When the U.S. Supreme Court overturned Roe v. Wade in June 2022, it abolished the constitutional right to abortion and restored the ability of states to regulate the procedure. Now, in the wake of a hotly contested presidential election that ended with Donald Trump’s victory, several states have voted to enshrine reproductive rights in their state constitutions.
On Tuesday, Americans in 10 states voted on initiatives to protect or expand access to abortion. Seven of these states have successfully passed protective measures, underscoring the widespread unpopularity of restrictive abortion policies.
Arizona, Colorado, Maryland, Missouri, Montana, Nevada and Novel York have passed referendums affirming abortion rights, while measures to restore or expand access have failed in Florida, Nebraska and South Dakota. Abortion is already legal until viability in Maryland, Montana, and Novel York, and throughout pregnancy in Colorado without any restrictions, so adopting these measures will not change access to abortion in those states.
Nevada currently allows abortions up to 24 weeks of pregnancy, but a ballot initiative passed Tuesday would extend that period until the fetus is viable. Voters will have to approve the measure again in 2026 to formally change the state constitution.
Arizona and Missouri are two of many states that have decided to restrict access to abortion after the law was repealed Roe v. Wade. Arizona has banned abortion after the 15th week of pregnancy, but under the newly adopted amendment the law will become unconstitutional. In Missouri, a law prohibits abortion at any stage of pregnancy except to save the life of the pregnant person. The law, one of the county’s strictest abortion bans, made no exceptions for rape and incest. But on Tuesday, voters approved an amendment that would end the ban and amend the Missouri constitution to protect access to abortion.
In Florida, an amendment that would have banned laws restricting abortion gained 57 percent of the vote, falling miniature of the required 60 percent threshold. The state currently bans abortions after the sixth week of pregnancy and enforces other abortion restrictions.
Meanwhile, Nebraska voters weighed competing abortion rights measures on the ballot, ultimately passing one that upholds a ban on abortions after the 12th week of pregnancy. Voters in South Dakota rejected a proposal to protect abortion rights, maintaining a near-total ban there.