Monday, November 7, 2022

State Ballot Initiatives on Abortion

Four states have abortion rights explicitly on the ballot for voters this week. This election cycle is the highest number of ballot measures relating to abortion since 1986, according to Ballotpedia, and the most ever proposing affirmative constitutional protections for abortion access. 

  • California's proposed amendment seeks to add the following text: 
    The state shall not deny or interfere with an individual’s reproductive freedom in their most intimate decisions, which includes their fundamental right to choose to have an abortion and their fundamental right to choose or refuse contraceptives. This section is intended to further the constitutional right to privacy guaranteed by Section 1, and the constitutional right to not be denied equal protection guaranteed by Section 7. Nothing herein narrows or limits the right to privacy or equal protection.
  • Michigan voters will consider Proposal 3, seeking to add a constitutional right to reproductive freedom, defined as "The right to make and effectuate decisions about all matters relating to pregnancy, including but not limited to prenatal care, childbirth, postpartum care, contraception, sterilization, abortion care, miscarriage management, and infertility care."

  • Vermont voters will consider Proposal 5, adding the following language to the state constitution: "an individual's right to personal reproductive autonomy is central to the liberty and dignity to determine one's own life course and shall not be denied or infringed unless justified by a compelling State interest achieved by the least restrictive means."

  • Kentucky's referendum seeks to add a new section to the constitution stating, "to protect human life, nothing in this Constitution shall be construed to secure or protect a right to abortion or require the funding of abortion."

https://lawprofessors.typepad.com/gender_law/2022/11/state-ballot-initiatives-on-abortion-.html

Abortion, Constitutional, Legislation, Reproductive Rights | Permalink

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