Abortion rights expand as voters decide key state measures

In 2022, the U.S. Supreme Court overturned the 1973 Roe v. Wade decision, which established federal abortion rights up to the point of fetal viability outside the mother's body. As a result of this ruling, individual states were allowed to restrict or ban abortion, which 21 states have utilized.

Texas, Idaho, and North Dakota have implemented almost total bans on abortion, with exceptions generally for rape, incest, or threats to the mother's life.

In some states, organizations fighting to preserve abortion rights have initiated efforts to guarantee its legality through amendments to state constitutions.

Residents of ten states participated in abortion referendums during the presidential elections. Amendments were passed in Missouri, Arizona, Colorado, Maryland, and Montana. Voters in Nevada also approved the amendment but will need to vote on it again in 2026 for it to take effect. Another amendment was passed in New York. Although it does not explicitly mention "abortion," it prohibits discrimination based on sex, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy.

The amendments did not pass in Florida, Nebraska, and South Dakota. Although most voters in Florida supported the amendment, it did not achieve the 60 percent support required by the state constitution.

Passing the amendments does not, however, automatically repeal restrictive laws. Supporters must appeal to the courts to adjust legal regulations to the changes introduced by the amendment.

Currently, 13 states prohibit— with certain exceptions— abortion. Four more states prohibit abortion in most cases after about six weeks of pregnancy. Despite the bans introduced over the past two years, the number of abortions in the United States has slightly increased, according to the Associated Press agency.