montana, Nevada, New York, Ohio, Vermont |
| States with measures to restrict abortion rights | Florida, Nebraska, South Dakota |
| States with measures to ban abortion | Missouri, Nebraska |
| States with measures to ban abortion after 12 weeks | Nebraska |
| States with measures to ban abortion after 15 weeks | Arizona |
| States with measures to allow abortion until fetal viability | Arizona, Colorado, Florida, Maryland, Montana, Nevada, New York, South Dakota |
| States with measures to allow abortion after fetal viability for the health of the pregnant woman | Arizona, Florida, Montana, Nevada, South Dakota |
| States with measures to allow abortion after 12 weeks in cases of rape and incest | Nebraska |
| States with measures to allow abortion performed by a minor | Missouri |
| States with measures to restrict gender-affirming care for minors | Missouri |
| States with measures to financially disincentivize challenging abortion laws in court | Texas |
| States with measures to allow lawsuits against manufacturers, distributors, and providers of abortion-inducing drugs | Texas |
| States with measures to legalize recreational marijuana for adults | Florida, North Dakota, South Dakota |
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What You'll Learn
Ballot measures to protect abortion rights
Since the US Supreme Court's 2022 decision in Dobbs v. Jackson Women's Health Organization, abortion rights have largely become a matter of state law. While some states have sought to restrict abortion rights, others have passed ballot measures to protect them.
In 2022 and 2023, California, Michigan, Ohio, and Vermont voted to amend their constitutions to enshrine abortion rights. In 2024, voters in seven states—Arizona, Colorado, Maryland, Missouri, Montana, Nevada, and New York—passed measures to protect abortion rights. In Arizona, voters overturned an abortion ban that had been in place since the overturning of Roe v. Wade in 2022. Proposition 139 guarantees abortion access up to fetal viability, which is typically around 24 weeks, and allows exceptions for abortions after 24 weeks if the pregnant person's life or health is in danger.
In Nevada, the ballot measure to protect abortion rights requires a second vote in 2026 before being added to the state Constitution. Similarly, in Montana, a ballot measure to safeguard the state-level right to abortion will serve as a protection against restrictive laws in the future.
While Missouri Republicans have sought to ban most abortions in the state, voters in Missouri approved a measure to protect abortion rights in 2024. However, in 2025, Missouri senators passed a measure that, if approved by voters in 2026, could ban most abortions in the state.
Overall, abortion rights are protected by state law in 21 states and the District of Columbia, while they are at risk of being severely limited or prohibited in 26 states and three territories.
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State-level protection and constitutional amendments
In 2024, voters in multiple states took to the ballots to decide on abortion-related measures, with a focus on enshrining abortion rights in state constitutions. States such as Arizona, Colorado, Maryland, Missouri, Montana, Nevada, and New York successfully passed measures protecting abortion rights, while Florida, Nebraska, and South Dakota saw the failure of similar measures. These state-level protections are significant in safeguarding access to abortion services within those states, often guaranteeing the right to abortion until fetal viability and allowing exceptions for the health and well-being of the pregnant person.
The success of these state-level protections is evident in states like Arizona, where voters overturned an existing abortion ban. Arizona's Proposition 139 amended the state constitution to establish a fundamental right to abortion before fetal viability, which is typically around 24 weeks. This amendment also included critical exceptions for the protection of the pregnant person's health and prohibited penalties for those assisting with abortion access.
However, it is important to note that some states, like Missouri, have had a complex back-and-forth regarding abortion laws. Missouri, which previously had one of the strictest abortion bans in the US, saw voters approve Amendment 3, legalizing abortion up to fetal viability and allowing for exceptions in cases of rape, incest, and medical emergencies. Despite this progressive step, Republican legislators in the state have continued to push for restrictive measures, with a proposal to ban most abortions expected to go before voters in 2026.
The variation in state-level protections and constitutional amendments highlights the ongoing battle over abortion rights in the United States. While some states have successfully enshrined abortion rights into their constitutions, others continue to face challenges from conservative lawmakers and anti-abortion activists. As a result, abortion rights advocates remain vigilant, utilizing strategies such as fundraising and organizing to counter these efforts and protect access to reproductive healthcare.
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Legislative referrals and citizen initiatives
Legislative referrals are introduced and approved by lawmakers before they appear on the ballot for citizens to vote on. For instance, in 2022, the Arkansas legislature placed a constitutional amendment on the ballot that would have increased the percentage of votes needed for ballot measures to pass to 60% (up from a simple majority). However, voters in Arkansas rejected the measure. Similarly, in 2023, an Ohio Reproductive Freedom Amendment passed, prohibiting any state laws that "burden, penalize, prohibit, interfere with or discriminate" against abortion care and abortion providers.
Citizen initiatives, on the other hand, allow citizens to initiate laws and place proposed laws on the ballot. In 2024, eight out of ten states voting on abortion measures did so through citizen initiatives. However, thirteen states with abortion bans or earlier gestational limits do not have a citizen initiative process to amend their constitutions. In these states, citizens cannot directly vote on abortion laws beyond electing legislators who support abortion rights. Additionally, some states are trying to restrict who can circulate petitions for citizen initiatives. For example, a new Arkansas law requires paid petition canvassers to live in the state, and a new Montana law will require petition circulators to wear badges displaying their name and home state.
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The impact of political parties on abortion laws
Political parties have played a significant role in shaping abortion laws in the United States. The issue of abortion has become increasingly polarised along partisan lines, with the Democratic Party generally supporting abortion rights and identifying as "pro-choice", while the Republican Party, influenced by religious conservatives and the Christian Right, has adopted a more anti-abortion stance.
Historically, the Democratic Party has been associated with abortion rights and has worked to protect and expand access to abortion. This alignment is influenced by the party's ties to feminist organisations and a focus on reproductive rights. For example, in states like Colorado, Maryland, and New York, Democratic-controlled governments have successfully passed measures to protect abortion rights and ensure access. Additionally, in states like California, Michigan, and Ohio, Democratic lawmakers have amended state constitutions to safeguard abortion rights.
On the other hand, the Republican Party has become increasingly associated with anti-abortion politics. This shift can be attributed to the influence of religious conservatives and the Christian Right, who prioritise "pro-life" values. In states like Missouri, Republican legislators have actively worked to ban or restrict abortion access. For instance, Sen. Adam Schnelting's proposal seeks to ban most abortions, with exceptions for rape, incest, and medical emergencies. While this proposal has faced opposition, it highlights the Republican Party's stance on abortion and its efforts to shape abortion laws in their states.
The polarisation of abortion politics along partisan lines has significant implications for voters. Voters who prioritise abortion rights may be motivated to support specific political parties or candidates based on their stance on abortion. This can influence election outcomes and shape the future direction of abortion laws. For example, the success of abortion rights measures in several states indicates a growing support for reproductive rights, which may influence the strategies of conservative groups and political parties.
Overall, political parties have had a profound impact on abortion laws in the United States. The polarisation of the issue along partisan lines has resulted in distinct approaches to abortion policy, with the Democratic Party generally supporting abortion rights and the Republican Party advocating for restrictions or bans. This dynamic continues to shape abortion legislation at both the state and federal levels, influencing the options available to voters who want to have a say in shaping abortion laws.
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Abortion laws in specific states, e.g., Missouri, Arizona, Florida
Abortion laws in specific states
Missouri
In November 2024, Missouri voters approved Amendment 3, which amended the state's constitution to provide the right to reproductive freedom. This includes the right to make and carry out decisions about all matters relating to reproductive health care, including abortion care. The amendment allows the state legislature to enact laws regulating abortion after fetal viability, defined as "the point in pregnancy when there is a significant likelihood of the fetus's sustained survival outside the uterus without the application of extraordinary medical measures."
However, in May 2025, Republican state lawmakers approved a new referendum seeking to repeal Amendment 3 and ban most abortions, with exceptions for rape and incest. The proposed constitutional amendment will go back to voters in November 2026, or sooner if a special election is called. This recent development highlights the changing landscape of abortion laws in Missouri, with the state's abortion policies swinging dramatically in recent years.
Arizona
In November 2024, Arizona voters approved Proposition 139, which established a fundamental right to abortion under the state's constitution. This proposition added a new provision to the Arizona Constitution, declaring that "every individual has a fundamental right to abortion" and limits the government's ability to interfere with that right depending on whether the abortion is sought before or after fetal viability.
Arizona has numerous laws regulating abortion, and it will take time to determine how the new constitutional right to abortion impacts these existing statutes. Some laws, such as those prohibiting pre-viability abortions, clearly conflict with the new constitutional right and are no longer enforceable.
Florida
In November 2024, Florida voters considered Amendment 4, which would have guaranteed the right to abortion until fetal viability. However, the measure failed to meet the required 60% threshold to pass. As a result, Florida's strict law banning abortion after the sixth week of pregnancy, with limited exceptions, remains in place. The defeat of Amendment 4 was influenced by opposition from Republican Governor Ron DeSantis, who used state resources to persuade voters to reject the amendment.
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Frequently asked questions
Missouri's existing ban prohibits abortion throughout pregnancy with no exceptions for rape or incest, only allowing it to save the mother's life or prevent serious injury. In 2024, Missouri voters approved Amendment 3, which legalized abortion up to fetal viability. In 2025, Republican legislators approved a ballot item that would ban most abortions in Missouri, with exceptions for rape, incest, and medical emergencies. This proposal will likely go to voters in 2026.
Texas passed an abortion ban in 2021, which was enforced through private lawsuits. The Texas abortion pill bill allows anyone who manufactures, distributes, mails, prescribes, or provides an abortion-inducing drug to be sued for up to $100,000. While the bill cannot be challenged in state courts, it may be possible for a judge who feels the law is unconstitutional to hear the case.
Nebraska has competing ballot measures. One measure would allow abortion further into pregnancy, while the other would enshrine the state's current law, which bars most abortions after 12 weeks. If both measures pass, the one with the most votes will take effect.
