In an election where many pro-life voters helped President-Elect Donald Trump secure a decisive victory, they also helped Florida, Nebraska, and South Dakota defeat extreme pro-abortion amendments. There were a total of 10 pro-abortion ballot initiatives attempting to codify a right to abortion this election cycle. While three failed, seven amendments succeeded in Arizona, Colorado, Maryland, Missouri, Montana, Nevada, and New York.
Florida became the first state to defeat an abortion ballot initiative despite being outspent $110 million to $3 million. Added to this massive $110 million-dollar figure is another $27 million spent on gathering signatures to place Amendment 4 on the ballot. Despite spending at least $137 million on Amendment 4, Planned Parenthood, the ACLU, with support from George Soros, failed to reach the threshold to amend the Florida Constitution.
Nebraska also had a pro-life measure – the only one in the nation – which passed and will constitutionally protect unborn life in the state after the first trimester.
These amendments are particularly decisive because they change a state’s constitution, override previous state abortion laws, and can only be reversed by voters through a different ballot measure. After the U.S. Supreme Court overturned Roe v. Wade ending a nationwide right to abortion, President Trump has insisted the abortion issue is best left to the states to decide.
However, most of the pro-abortion amendments decided on election night involved sweeping, and often vague, undefined language which will have drastic effects in the states that ratified them.
Here’s how the voters decided:
ARIZONA
Arizona’s pro-abortion Proposition 139 is projected to win with more than 60 percent of Arizonans voting in favor. The measure creates “a fundamental right to abortion” for every individual in the state before fetal viability, which is usually between 22-24 weeks of gestation. Under the new amendment, viability would be determined in Arizona by the “good-faith judgment” of a health care professional for when a baby could survive outside the womb without extraordinary medical measures. After viability, abortions would only be allowed to protect the life of the mother.
Pro-life supporters have called the proposal “sweeping” in that it could allow for abortions well beyond viability. They argue the measure would expand access to late-term abortions for any “health” reason, eliminate parental and informed consent laws regarding minors seeking abortions, remove the requirement for a doctor to be involved in an abortion, and remove restrictions on taxpayer-funding for abortion services.
The amendment nullifies the state’s 15-week abortion ban.
COLORADO
Colorado’s pro-abortion Initiative 89 passed with more than 61 percent of Coloradans voting in favor. The measure will enshrine a right to abortion in the state constitution, and the ballot’s language implies that right would be unlimited throughout all stages of pregnancy even up to birth.
Pro-life groups have noted Colorado is already a “pro-murder” state allowing abortion throughout all stages of pregnancy. However, critics warn that Initiative 89 offers even more “looming threats” for women and unborn children, such as elevating late-term abortion and possibly even infanticide as a constitutional right while eliminating any health and safety regulations that protect women during an abortion. The measure would also reverse the state’s ban on state funding for abortion and allow Medicaid or state employee insurance plans to cover abortion services.
FLORIDA
Florida’s pro-abortion Amendment 4 failed to pass falling short of the minimum 60 percent majority needed with about 57 percent voting in favor and 43 percent of Floridians against the measure. This amendment was intentionally deceptive, vague, and extreme. The amendment would have allowed abortion for any reason even up to birth. Not even parental or informed consent laws or health and safety regulations would have survived in the state.
Gov. Ron DeSantis was vocal in his opposition to Amendment 4. Liberty Counsel Action provided the ground mobilization with six regional Field Directors, producing 2.5 million fliers, 12,000 signs, and 1 million text messages to educate voters.
MARYLAND
Maryland’s pro-abortion Question 1 overwhelmingly passed with about 75 percent of Marylanders voting in favor. The measure will enshrine a right to “reproductive freedom” (abortion) in the state constitution, and the ballot’s language implies that right would be unlimited throughout all stages of pregnancy even up to birth.
Pro-life supporters state the amendment was vague and a “trojan horse” leaving so much open to interpretation. They say the undefined language of a “person,” “reproductive system,” and “reproductive anatomy” could mean there would never be any restrictions on abortion and abortion services while possibly opening the door to infanticide and no restrictions on mutilating gender surgeries for children.
Maryland already allows abortion up to viability.
MISSOURI
Missouri’s pro-abortion Amendment 3 passed with about 52 percent of Missourians voting in favor. The measure will enshrine “a right to abortion at any time of pregnancy in the Missouri Constitution.” Missouri pro-life leaders called the measure “extreme” as it would strip the state of 52 different abortion laws, as well as nullify health and safety regulations protecting women during an abortion. The amendment would also strip parental notification laws and prevent anyone from suing or bringing civil or criminal penalties against anyone for performing an abortion – even if the woman dies during an abortion.
The amendment would override Missouri’s near-total abortion ban, which is one of the most protective of unborn life in the nation.
MONTANA
Montana’s pro-abortion CI-128 (Ballot Issue #14) passed with about 57 percent of Montanans voting in favor. The measure will enshrine a right to abortion through birth for any reason into Montana’s constitution.
Pro-life critics call the measure “misleading” and a “grave threat” to women and unborn children. Critics argue the amendment would nullify all current regulations on abortion while potentially allowing late-term, partial-birth abortions, and even infanticide. As written, the language stating the amendment would bar the government from “burdening” abortion access calls into question whether any parental consent, notification, or health and safety laws in the state would survive. Furthermore, critics suggest the measure would prioritize abortion access over individual conscience rights and weaken the ability of health care workers and institutions who oppose abortion to abstain for moral or religious reasons.
In Montana, abortion is currently allowed up to viability while the state Supreme Court ruled in 1999 that the state constitution already protects abortion under the right to privacy.
NEBRASKA
Nebraska’s pro-abortion Initiative 439 failed with more than 51 percent of Nebraskans voting against it. The measure would have enshrined a “fundamental right to abortion” into the state constitution permitting abortion up until birth for virtually any reason.
Nebraska’s pro-life Initiative 434 passed with more than 55 percent of Nebraskans voting in favor. The measure will essentially enshrine a right to life for unborn children in the second and third trimesters except in cases of rape, incest or when the mother experiences a medical emergency. The measure essentially codifies in the state constitution Nebraska’s current 12-week abortion law.
NEVADA
Nevada’s pro-abortion Question 6 passed with about 63 percent of Nevadans voting in favor. Nevada voters will need to pass the measure again in 2026 for it to take effect. If they do, the measure would enshrine a “fundamental right to abortion” in the state constitution up until birth for virtually any reason.
Nevada currently allows abortion up to fetal viability.
NEW YORK
New York’s pro-abortion Proposal 1 passed with more than 61 percent of New Yorkers voting in favor.
While the measure is billed as an “equal rights amendment,” it bans discrimination regarding “pregnancy outcomes” and “reproductive autonomy.” The amendment has drawn many criticisms that it protects abortion without ever using the word “abortion.” Pro-life supporters argue that this language is broad and vague and could be interpreted to protect a right to abortion, including late-term abortion. By elevating “reproductive autonomy” to a constitutional right, critics express it could also affect religious freedom fearing it could force religious institutions to pay for abortion and force healthcare providers to perform abortions against their sincerely held beliefs. Pro-life groups conclude the amendment will likely prevent the state from enacting any future abortion limitations and could be used to strike down any protections for women and unborn children.
In New York, abortion is currently legal up to 24 weeks and is legal after 24 weeks to protect the life and health of the mother.
SOUTH DAKOTA
South Dakota’s Amendment G failed with about 60 percent of South Dakotans voting against it. The amendment would have enshrined abortion until birth for any reason into South Dakota’s constitution.
The state’s near-total abortion ban remains in effect.
Liberty Counsel Founder and Chairman Mat Staver stated, “While we celebrate the victories for unborn life in Florida, Nebraska, and South Dakota, there is so much more work to do. Going forward we will educate people about abortion, the beauty of life, and we will continue to expand resources to help women and families.”
