Where Is Abortion Legal After the Election? Here Are the States That Passed New Measures

Seven of the 10 states that sought to enshrine reproductive freedoms in the 2024 elections prevailed, and in some cases, the new constitutional amendments will overrule existing abortion bans

After the Supreme Court decision to overturn Roe v. Wade was handed down in 2022, states were given the power to decide how to move forward with reproductive health care.

According to an Associated Press-NORC poll conducted in June, 70% of Americans believe abortion should be legal in all or most cases, though several states began passing or enforcing pre-Roe abortion bans.

During the 2024 elections, voters in 10 states had the opportunity to weigh in on abortion rights, through amendments that aimed to enshrine protections into their state constitutions. Here are the seven states that successfully voted to protect reproductive freedom, and three that didn't.

Arizona - PASSED

In April, Arizona enacted a near-total ban on abortion and ruled that doctors could be criminalized for providing or assisting in the procedure. In August, the secretary of state’s office announced that it certified enough signatures to put the Arizona Abortion Access Act on the ballot.

The Arizona Abortion Access Act, or Proposition 139, asked voters to agree that every individual has a “fundamental right” to receive an abortion before fetal viability — the point at which a fetus can survive outside of the uterus, typically about 24 weeks of pregnancy. 

Colorado - PASSED

In May, the Colorado Right to Abortion and Health Insurance Coverage Initiative — Amendment 79 — received enough petition signatures to be placed on the ballot. It aimed to ensure that the right to abortion is added to the state Constitution and the use of public funds for abortion would be allowed.

Abortion is currently legal in Colorado. However, this amendment was proposed to prevent the government from taking the right away. It also sought to override a 1984 measure that prohibits health insurance from covering abortion care for "public employees and people on public insurance."

Florida - NOT PASSED

In May, abortion in Florida was banned after just six weeks of pregnancy — when fetal cardiac activity is detected, but before many women are aware of their pregnancy.

The Amendment to Limit Government Interference with Abortion, or Amendment 4, proposed enshrining reproductive freedom. It stated that “no law shall prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient’s health, as determined by the patient’s healthcare provider.”

Related: Judge Orders DeSantis Administration to Stop 'Threatening' Florida TV Stations for Airing Abortion Ads

Maryland - PASSED

In Maryland, abortion is currently legal before fetal viability. However, this election, voters cast ballots on the Reproductive Freedom referendum. This proposed adding a section in the state constitution that guarantees reproductive freedom, which includes "the ability to make and effectuate decisions to prevent, continue, or end one's own pregnancy." 

Missouri - PASSED

In 2022, Missouri enacted a “trigger” law that effectively banned abortion with exceptions only for specific medical emergencies.

Amendment 3, the Missouri Right to Reproductive Freedom, offered voters the chance to protect the right to abortion until fetal viability, in addition to making other forms of reproductive health care a fundamental right.

Montana - PASSED

In Montana, abortion is currently legal until fetal viability.

The Right to Abortion Initiative, or CI-128, proposed amending the state constitution to “provide a right to make and carry out decisions about one’s own pregnancy, including the right to abortion.” It also included language to prohibit the government from denying that right until fetal viability or when it’s “medically indicated to protect the pregnant patient’s life or health.” 

Nebraska - NOT PASSED

Abortion is currently banned in Nebraskas after 12 weeks of pregnancy, with exceptions for cases of rape, incest or to save the life of the mother.

Unlike other states, Nebraska had two dueling ballot measures in the general election. The Nebraska Right to Abortion Initiative sought to enshrine in the state constitution the right to an abortion until fetal viability or to save the life of the mother.

Additionally, Nebraska voters were given a conflicting proposal that would ban abortion in the second and third trimesters, with exceptions for cases of rape, incest or medical emergencies.

The proposal to ban abortion prevailed.

Nevada - PASSED

Abortion is currently legal in Nevada up to 24 weeks of pregnancy or if the pregnancy can be fatal for the mother.

Question 6, or the Right to Abortion Initiative, asked voters to amend the state constitution and provide the right to an abortion until fetal viability or when necessary to protect the life or health of the mother.

New York - PASSED

In New York, abortions are currently legal up to 24 weeks of pregnancy. Afterwards, the procedure is only allowed in cases where the pregnancy or the mother’s life is at risk.

Proposition 1, or the New York State Equal Rights Amendment, gave voters the option to amend the state constitution and prohibit discrimination by the government based on pregnancy, pregnancy outcomes and reproductive healthcare and autonomy. 

South Dakota - NOT PASSED

In South Dakota, abortion is currently banned due to a “trigger” law that went into effect in June 2022. There are exceptions in cases where the procedure is necessary to save the life of the mother.

The South Dakota Freedom Amendment sought to amend the state constitution and "restore protections of Roe v. Wade,” allowing the right to abortion before 12 weeks of pregnancy. During the second and third trimesters, the procedure would be legal in cases where the mother’s life is at risk.