Tuesday, November 8, 2022

5 States Have Abortion on the Ballot: CA, KY, MI, MT, VT

NYT, Five States Have Abortion on the Ballot

Here are the states where abortion referendums will be decided on Election Day.

Michigan’s Reproductive Freedom For All proposal would protect the right to make decisions about “all matters relating to pregnancy” in the state, where a 1931 law that would make abortion illegal was blocked from taking effect by a court ruling earlier this fall.

The proposal would allow the state to regulate abortion after fetal viability, which is usually around 24 weeks, except in cases where abortions are medically necessary to protect the “physical or

mental health” of the woman. The 1931 law does not include exceptions for rape, incest or the health of the mother, and it threaten doctors who perform the procedure with up to 15 years in prison.

Voters will decide whether to enshrine abortion rights in the state Constitution. Separately, California’s Democratic governor, Gavin Newsom, has urged Hollywood companies to stop filming in states like Oklahoma and Georgia, where stricter abortion laws are in place, and recently signed a package of 12 bills meant to strengthen abortion rights in the state, where the procedure is permitted up to fetal viability.

Kentucky voters will be asked to approve a revision to the state

Constitution to make clear it does not protect the right to abortion. It is a safeguard against potential legal challenges to the state’s existing law restricting abortion, which went into effect over the summer.

The ballot initiative won’t affect typical abortion access in the state, where the procedure is permitted until viability or if necessary to prevent a serious health risk to the mother. [Ed: Though a case, Knudsen, is challenging this restriction].

Rather, the measure would require mandatory medical interventions to save those the state defines as “born-alive” infants — which can include fetuses diagnosed as nonviable — and establish criminal penalties for health care providers who refuse to intervene.

The Reproductive Liberty Amendment, if enacted, would enshrine the right to an abortion in the state Constitution. Abortion is already legal in the state, without a time limit, and that will continue even if the amendment fails.


Abortion, Constitutional, Reproductive Rights | Permalink


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