Results of the Abortion Referendum in 10 U.S. States; From Illegality to Changes in Law

More than two years after the U.S. Supreme Court made a historic decision to overturn the fifty-year-old 'Roe v. Wade' ruling regarding the legalization of the right to abortion, American voters in 10 states participated in referendums to restore the right to abortion to their state laws, in addition to the presidential elections. The voting on states' approaches to abortion stems from the Supreme Court's decision in July 2022, which overturned the historic 'Roe v. Wade' ruling that recognized women's constitutional right to abortion or voluntary termination of pregnancy. With the annulment of this ruling, the power to decide on the right to voluntary termination of pregnancy after the fifteenth week was handed over to the states. The states that held these referendums included Arizona, South Dakota, Florida, Colorado, Nebraska, Nevada, New York, Maryland, Montana, and Missouri. Among these, Florida, a Republican state and a major base for Donald Trump supporters with a significant population of Cuban Americans, was the first state to vote to maintain the current conditions, meaning declaring abortion illegal. To re-legalize abortion in this state, at least 60% of voters had to vote in favor; however, this did not happen, and thus, abortion after the sixth week of pregnancy, except in exceptional cases, remains illegal in Florida. In South Dakota, another state that currently does not permit abortion except in exceptional cases, voters voted to maintain the existing conditions, and thus, abortion will continue to be illegal and considered a crime in this state. On the other hand, voters in Missouri voted decisively in favor of re-legalizing abortion. In Arizona, voters supported re-legalizing the right to abortion up to about the 23rd or 24th week of pregnancy. Until now, abortion after the fifteenth week, except in exceptional cases, was prohibited. In Nevada, voters also voted in favor of re-legalizing the right to abortion. According to the current law of this state, abortion is permitted up to the 24th week of pregnancy; however, given today's vote, effectively stripping this right from pregnant women will be very difficult. According to the law of this state, today's vote is not sufficient to change state law, and voters must confirm this request again in 2026. In Colorado, where abortion is currently legal, more than 55% of voters voted to guarantee this right in the state constitution. In New York, where abortion was considered legal, voters voted to maintain the current conditions and guarantee the right to abortion and individual choice in this regard. In Maryland, voters also confirmed the continuation of the legality of abortion and the guarantee of individual decisions to continue or terminate pregnancy. However, the situation in Nebraska is even more complex: in this state, two somewhat contradictory issues were voted on simultaneously: one regarding the imposition of more restrictions on abortion and the other about re-legalizing it. In fact, one issue pertains to maintaining the current state law prohibiting legal abortion after the twelfth week of pregnancy, except in exceptional cases including pregnancies resulting from rape or incest, or when necessary to save the mother's life. The second issue, however, contradicts the first and means restoring the right to abortion to state law; this means that women will be allowed to terminate their pregnancies up to the twenty-first week, which is when the fetus can be considered a viable independent being. Accordingly, if abortion is necessary to save the mother's life, abortion will even be legal after the twenty-first week. Given the contradiction between these two issues on the ballot in Nebraska, it will be practically impossible for both to be added to state law. Therefore, if both receive votes, the issue that receives the most positive votes will enter the state constitution as the 'winner.' This complexity has left the fate of this state still unclear. The situation in Montana is also not yet clear. In this state, abortion is currently legal; however, a potential positive vote in today's referendum will guarantee the preservation of this right in the state constitution. In July 2022, a five-member panel of Supreme Court justices voted to overturn the 'Roe v. Wade' ruling, three of whom were appointed by former President Donald Trump. Joe Biden, the President of the United States, at that time called the Supreme Court's decision a 'tragic error' and described the 'Roe v. Wade' ruling as support for women's equality and personal decision-making rights, which the Supreme Court of the United States withheld from the American people despite being recognized. However, this decision was a historic victory for Republicans and religious conservatives in America, who have fought against it since 1973, the time of the recognition of the right to abortion. Donald Trump, after months of contradictory positions and speculation about abortion, stated that restrictions on this issue should be left to the states and did not support a nationwide ban on abortion. However, he emphasized that he would personally vote against the legalization of abortion. While Joe Biden's campaign had started promoting this issue some time ago, analysts believed that Trump's lack of public support for a nationwide abortion ban was to prevent rivals from attacking this candidate in the elections from this angle. Nevertheless, Trump considered the historic decision of the U.S. Supreme Court to overturn abortion as a legal and nationwide right as the 'result of efforts' of his own and thanked the conservative justices of this institution for making this decision.