By Sarah Neely

For some states, the presidential race isn’t the only vote that will determine the future of preborn children targeted by abortion. Ten states now have pro-abortion amendments on the ballot. If passed, these amendments will undoubtedly open the door for unfettered abortion through all nine months.

“We’ve already seen this tragedy play out in Kansas,” says Troy Newman, President of Kansas-based Operation Rescue. “In the summer of 2022, pro-life citizens failed to stop the country’s first abortion amendment post-Roe. Less than two years later, we witnessed a 201% increase in abortions across what was once seen as a conservative, pro-life state.

“Long-standing abortion regulations have also been struck down using the new amendment. We cannot stress enough how vital it is for pro-life voters to show up at the polls and vote no on these amendments! If these amendments pass, our nation will be struck by a large-scale slaughter of innocent babies like we’ve never seen before.”

The list of abortion amendments by state include:

1. ARIZONA – Arizona Right to Abortion Initiative (Prop 139) – FULL TEXT 

This amendment will enshrine a right to abortion up to “viability” in the Arizona State Constitution. However, the state has not defined the gestational age for “viability,” and this unclear limitation can be bypassed for the “physical or mental health of the mother.” This amendment will open the door for unfettered, full-term abortions and will inevitably result in the Arizona Supreme Court striking down existing (and future) pro-life protections.


2. COLORADO – Amendment 79, Right to Abortion and Health Insurance Coverage Initiative – FULL TEXT 

This amendment will enshrine a right to abortion in the state constitution and force insurance health plans to cover abortion procedures. There is no stated gestational limit. This “right” would extend to all nine months. Colorado already has no gestational limits on abortion. This amendment would ensure that any future legislation attempting to protect preborn children fails.


3. FLORIDA – Amendment to Limit Government Interference with Abortion (Amendment 4) – FULL TEXT

This amendment will enshrine a right to abortion up to “viability” in the Florida State Constitution. However, the state has not defined the gestational age for “viability,” and this ambiguous limitation can be bypassed for the “patient’s health,” which is also not defined and left to the discretion of the provider (i.e. the abortionist). “Health” concerns could include claims concerning the mother’s emotional wellbeing.This amendment will open the door for unfettered, full-term abortions. It will also lead the Florida Supreme Court to invalidate existing  pro-life protections in a state that currently limits abortion to six weeks.


4. MARYLAND – Right to Reproductive Freedom Amendment (Question 1) – FULL TEXT

This amendment will enshrine a right to abortion in the state constitution. No gestational limit is identified, meaning this “right” would extend to all nine months. Maryland already has no gestational limits on abortion. This amendment would make any future legislative attempts to protect preborn children unsuccessful.


5. Missouri – Missouri Right to Reproductive Freedom Amendment (Amendment 3) – FULL TEXT

This amendment will enshrine a right to abortion up to “viability” in the Missouri State Constitution. However, gestational age for “viability” is not defined, and its determination is left to the discretion of the “health care professional” (i.e. the abortionist). This limitation can also be bypassed “to protect the life or physical or mental health of the pregnant person,” which is also not defined and left to the discretion of the “health care professional” (again, the abortionist). This amendment will open the door for unfettered, full-term abortions and lead to the Missouri Supreme Court striking down  pro-life protections already in place.


6. Montana – CI-128, Right to Abortion Initiative – FULL TEXT

This amendment will enshrine a right to abortion up to “viability” in the Montana State Constitution. However, gestational age for “viability” is not established, and its determination is left to the discretion of the “healthcare professional (i.e. the abortionist). This limitation can also be bypassed “to protect the pregnant patient’s life or health,” which is also not defined and left to the discretion of the “health care professional” (again, the abortionist). This amendment will open the door for unfettered, full-term abortions and prompt the Montana Supreme Court to nullify existing and future pro-life legislation.


7. Nebraska – Nebraska Initiative 439, Right to Abortion Initiative – FULL TEXT

This amendment will enshrine a right to abortion up to “viability” in the Nebraska state constitution. However, no gestational age for “viability” is identified, and its determination is left to the discretion of the “health care practitioner” (i.e. the abortionist). This limitation can also be bypassed “to protect the life or health of the pregnant patient.” The amendment offers no definition of “health,” nor does it say who makes this determination. This amendment will open the door for unfettered, full-term abortions and compel the Montana Supreme Court to strike down pro-life protections in a state that currently limits abortion to 12 weeks.

NOTE: Nebraska is currently the only state that also has a pro-life amendment on the ballot. It is titled The Protect Women and Children Initiative and seeks to protect preborn persons from abortion in the second and third trimesters with exceptions for medical emergencies, rape, or incest. 


8. Nevada – Question 6, Right to Abortion Initiative – FULL TEXT

This amendment will enshrine a right to abortion up to “viability” in the Nevada State Constitution. However, no gestational age for “viability” is established, and its determination is left to the discretion of the “health care practitioner” (i.e. the abortionist). This limitation can also be bypassed “to protect the health and life of the pregnant individual.” The amendment offers no definition of “health,” nor does it say who makes this determination. This amendment will open the door for unfettered, full-term abortions and lead the Nevada Supreme Court to strike down pro-life protections.


9. New York – Equal Protection of Law Amendment (Prop 1) – FULL TEXT

This amendment will enshrine a right to abortion in the state constitution. There is no stated gestational limit – in fact, the word abortion is not even used. Instead, the amendment states that people cannot be denied rights based on “pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy.” These “rights” would extend to all nine months of pregnancy. This amendment will pave the way for the New York Supreme Court to strike down current pro-life protections. Any efforts on the part of the state’s congress to  implement future laws  protecting preborn children at any stage of pregnancy will likely be futile, as the state’s supreme court is bound to strike it down.


10. South Dakota – Amendment G, Right to Abortion Initiative – FULL TEXT

This amendment will enshrine a right to abortion throughout the first trimester in the South Dakota State Constitution, with provisions for allowing the state to “regulate” abortion in the second trimester, and “prohibit” abortions only in the third trimester. Exceptions for abortions in the third trimester must be made for the “life or health of the pregnant woman,” which is not defined and left to the discretion of the “woman’s physician” (i.e. the abortionist). In a state that is currently abortion free, this amendment will open the door for unfettered, full-term abortions. Congress’s efforts to enact pro-life protections will be in vain, given that the South Dakota Supreme Court is almost certain to overturn them.


Newman adds, “These ten amendments, if passed, will radically increase the number of children killed by abortion in America as well as the gestational ages at which they will perish – namely, in the second and third trimester. Pray for these states, brothers and sisters. And if you happen to live in one of them, vote no, and bring a few friends to vote no with you.”

This report may be republished with inclusion of the following acknowledgement: “This article was originally published by Operation Rescue, a leading pro-life, Christian activist organization dedicated to exposing abortion abuses, demanding enforcement, saving innocent lives, and building an abortion-free America. The author, Sarah Neely, is Project Coordinator for Operation Rescue.”