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7 states vote to protect abortion rights, 3 keep restrictions in place

On Tuesday, 10 states held direct votes on abortion-related bills, with pro-abortion advocates claiming seven victories.

Arizona, Colorado, Florida, Maryland, Missouri, Montana, Nebraska, New York, Nevada, and South Dakota all voted on the issue, with most ballot measures changing leadership. The restrictions on abortion follow the Supreme Court's June 2022 ruling overturning Roe v. Wade, which sought to amend initiatives passed in Republican-led states.

Missouri voters cleared the way to overturn the state's near-total ban with an amendment that would allow lawmakers to restrict abortions beyond the life of the fetus. It is usually considered after 21 weeks, but there is no precisely defined time frame.

Abortion rights amendments have also passed in Arizona, Colorado, Maryland and Montana, according to the Associated Press. Montanans voted to amend their state constitution to “explicitly provide for the right to make and exercise decisions regarding one's pregnancy, including the right to an abortion.”

Abortion is on the “vote” in 10 states this election, but that may not matter.

Election night watchmen react after the passage of a state constitutional amendment on abortion rights in Kansas City, Missouri, on November 5, 2024. (AP Photo/Charlie Riedel)

Nevada voters also approved the amendment, but it must be passed again in 2026 to take effect.

Another measure that prohibits discrimination based on “pregnancy outcome” was popularized in New York state. It does not include the word “abortion,” but rather prohibits discrimination based on “reproductive health care and autonomy as a result of pregnancy.”

In Arizona, voters were asked to amend the state constitution to allow abortions after 24 weeks. The bill would guarantee a “fundamental right” to abort a fetus before it survives if there is a “substantial chance” that the fetus will survive outside the womb.

This amendment would replace the current law, which bans abortions after the first 15 weeks of pregnancy.

The 1864 law, long dormant since before the birth of Arizona, will go into effect in the Grand Canyon State after Roe v. Wade is repealed in 2022, drawing attention to the issue and leading to Tuesday's vote. The law, which made no exceptions for rape and incest during the mother's lifetime, was repealed in September.

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Florida Governor Ron DeSantis

Governor Ron DeSantis speaks about the Fourth Amendment at Grove Bible Chapel in Winter Garden, Florida, on October 22, 2024. (Woffle)

Florida, Nebraska, and South Dakota also rejected similar constitutional amendments, leaving existing regulations in place.

Florida, home to more than 13 million registered voters, was the most populous state to vote on abortion measures. Republican Gov. Ron DeSantis signed the Heartbeat Protection Act last year, which restricts most abortions after six weeks of pregnancy.

This year, Floridians voted for the Fourth Amendment Abortion Rights Initiative, which aims to overturn that law by banning measures that restrict pre-viability abortions. In Florida, constitutional amendments require 60% support, rather than a simple majority, to pass. Amendment 4 received majority support among voters, but fell short of the 60% threshold.

South Dakota voters rejected an abortion bill, blocking some regulations regarding women's health after 12 weeks. Mount Rushmore currently prohibits abortion during pregnancy, with some exceptions.

Abortion rights demonstrator holding a placard

On Tuesday, 10 states held direct votes on abortion-related bills, with pro-abortion advocates claiming seven victories. (AP)

Nebraska passed an amendment banning abortions after the first three months of pregnancy.

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Tuesday's results ended a winning streak for abortion rights advocates, who had won all seven measures on the statewide ballot since Roe's ouster.

A Fox News poll conducted this year found that a record number of voters said they supported legalizing abortion in some form, including guaranteeing women's access to abortion. That includes two-thirds of voters who said they supported a nationwide law to do so.

59% think abortion should be legal “in all or most cases,” up from a previous high of 57% in September 2022.

Fox News' Daniel Wallace, Brianne Depiche and Emma Colton and The Associated Press contributed to this report.

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