Here’s what voters decided on election day on abortion issues

Voters in three states have enshrined abortion rights in their constitutions, while voters in at least one state voted against further restricting access to abortion services.

The power to regulate abortion was returned to the state level in June after the US Supreme Court Roe v. Wade, ending federal protections for abortion rights.

Heading into Tuesday’s midterm elections, three states — California, Michigan and Vermont — had abortion-related questions on the ballot to bolster rights, and two states — Kentucky and Montana — asked voters if they wanted to further curtail rights.

During this year’s primary, voters in Kansas rejected a proposal to remove abortion rights from the state constitution.

PHOTO: In this file photo dated April 13, 2022, abortion rights supporters sing at the Kentucky Capitol in Frankfort, Kentucky.

In this April 13, 2022 file photo, abortion rights supporters sing at the Kentucky Capitol in Frankfort, Kentucky.

Bruce Schreiner/AP, FILE


In California, voters voted to amend the state constitution to prohibit the state from denying or interfering with a person’s “reproductive freedom,” ABC News projects.

Voters accepted lawmakers’ proposal to protect the fundamental right to choose to have an abortion or use contraception.

Currently, according to the Guttmacher Institute, a research group that studies sexual and reproductive rights, abortion is legal in California until it is viable, which is roughly 24 to 26 weeks gestation.


In Vermont, ABC News Projects voters voted to amend the state’s constitution to include a right to “personal reproductive autonomy” that includes abortion.

Although it is currently legal in Vermont at any stage of pregnancy, the state constitution did not provide explicit protections for abortion rights before the amendment was passed.


Michigan voters said yes to a constitutional amendment that would add protections for reproductive rights this November, ABC News projects.

The amendment defines reproductive freedom as “the right to make and implement decisions about all matters related to pregnancy, including but not limited to prenatal care, childbirth, postpartum care, contraception, sterilization, abortion care, treatment for miscarriage and care for infertility. “

A state ban on abortion, on the books since 1931, is being challenged in state courts, but a state judge in September ruled the ban unconstitutional and barred the attorney general and prosecutors from enforcing it.


In Kentucky, ABC News believes a proposed constitutional amendment to further restrict abortion rights has failed.

Amending the country’s constitution would have stipulated that abortion rights do not exist, and the government is not required to allocate funds to abortions.

Abortion is currently banned in the state after a trigger law went into effect when Roe was ousted. Arguments against the ban will soon be heard in the Kentucky Supreme Court, which would have prevented the change.


Results are pending for a proposal by the Montana Legislature to amend the state constitution to define all “live born” fetuses as legal entities, including those born after an abortion.

The bill defines “liveborn” as the complete expulsion or extraction of a human infant at any developmental stage who is breathing, has a beating heart, or has definite voluntary muscle movement after extraction, regardless of whether the umbilical cord was severed or what the delivery method states bill is.

This proposal would give every live born fetus the right to adequate and appropriate medical care and treatment. Vendors who fail to exercise this due diligence could face a fine of up to $50,000 and up to 20 years in prison.

Montana state courts have blocked three abortion bans issued last year from going into effect while litigation continues.


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