The legality of abortion in the United States and the various restrictions imposed on the procedure vary significantly, depending on the laws of each state or other jurisdiction, although there is no uniform federal law. Some states prohibit abortion at all stages of pregnancy, with few exceptions; others permit it up to a certain point in a woman's pregnancy, while some allow abortion throughout a woman's pregnancy. In states where abortion is legal, several classes of restrictions on the procedure may exist, such as parental consent or notification laws, requirements that patients be shown an ultrasound before obtaining an abortion, mandatory waiting periods, and counseling requirements.
Abortion in Missouri is legal up to the point of fetal viability as a result of 2024 Missouri Amendment 3 taking effect 30 days after the November 5, 2024 general election.
Abortion in Colorado is legal at all stages of pregnancy. It is one of seven states without any term restrictions as to when a pregnancy can be terminated.
Abortion in Michigan is legal throughout pregnancy. A state constitutional amendment to explicitly guarantee abortion rights was placed on the ballot in 2022 as Michigan Proposal 22–3; it passed with 57 percent of the vote, adding the right to abortion and contraceptive use to the Michigan Constitution. The amendment largely prevents the regulation of abortion before fetal viability, unless said regulations are to protect the individual seeking an abortion, and it also makes it unconstitutional to make laws restricting abortions which would protect the life and health, physical and/or mental, of the pregnant individual seeking abortion.
Abortion in Florida is generally illegal after six weeks from the woman's last menstrual period, This law came into effect in May 2024, being approved by Republican Governor Ron DeSantis following its passage in the Florida House of Representatives and the Florida Senate, with only Republican state legislators supporting. Additionally, pregnant women are generally required to make two visits to a medical facility 24 hours apart to be able to obtain an abortion, in a law approved by Republican Governor Rick Scott in 2015.
2020 Missouri Amendment 2, also known as the Medicaid Expansion Initiative, was a ballot measure to amend the Constitution of Missouri to expand Medicaid under the Affordable Care Act. The initiative was on the August 4, 2020, primary ballot and passed with 53.27% of the vote. Following previous successful Medicaid expansion initiatives in other states, Republican lawmakers in Nebraska and Utah added work requirements to their states' Medicaid expansions, which supporters aimed to prevent by proposing state constitutional amendments for future Medicaid expansion initiatives. Opponents sued to prevent the initiative from being voted on, but courts ruled in the measure's favor. The measure was supported most in urban areas and opposed in rural areas. After a delay due to a lack of funding from the Missouri General Assembly and resulting litigation, the initiative was implemented in October 2021, albeit slowly. Republican lawmakers attempted to roll back the program and add a work requirement through a state constitutional amendment, which failed after the United States Supreme Court effectively prevented the implementation of one.
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.
The following is a list of ballot measures, whether initiated by legislators or citizens, which have been certified to appear on various states' ballots during the 2024 United States elections as of September 6, 2024.
The 2023 Ohio reproductive rights initiative, officially titled "The Right to Reproductive Freedom with Protections for Health and Safety" and listed on the ballot as Issue 1, 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, restoring Roe v. Wade-era access to abortion in Ohio.
The 2024 Maryland Question 1 was a voter referendum that appeared on the ballot on November 5, 2024. It established in the Constitution of Maryland a right to reproductive freedom. The referendum was approved overwhelmingly, with more than three times as many voters voting in favor of it than against it, and only losing in Garrett County.
Florida Amendment 4 was a proposed amendment to the Florida Constitution, which failed on November 5, 2024. Through a statewide referendum, the amendment achieved 57% support among voters in the U.S. state of Florida, short of the 60% supermajority required by law. Despite its failure to pass, the double digit percentage majority that it received is considered by some to be indicative of a nationwide consensus on abortion, similar to similar referendums in other moderately conservative swing states such as Michigan, Ohio, Missouri, and Arizona, the last of which had an abortion rights amendment pass with a 3/5 majority, although unlike Florida it did not actually need one.
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 landslide majority of 76.8% of voters. It codified reproductive rights in the Constitution of Vermont. It was signed into the constitution by Republican governor Phil Scott on 13 December 2022.
New York Proposal 1, called the Amendment to Protect Against Unequal Treatment on the ballot, was a proposed legislatively referred constitutional amendment to the New York Constitution, which was approved by voters on November 5, 2024 and will take effect on January 1, 2025. Also informally known as the Equal Rights Amendment, it includes several rights in the New York State Constitution's Equal Protection Clause with its chief purpose to preserve the right to abortion. It also adds a prohibition of discrimination on attributes such ethnicity, gender identity, disability, or reproductive autonomy. The amendment was approved in consecutive legislating sessions in 2022 and 2023 and was approved by voters in a referendum on November 5, 2024. While the text of the amendment was determined by the legislature, the wording of the ballot proposal about the amendment went through several changes and legal challenges before the Board of Elections' draft was replaced by an Albany County Judge.
South Dakota Amendment G was a proposed constitutional amendment that appeared on the ballot on November 5, 2024. If passed, the amendment would have established a right to abortion in the Constitution of South Dakota up until approximately the beginning of the third trimester of pregnancy. The amendment failed to pass, making it the second referendum about abortion since Dobbs to come out as anti-abortion and preserve the state's ban.
2024 Colorado Amendment 79 is a proposed constitutional amendment that appeared on the ballot on November 5, 2024. The amendment establish a right to abortion at any stage of pregnancy in the Constitution of Colorado and repealed Amendment 3, a 1984 constitutional ban on public funding for abortions. The amendment passed, surpassing the 55% supermajority vote required for the amendment to be approved.
Arizona Proposition 139 is a constitutional amendment that was approved by voters on November 5, 2024, establishing a right to abortion in the Constitution of Arizona up until fetal viability.
Nebraska Initiative 439, officially titled "Nebraska Right to Abortion Initiative", was a proposed constitutional amendment that appeared on the November 5, 2024 ballot in Nebraska. If passed, it would have amended the Nebraska Constitution to establish a right to abortion until fetal viability. It and Initiative 434 were mutually exclusive; the one with more votes in favor would become law in the event both amendments passed.
Initiative 128 was a ballot initiative that appeared on the ballot on November 5, 2024, to establish in the Constitution of Montana a right to abortion up to fetal viability. The initiative was approved by 58 percent of voters.
2024 Nevada Question 6 is a proposed constitutional amendment for the state of Nevada in the United States, that would protect the right to an abortion until fetal viability, which is generally considered about 23 or 24 weeks, or when necessary to protect the life or health of the pregnant patient. The Question initially appeared on the November 5th, 2024, ballot in Nevada. The ballot measure was approved with 64.03% of the votes. As Question 6 was approved in 2024, a second vote will be held on November 3, 2026.
