What States Have Abortion Rights on the Ballot?

5 States With Abortion Rights on the Ballot

On Tuesday, five states will have abortion rights on the ballot. These initiatives come only months after the U.S. Supreme Court overturned Roe v. Wade, taking away the federal right to abortion -- something that affects multiple groups in the LGBTQ+ community, ranging from women to trans men to gender-nonconforming people. Now several states are looking to either codify that right in state constitutions or outright ban abortion.

The 6-3 SCOTUS ruling in June came in the case of Dobbs v. Jackson Women's Health Organization, which involved a Mississippi law that banned most abortions after 15 weeks of pregnancy. The court heard the case in December 2021, and a draft opinion, written by Justice Samuel Alito, was leaked to the press in May.

Since the ruling, abortion has been on the minds of many voters. In a recent Gallup poll, 84 percent of respondents said that abortion was important for them and 42 percent said it was extremely important.

Here are the states with abortion rights on the ballot.

(Images via Shutterstock.)

California

Voters in California are voting Tuesday on whether to codify the right to "reproductive freedom," which would protect access to both abortion and contraception, in the state constitution.

While a law has been passed before, the 19^th News notes that a state constitutional provision would strengthen that right. It also makes the protection harder to repeal.

It's pretty much a given that it'll pass, according to recent polling. Almost 70 percent were in favor of the measure with 25 percent opposed to it.

Kentucky

On the ballot Tuesday, voters in Kentucky will vote on a proposed constitutional amendment that would specify that the state constitution does not protect a person's right to an abortion.

This is similar to the vote earlier this year in Kansas that saw the proposal rejected. If it passes, it could indicate voters in red states are rejecting the popular discourse that abortion rights are unpopular in conservative areas of the country.

There are also two current abortion bans in place that are being reviewed by the state Supreme Court. However, those decisions won't come until after the election.

Michigan

Right now abortion is legal in Michigan. However, that's only because courts have temporarily blocked a 1931 law banning abortion access from going into effect.

Michiganders will vote on an amendment to allow access to abortion. The state has seen an uptick in the number of abortions in the state. A study last month found that that there was an 8 percent rise between April and August.

A poll from WDIV/Detroit News found 55 percent of Michigan voters in favor of the amendment protecting abortion. If the amendment is approved, the state will be the first to permanently end an abortion ban since the Supreme Court's decision overturning Roe V. Wade last summer.

Montana

In 1999, the state Supreme Court ruled in favor of abortion rights. However, this time around, voters will be weighing in on a law that would require medical care be provided to "infants born alive after an induced labor, cesarean section, attempted abortion, or another method."

How does the proposed law define "born alive"? That would mean a being that "breathes, has a beating heart, or has definite movement of voluntary muscles."

Failure to do so could be punishable of a $50,000 fine and 20 years in prison.

Montana's medical groups have criticized the measure. They've said that the law is so vague it could force doctors to remove infants that are not going to survive from parents who are wanting to hold or even baptize their child since the doctors would be required to perform medical care.

Vermont

In Vermont, voters will be choosing to codify "reproductive autonomy" as a right.

The amendment on the ballot states, "The right to reproductive liberty is central to the exercise of personal autonomy and involves decisions people should be able to make free from compulsion of the State."

It's expected to pass. Over 75 percent of Vermont voters polled were in favor of it.