State battles over abortion are leading to state constitutional amendments – an option in all states and available directly to citizens in 18 states
That’s when the Supreme Court ruled that there was no federal constitutional guarantee of the right to get an abortion.
- That’s when the Supreme Court ruled that there was no federal constitutional guarantee of the right to get an abortion.
- Many people following the abortion battle focus on the part that state courts and state supreme court elections play.
- I follow state constitutional amendments, which are adopted on a regular basis and revise the language of state constitutions.
- These amendments shape abortion policy as much as state court rulings – and stand to play a big role in abortion rights in the future.
Using amendments to gain or deny rights
- Meanwhile, constitutional amendments have also protected – and in some cases, denied – abortion rights.
- Before the Dobbs ruling, abortion-related amendments invariably sought to limit protection for abortion rights by clarifying that there is no state constitutional right to abortion.
- These amendments were designed in some cases to overturn state supreme court rulings that previously recognized abortion rights.
Drafting amendments to protect abortion rights
- After the Dobbs decision, most proposed abortion-related amendments have aimed to expand protection of abortion rights.
- In November 2022, voters in Vermont, California and Michigan approved amendments that explicitly protect reproductive rights.
- Meanwhile, in some states that allow citizens to put amendments directly on the ballot, bypassing the need for legislative approval, abortion-rights groups are organizing in support of putting abortion-rights amendments on the ballot.
Bypassing the state legislature
- In some states, amendments need the support of only a majority of legislators to be placed on the ballot for voter approval.
- These are particularly powerful tools voters can use to get the outcomes they want, especially if measures to accomplish those goals have been defeated in state legislatures or rejected by courts.
- But Florida, Colorado and Illinois set a higher threshold, and Nevada requires voters to approve citizen-led amendments in two consecutive elections.
Citizens can take the lead
- In states that allow citizen-initiated amendments, citizens and groups can bypass legislators who might not support their issues.
- So, even when state supreme court justices won’t recognize a right, voters can use the amendment process to get it.
- In recent years, citizens have initiated and approved amendments to establish redistricting commissions, boost the minimum wage, expand Medicaid and legalize marijuana.