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Right to Reproductive Freedom with Protections for Health and Safety [1] | |||||||||||||
Results | |||||||||||||
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Yes: 50–60% 60–70% 70–80% 80–90% No: 50–60% 60–70% 70–80% 80–90% |
Elections in Ohio |
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The 2023 Ohio reproductive rights initiative, [2] officially titled "The Right to Reproductive Freedom with Protections for Health and Safety" and listed on the ballot as Issue 1, [3] was a citizen-initiated constitutional amendment adopted on November 7, 2023, by a majority (56.8%) of voters. It codified reproductive rights in the Ohio Constitution, including contraception, fertility treatment, miscarriage care, and abortion up to the point of fetal viability, [lower-alpha 1] restoring Roe v. Wade -era access to abortion in Ohio. [4]
In 2019, the state legislature passed a near-total ban on abortion in Ohio, without exceptions for rape, incest, minors, or the health of the mother. The statute became active after the Supreme Court of the United States held in Dobbs v. Jackson Women's Health Organization that the U.S. Constitution does not confer a right to abortion. While the ban was in place, multiple children fled the state seeking abortions after being raped. [5] One such case involved a ten-year-old girl from Columbus, Ohio, who traveled to Indiana (where abortion was legal at the time) for the procedure, generating national attention and becoming a central campaign issue. [5] A state court put the ban on hold while a challenge alleging it violated the Ohio Constitution was heard. [6] Several members of the "no" campaign had called for bans on forms of birth control that prevent the implantation of a fertilized egg and in vitro fertilization if the initiative failed. [7] [8]
The "yes" campaign drew support from Ohio medical organizations, [9] doctors, [9] economists, [10] trade unions, [11] editorial boards, [11] reproductive rights groups, [11] and several religious organizations. [12] They argued that a "yes" vote would further limited government, protect bodily autonomy and religious liberty, while preventing interference with patient-physician privacy. [8] The American College of Obstetricians and Gynecology, alongside other professional associations of doctors, campaigned for Issue 1. [8] [13] In late August 2023, former President Donald Trump, who appointed three of the Supreme Court justices who voted to overturn Roe v. Wade, condemned six-week abortion bans, including Ohio's, as going "too far" and a "terrible mistake". [14] [15] Religious groups were generally divided on the issue. [lower-alpha 2] [12]
Ohio is a moderately conservative state – Donald Trump easily won the state over Joe Biden in the 2020 presidential election –so the results of the referendum were widely seen as a bellwether for the national opinion on abortion rights. [17] Voters have supported the "pro-choice" side along overwhelming and bipartisan margins in referendums since the overturning of Roe v. Wade in 2022. [18] [19] Ohio's neighbor Michigan had a similar referendum a year earlier in November of 2022, which passed by a nearly identical margin.
Ohio's Issue 1 was the first time since the Dobbs decision that voters of a conservative state were asked whether to enshrine abortion protections in their state constitution. As such, the referendum's approval was widely interpreted as evidence for a national consensus in favor of broad abortion rights. [20] [21] Among those between 18 and 24 years old, an estimated 76% voted for Issue 1. [22] Some conservative political analysts and commentators called a continued alliance with the anti-abortion movement "untenable" and an "electoral disaster", and urged the party to adopt a more pro-choice stance on the issue. [23] Exit polling indicated that 61% of Ohioans agree that abortion should be legal in most or all cases, versus only 37% who disagree. [24]
Be it Resolved by the People of the State of Ohio that Article I of the Ohio Constitution is amended to add the following Section:
Article I, Section 22. The Right to Reproductive Freedom with Protections for Health and Safety
A. Every individual has a right to make and carry out one's own reproductive decisions, including but not limited to decisions on:
B. The State shall not, directly or indirectly, burden, penalize, prohibit, interfere with, or discriminate against either:
unless the State demonstrates that it is using the least restrictive means to advance the individual's health in accordance with widely accepted and evidence-based standards of care.
However, abortion may be prohibited after fetal viability. But in no case may such an abortion be prohibited if in the professional judgment of the pregnant patient's treating physician it is necessary to protect the pregnant patient's life or health.
C. As used in this Section:
D. This Section is self-executing.
In 2019 the Ohio legislature passed a near-total ban on abortion, without exceptions for the health of the mother, rape, incest, or minors.
This current statute became briefly active after Dobbs v. Jackson Women's Health Organization, which overturned Roe v. Wade and allowed states, including Ohio, to impose unlimited limitations on abortion access. During the time it was in place, multiple children fled the state for abortions after being raped. [5] The most notable case involved a ten-year-old girl from Columbus, Ohio, who traveled to Indiana on June 30, 2022, to get an abortion because then-current statutory law in Ohio did not provide an exception those who became pregnant because of rape. Her case drew national attention and commentary from public figures, due in part to its proximity to the June 24, 2022, decision of the Supreme Court of the United States in Dobbs. [6] [25] [26] [27]
Her rapist was arrested by July 13. Before this arrest was made public, Ohio politicians who oppose legal abortion access called the story a hoax; Ohio's attorney general Dave Yost said, "Every day that goes by, the more likely that this is a fabrication." [28] After news of the arrest validated the Star's story, these sources did not apologize for claiming the story was a hoax. [29] Jim Bopp, the general counsel for the National Right to Life Committee, said in an interview that the child should have been legally forced to carry the pregnancy to full term and give birth, and that "She would have had the baby, and as many women who have had babies as a result of rape, we would hope that she would understand the reason and ultimately the benefit of having the child." [30] In September 2022, shortly after Ohio's 6-week abortion ban went into effect, a woman made national news when she almost bled to death after an Ohio hospital refused to treat her miscarriage. [31] Presently, "a state court put the ban on hold again while a challenge alleging it violates the state constitution plays out". [6] [ clarification needed ]
On February 21, 2023, Ohioans for Reproductive Freedom, the group leading support for the initiative, filed the amendment's language with the office of Ohio Attorney General, Dave Yost, [32] who certified it on March 2. The proposed amendment was then sent to the Ohio Ballot Board, [33] which further certified it on March 13, permitting supporters to begin collecting signatures. [4] On July 5, supporters filed 709,786 signatures, nearly 300,000 more than the minimum number required. The Ohio Secretary of State, Frank LaRose, certified the petition on July 25, 2023, after certifying 495,938 valid signatures, more than the approximately 410,000 required. [34]
The Ohio Republican Party tried to thwart this constitutional amendment by attempting to change the rules so as to increase to 60% the threshold required for referendum passage in an August 8 special election, known as August 2023 Ohio Issue 1. The voters of Ohio rejected this change 57%–43%, keeping the threshold for passage at a simple majority. [35]
On August 11, the Ohio Supreme Court unanimously rejected a lawsuit, filed by Republican former state Representative Tom Brinkman and 2022 Republican state representative candidate Jenn Giroux, that would keep the initiative off the ballot. [36] [37]
The campaign for the initiative drew support from Ohio scientific and medical communities, [38] [39] economists, [10] trade unions, [11] editorial boards, [11] human rights, [11] and many religious organizations. They argued that the initiative would limit government, protect bodily autonomy and religious liberty, and prevent interference with personal medical decisions, including another situation similar to the aforementioned abortion case. [8] The American College of Obstetricians and Gynecologists, alongside other professional associations of physicians, campaigned for the citizen-initiated constitutional amendment. [8] According to legal historian Mary Ziegler, "The main force behind the ballot initiative was physicians who said, 'We are not willing to practice medicine under this regime and we think voters support us.'" [9]
While several Ohio's Catholic dioceses condemned the measure, many Catholic voters were expected to vote for "yes", along with several dissenting groups, including Catholics for Choice. [40]
Lizzie Marbach @LizzieMarbach The use of birth control, IVF, & other unnatural means of "family planning" has brainwashed us into believing that WE are the authors of when life begins.
This belief has caused so much evil and ultimately led to the death of over 60 million babies due to abortion.
September 11, 2023 [41]
Shortly before the election there was a major rift within the Ohio Right to Life (ORTL) organization. The campaign suffered from intense infighting after comments made by Lizzie Marbach, the organization's communications director. [42] Marbach called for restrictions or bans on birth control and in vitro fertilization. She was fired in mid-August 2023. [42]
Several Catholic anti-abortion activists urged opponents of the measure to not cast a ballot, or, cast one intentionally spoiled as a protest vote in the wake of the controversy, stating that the "against" campaign was furthering anti-Catholicism. [42]
Proponents of the amendment initially suggested that the amendment appear in full on voters' ballots in November. However, the Ohio Ballot Board substituted its own summary wording to appear before voters. The summary, written by Ohio Secretary of State and Republican Senate candidate Frank LaRose and approved by the Ballot Board's Republican majority, received criticism for its allegedly biased language, including opting for the phrase "unborn child" over the medically accurate term "fetus" and omitting reference to other rights the proposed amendment would protect, including contraception, miscarriage care, and fertility treatment. Abortion rights groups sued to have the full text of the amendment presented on the ballot, but the Republican majority on the Ohio Supreme Court sided with the Ballot Board, allowing the language to appear in the ballot summary. [43]
The Ballot Board's summary received criticism from medical groups as well as some voices opposed to legal abortion access, who have described it as deliberately deceiving voters to vote "no" under false pretexts. [44] National conservative columnist Jude Russo wrote, "We have failed to persuade the American people. Simply put: Lawyerly tricks (and tricky lawyers) are losers. Asking the commons to cede power voluntarily is a loser." [45] The American College of Obstetricians and Gynecologists stated, "The language used to discuss abortion has a profound impact on how people form their opinions about reproductive health care, and the emotionally charged language that will now be presented to voters is neither clinically nor legally sound." [44]
Advertisements from the "no" campaign claimed that the referendum would take away parental rights and force transgender surgery on children. The claims received widespread criticism from legal experts, who described them as baseless and misleading. [46] Constitutional law expert Jonathan Entin wrote: [46]
If you drink too much alcohol, if you ingest certain drugs, if you drive too fast –all of those things could have shorter or longer term implications for your ability to reproduce... That doesn't mean that speed limits and drug laws and alcohol regulations are somehow going to be affected by this amendment if it's adopted.
Catholic anti-abortion columnist Mary Pezzulo criticized the advertisements for discussing parental rights while ignoring the anti-abortion movement's mission to "protect the lives of unborn babies". She wrote, "They're lying to get people to vote against Issue 1." [47]
Poll source | Date(s) administered | Sample size [lower-alpha 3] | Margin of error | For | Against | Undecided |
---|---|---|---|---|---|---|
Data for Progress | October 31–November 2, 2023 | 582 (LV) | ± 4% | 57% | 40% | 3% |
Ohio Northern University | October 16–19, 2023 | 668 (RV) | ± 3.8% | 60% | 40% | - |
Baldwin Wallace University Community Research Institute | October 9–11, 2023 | 569 (RV) | ± 4.5% | 58% | 34% | 8% |
Fallon Research & Communications, Inc. | August 22–25, 2023 | 501 (RV) | ± 4.37% | 55% | 35% | 10% |
Ohio Northern University | July 17–26, 2023 | 675 (LV) | ± 3.7% | 54% | 30% | 16% |
USA Today/Suffolk University | July 9–12, 2023 | 500 (LV) | ± 4.4% | 58% | 32% | 10% |
Scripps News/YouGov | June 20–22, 2023 | 500 (LV) | ± 5.95% | 58% | 23% | 20% |
Baldwin Wallace University Community Research Institute | September 30–October 3, 2022 | 856 (RV) | ± 2.8% | 59% | 27% | 14% |
Committee | Position | Contributions | Expenditures |
---|---|---|---|
Ohioans United for Reproductive Rights | Support | $39,200,000 | $26,200,000 |
Protect Women Ohio | Oppose | $27,000,000 | $24,300,000 |
Donors | Position | Contributions |
---|---|---|
The Concord Fund/Judicial Crisis Network | Oppose | $25,000,000 |
Susan B. Anthony Pro-Life America | Oppose | $12,500,000 |
Protect Women Ohio Action Fund Inc | Oppose | $9,700,000 |
Sixteen Thirty Fund | Support | $5,500,000 |
Ohioans for Reproductive Freedom PAC [102] [ failed verification ] | Support | $8,500,000 |
Open Society Policy Center | Support | $3,500,000 |
Catholic Dioceses of Ohio | Oppose | $2,200,000 |
American Civil Liberties Union | Support | $2,200,000 |
Fairness Project | Support | $2,400,000 |
Lynn Schusterman | Support | $1,500,000 |
Planned Parenthood Action Fund | Support | $1,500,000 |
Knights of Columbus | Oppose | $1,000,000 |
Michael Bloomberg | Support | $1,000,000 |
Gwendolyn Sontheim Meyer | Support | $1,000,000 |
Abigail Wexner | Support | $1,000,000 |
County | Yes | Votes | No | Votes |
---|---|---|---|---|
Adams | 31.6% | 2,443 | 68.4% | 5,287 |
Allen | 35.4% | 10,978 | 64.6% | 20,029 |
Ashland | 42.0% | 7,655 | 58.0% | 10,573 |
Ashtabula | 54.5% | 16,569 | 45.5% | 13,841 |
Athens | 72.6% | 13,515 | 27.4% | 5,112 |
Auglaize | 26.6% | 4,688 | 73.4% | 12,915 |
Belmont | 40.5% | 7,645 | 59.5% | 11,252 |
Brown | 36.1% | 4,852 | 63.9% | 8,578 |
Butler | 50.8% | 59,150 | 49.2% | 57,305 |
Carroll | 39.3% | 3,630 | 60.7% | 5,609 |
Champaign | 41.4% | 5,601 | 58.6% | 7,936 |
Clark | 50.6% | 20,870 | 49.4% | 20,373 |
Clermont | 48.3% | 36,208 | 51.7% | 38,753 |
Clinton | 40.1% | 5,350 | 59.9% | 7,995 |
Columbiana | 43.9% | 14,132 | 56.1% | 18,040 |
Coshocton | 47.4% | 5,228 | 52.6% | 5,813 |
Crawford | 40.0% | 5,184 | 60.0% | 7,761 |
Cuyahoga | 74.4% | 295,406 | 25.6% | 101,555 |
Darke | 27.6% | 5,016 | 72.4% | 13,146 |
Defiance | 38.9% | 4,966 | 61.1% | 7,810 |
Delaware | 59.3% | 57,116 | 40.7% | 39,195 |
Erie | 57.1% | 16,085 | 42.9% | 12,093 |
Fairfield | 51.4% | 28,410 | 48.6% | 26,818 |
Fayette | 40.7% | 3,303 | 59.3% | 4,814 |
Franklin | 72.9% | 308,379 | 27.1% | 114,637 |
Fulton | 38.6% | 5,935 | 61.4% | 9,424 |
Gallia | 31.6% | 2,373 | 68.4% | 5,139 |
Geauga | 54.7% | 22,327 | 45.3% | 18,503 |
Greene | 49.3% | 30,635 | 50.7% | 31,507 |
Guernsey | 46.8% | 5,288 | 53.2% | 6,005 |
Hamilton | 65.1% | 186,175 | 34.9% | 99,819 |
Hancock | 40.3% | 10,552 | 59.7% | 15,621 |
Hardin | 41.3% | 3,408 | 58.7% | 4,843 |
Harrison | 38.0% | 1,741 | 62.0% | 2,839 |
Henry | 35.6% | 3,507 | 64.4% | 6,347 |
Highland | 33.7% | 4,005 | 66.3% | 7,880 |
Hocking | 47.8% | 4,287 | 52.2% | 4,674 |
Holmes | 24.6% | 2,156 | 75.4% | 6,599 |
Huron | 44.1% | 7,922 | 55.9% | 10,055 |
Jackson | 37.6% | 3,117 | 62.4% | 5,178 |
Jefferson | 40.7% | 8,090 | 59.3% | 11,808 |
Knox | 42.1% | 9,384 | 57.9% | 12,898 |
Lake | 60.5% | 54,337 | 39.5% | 35,504 |
Lawrence | 33.9% | 5,647 | 66.1% | 11,002 |
Licking | 50.9% | 31,815 | 49.1% | 30,748 |
Logan | 37.4% | 5,824 | 62.6% | 9,736 |
Lorain | 62.6% | 69,097 | 37.4% | 41,315 |
Lucas | 63.9% | 76,197 | 36.1% | 43,012 |
Madison | 46.8% | 6,487 | 53.2% | 7,364 |
Mahoning | 56.3% | 42,604 | 43.7% | 33,015 |
Marion | 49.5% | 9,325 | 50.5% | 9,519 |
Medina | 55.2% | 41,006 | 44.8% | 33,242 |
Meigs | 36.1% | 2,366 | 63.9% | 4,179 |
Mercer | 21.5% | 3,796 | 78.5% | 13,850 |
Miami | 39.6% | 15,932 | 60.4% | 24,258 |
Monroe | 32.6% | 1,355 | 67.4% | 2,797 |
Montgomery | 59.3% | 100,475 | 40.7% | 69,021 |
Morgan | 42.3% | 1,933 | 57.7% | 2,641 |
Morrow | 39.9% | 5,209 | 60.1% | 7,860 |
Muskingum | 46.2% | 11,620 | 53.8% | 13,522 |
Noble | 36.1% | 1,494 | 63.9% | 2,646 |
Ottawa | 52.9% | 9,061 | 47.1% | 8,056 |
Paulding | 28.9% | 1,824 | 71.1% | 4,480 |
Perry | 42.0% | 4,759 | 58.0% | 6,560 |
Pickaway | 44.8% | 8,490 | 55.2% | 10,461 |
Pike | 39.2% | 2,957 | 60.8% | 4,594 |
Portage | 60.9% | 35,147 | 39.1% | 22,547 |
Preble | 37.0% | 5,226 | 63.0% | 8,913 |
Putnam | 16.8% | 2,430 | 83.2% | 12,051 |
Richland | 42.6% | 17,124 | 57.4% | 23,050 |
Ross | 48.4% | 10,372 | 51.6% | 11,068 |
Sandusky | 45.4% | 9,270 | 54.6% | 11,142 |
Scioto | 36.7% | 6,566 | 63.3% | 11,321 |
Seneca | 40.2% | 7,179 | 59.8% | 10,692 |
Shelby | 24.3% | 4,274 | 75.7% | 13,316 |
Stark | 53.3% | 67,949 | 46.7% | 59,629 |
Summit | 65.5% | 126,531 | 34.5% | 66,755 |
Trumbull | 57.4% | 37,093 | 42.6% | 27,495 |
Tuscarawas | 46.3% | 13,219 | 53.7% | 15,319 |
Union | 51.0% | 13,209 | 49.0% | 12,706 |
Van Wert | 29.0% | 2,809 | 71.0% | 6,864 |
Vinton | 37.6% | 1,283 | 62.4% | 2,127 |
Warren | 47.5% | 43,463 | 52.5% | 47,963 |
Washington | 40.6% | 8,022 | 59.4% | 11,715 |
Wayne | 42.4% | 15,911 | 57.6% | 21,589 |
Williams | 36.9% | 4,481 | 63.1% | 7,658 |
Wood | 55.2% | 25,929 | 44.8% | 21,037 |
Wyandot | 38.7% | 3,006 | 61.3% | 4,762 |
Within a day of the close of polling, Ohio's top Republican leaders, who preside over majorities, suggested that action would be taken against the new abortion rights granted by Issue 1. [103] Ohio Republican House Speaker Jason Stephens said that Issue 1 is "not the end of the conversation" because there are "multiple paths that we will explore to continue to protect innocent life." A spokesperson for Ohio Senate President Matt Huffman reacted to the result: "This isn't the end. It is really just the beginning of a revolving door of ballot campaigns to repeal or replace Issue 1". [104]
Two days after the result, Ohio State Representatives Jennifer Gross, Bill Dean, Melanie Miller, and Beth Lear, all Republicans, released a statement calling Issue 1 "deceptive", declaring that "Ohio legislators will consider removing jurisdiction from the judiciary over this ambiguous ballot initiative" so that only Ohio legislators can "consider what, if any, modifications to make to existing laws", instead of Ohio courts. [105]
Rick Santorum, a Republican and former U.S. Senator, commented on the results of Issue 1 and a simultaneous Ohio voter ballot measure successfully legalizing recreational marijuana: "You put very sexy things like abortion and marijuana on the ballot, and a lot of young people come out and vote. It was a secret sauce for disaster in Ohio … pure democracies are not the way to run a country." [106] [107] Conservative commentator Sean Hannity urged Republicans to adopt a "safe, legal, and rare" framework on abortion. [23]
According to Jessie Hill, professor and associate dean at Case Western Reserve University School of Law, the only way the Issue 1 amendment could be challenged is if there were a change to federal law regarding abortion or if another Ohio constitutional amendment restricting abortion was passed, which would require a majority vote in an election. [108]
On December 15, 2023, The Ohio Supreme Court dismissed the state of Ohio's challenge to a lower court ruling from Hamilton County which stayed Ohio's 6-week abortion ban. In March 2023, the Ohio Supreme Court agreed to review the matter following a challenge from the state. However, following the passage of Issue 1, the Ohio Supreme Court dismissed the matter citing a change in the law. [109]
Demographic subgroup [110] | Yes | No | % of total vote | |
---|---|---|---|---|
Total vote | 56.6 | 43.4 | 100 | |
Age | ||||
18–29 years old | 77 | 23 | 12 | |
30–44 years old | 68 | 32 | 23 | |
45–64 years old | 53 | 47 | 35 | |
65+ years old | 45 | 55 | 30 | |
Party ID | ||||
Democrat | 92 | 8 | 32 | |
Republican | 18 | 82 | 35 | |
Independent | 64 | 36 | 33 | |
Ideology | ||||
Liberal | 94 | 6 | 34 | |
Moderate | 69 | 31 | 30 | |
Conservative | 13 | 87 | 36 | |
Marital Status | ||||
Married | 51 | 49 | 61 | |
Unmarried | 67 | 33 | 39 | |
Married With Children? | ||||
Yes | 56 | 44 | 23 | |
No | 57 | 43 | 77 | |
Race | ||||
White | 53 | 47 | 85 | |
Black | 83 | 17 | 10 | |
Latino | 73 | 27 | 3 | |
Asian | N/A | N/A | 1 | |
Other | N/A | N/A | 1 | |
Gender | ||||
Male | 53 | 47 | 47 | |
Female | 60 | 40 | 53 | |
Area Type | ||||
Urban | 70 | 30 | 40 | |
Suburban | 52 | 48 | 43 | |
Rural | 40 | 60 | 18 | |
Abortion Should Be | ||||
Legal In All Cases | 96 | 4 | 28 | |
Legal In Most Cases | 83 | 17 | 33 | |
Illegal In Most Cases | 6 | 94 | 25 | |
Illegal In All Cases | 3 | 97 | 12 | |
White Born-Again or Evangelical Christian | ||||
Yes | 24 | 76 | 30 | |
No | 71 | 29 | 70 | |
Parents | ||||
Men With Children | 53 | 47 | 14 | |
Women With Children | 62 | 38 | 16 | |
Men Without Children | 54 | 46 | 33 | |
Women Without Children | 59 | 41 | 37 | |
Education | ||||
Never Attended College | 42 | 58 | 18 | |
Some College | 60 | 40 | 23 | |
Associate's Degree | 54 | 46 | 14 | |
Bachelor's Degree | 58 | 42 | 25 | |
Advanced Degree | 68 | 32 | 19 | |
Union Household | ||||
Yes | 58 | 42 | 30 | |
No | 57 | 43 | 70 | |
Feelings About Roe Being Overturned | ||||
Enthusiastic | 7 | 93 | 18 | |
Satisfied | 21 | 79 | 18 | |
Dissatisfied | 68 | 32 | 22 | |
Angry | 93 | 7 | 38 | |
2020 Presidential Vote | ||||
Biden | 92 | 8 | 45 | |
Trump | 19 | 81 | 43 | |
Another Candidate | 65 | 35 | 5 | |
Did Not Vote | 71 | 29 | 4 | |
Biden Approval | ||||
Strongly Approve | 94 | 6 | 15 | |
Somewhat Approve | 91 | 9 | 24 | |
Somewhat Disapprove | 72 | 28 | 13 | |
Strongly Disapprove | 23 | 77 | 46 |
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The 2022 Kansas abortion referendum was a rejected legislatively referred constitutional amendment to the Kansas Constitution that appeared on the ballot on August 2, 2022, alongside primary elections for statewide offices, with early voting from July 13. If enacted, the amendment would have declared that the Kansas Constitution does not guarantee a right to abortion, given the Kansas state government power to prosecute individuals involved in abortions, and further declared that the Kansas government is not required to fund abortions.
Proposition 1, titled Constitutional Right to Reproductive Freedom and initially known as Senate Constitutional Amendment 10 (SCA 10), was a California ballot proposition and state constitutional amendment that was voted on in the 2022 general election on November 8. Passing with more than two-thirds of the vote, the proposition amended the Constitution of California to explicitly grant the right to an abortion and contraceptives, making California among the first states in the nation to codify the right. The decision to propose the codification of abortion rights in the state constitution was precipitated in May 2022 by Politico's publishing of a leaked draft opinion showing the United States Supreme Court overturning Roe v. Wade and Planned Parenthood v. Casey in Dobbs v. Jackson Women's Health Organization. The decision reversed judicial precedent that previously held that the United States Constitution protected the right to an abortion.
2022 Michigan Proposal 3, the Right to Reproductive Freedom Initiative, also known as Reproductive Freedom for All, was a citizen-initiated proposed constitutional amendment in the state of Michigan, which was voted on as part of the 2022 Michigan elections. The amendment, which passed, codified reproductive rights, including access to abortion, in the Constitution of Michigan.
A special election was held in the U.S. state of Ohio on August 8, 2023, on a referendum to make it substantially harder for voter-led initiatives to amend the Ohio State Constitution to be proposed and approved.
Question 6 was a voter referendum to allow voters to approve or reject a law passed by the Maryland General Assembly in 1991 to codify the U.S. Supreme Court's decision in Roe v. Wade. The referendum was approved by 61.7% of voters on November 3, 1992.
The 2024 Maryland abortion referendum is a voter referendum to amend the Constitution of Maryland in order to codify the right to reproductive care in Maryland.
Florida Amendment 4 is a proposed amendment to the Florida Constitution that will be subject to a referendum on November 5, 2024. The amendment would establish a constitutional right to abortion before fetal viability. A 60% supermajority vote is required for the amendment to be approved.
The 2022 Vermont reproductive rights initiative, officially titled the "Reproductive Liberty Amendment", and listed on the ballot as Proposition 5, was a legislatively referred constitutional amendment that was adopted on November 8, 2022, by a majority of 76.8% of voters. It codified reproductive rights in the Constitution of Vermont.
South Dakota Amendment G is a proposed constitutional amendment that will appear on the ballot on November 5, 2024. If passed, the amendment would establish a right to abortion in the Constitution of South Dakota up until approximately the second trimester of pregnancy.
Florida, Ohio, Georgia, and Iowa all have the sort of pro-life laws that Trump is now condemning.