Abortion Law: Here’s Every State Where Reproductive Rights Are on the Ballot

Now, fetal viability, of course, is complicated, as there’s no clear date upon which a fetus suddenly becomes “viable” (in fact, the American College of Obstetrics and Gynecology “strongly discourages” using this language in abortion legislation because of this). According to the proposition, though, this term conveys the point at which “in the good-faith judgment of a treating health care professional, the fetus has a significant likelihood of survival outside the uterus.”

Currently in Arizona, abortion is legal up to 15 weeks of pregnancy, and is allowed after the fact if there’s a “medical emergency.” So Prop 139 would not only allow abortions later in pregnancy, when many fetal anomalies are first detected, but would enshrine reproductive rights into law.

Colorado Amendment 79

Colorado has been among the most liberal states in the nation when it comes to reproductive rights; it’s one of a handful that doesn’t put a restriction on abortion at any stage. But now, the state is taking a step to enshrine those rights into its Constitution.

Amendment 79 would make the right to an abortion a recognized guarantee, ensuring that the government can “not deny, impede, or discriminate against the exercise of that right, including prohibiting health insurance coverage for abortion.” It also would repeal an amendment from 1984, which stops public funds from being used for abortions.

Since the measure is an amendment to the state Constitution, it will require 55 percent of the vote to pass.

Florida Amendment 4

Floridians are going to have the chance to substantially restore reproductive rights in their state on Election Day with Amendment 4, which would make abortion legal up to the point of viability.

The amendment would further protect the right to choose by stating that “no law shall prohibit, penalize, delay, or restrict abortion” under these circumstances in the future. Past the point of viability—which again, is an imperfect measure—abortion would also be legal in cases where it is necessary to “protect the patient’s health, as determined by the patient’s healthcare provider.”

The amendment would be a huge win for advocates, as Florida’s Republican-controlled legislature enacted a near-total abortion ban earlier this year. The current law bans abortions after six weeks of gestation, a.k.a. two weeks after a missed period and before many women even know they are pregnant. It doesn’t include exceptions for rape or incest. It also makes it a felony for doctors if they are charged with performing an abortion outside of these narrow legal parameters. Therefore, if Amendment 4 passed, it would not only restore abortion rights for Floridians, but supporters also are intending that it would ensure they would be protected in the future.

Maryland Question 1

Like Colorado, Maryland’s amendment on abortion rights is more of a preventive measure rather than a mandate that will enact sweeping change. That’s because the state similarly does not restrict abortion at any gestational age, making it another of one of the most progressive places in the country for reproductive rights.