Abortion rights will be a central issue for voters in four states on November 3, with ballot measures addressing the legality of the procedure in diverse ways. In Idaho, voters will consider a measure to roll back the state's current abortion ban, while Virginia and Nevada will decide on constitutional amendments to establish a right to abortion. Missouri voters face a unique question to undo a previous ballot measure that had overturned an abortion ban.
The Idaho ballot initiative, spearheaded by Idahoans United for Women and Families, aims to establish abortion access up to fetal viability, generally considered to be past 21 weeks of pregnancy. If passed, this would largely revert the state's law to its pre-Roe v. Wade status. Idaho currently has one of the most restrictive abortion bans, allowing exceptions only for the life of the pregnant person or in cases of rape or incest. The state also enacted a law in 2023 making it a crime to assist a minor in obtaining an abortion without parental consent, a measure that has largely survived legal challenges. David Ripley, CEO of the anti-abortion group Idaho Chooses Life, expressed concerns that the ballot measure could invalidate decades of pro-life legislation.
Missouri's ballot measure presents a complex scenario. Following its role as the first state to use a constitutional amendment to undo an abortion ban, voters are now being asked to reinstate a ban with limited exceptions. The measure also includes language to prohibit certain gender-affirming care for minors. This upcoming vote comes after a period of legal battles over ballot language and a June court ruling that blocked the enforcement of many state regulations impacting abortion access, even after the initial ban rollback.
In Virginia and Nevada, voters will consider amendments to enshrine abortion rights within their state constitutions. Both states currently permit abortions up to at least 24 weeks of pregnancy, suggesting these amendments may not significantly alter current access but could serve as a significant factor in voter turnout. The Nevada amendment had previously been approved by voters in 2024, but state constitutional amendments require passage in two consecutive public votes before taking effect.
Recent history shows mixed results for abortion rights advocates on statewide votes since the Supreme Court overturned Roe v. Wade. While abortion rights supporters have prevailed in 14 referendums, they have also lost four, including a South Dakota measure in 2024 that proposed restricting abortions in the third trimester and allowing some second-trimester limitations. Some abortion rights groups, like the National Abortion Federation, have expressed opposition to strict gestational cutoffs, advocating for broader access. However, Melanie Folwell of Idahoans United for Women and Families urged national groups to engage more directly with the public on these issues.