High Stakes on Abortion
Two years after the U.S. Supreme Court returned the issue back to the states, a record number of abortion initiatives are on the ballot Nov. 5 that will limit the rights of the unborn.
Already since the federal reversal of Roe v. Wade in 2022, seven states have approved measures to remove protections for babies in the womb. Next month, voters in 10 states will be asked to decide whether to loosen safeguards for the unborn.
But pro-family organizations warn voters that the ballot initiatives under consideration would open the door for unrestricted abortion never allowed at the federal level.
“Every one of these measures actually goes far beyond what Roe v. Wade declared constitutional,” says Nicole C. Hunt, an attorney with Colorado-based Focus on the Family. “They all would enshrine abortion as a constitutional right.”
“These extreme abortion amendments could allow for late-term abortions and taxpayer-funded abortions,” says Erica Steinmiller-Perdomo, legal counsel for Alliance Defending Freedom’s (ADF) Center for Public Policy in Washington, D.C. She says the language of the amendments is intentionally vague, inviting legal loopholes down the line.
Rather than referring to terminating the life of a baby in the womb or even mentioning abortion directly, the proposals are couched in language focusing on “reproductive freedom,” “women’s health,” or “human rights.” While the initiatives typically purport to forbid abortion after “fetal viability” (usually around the 23rd week of gestation), exceptions would be granted if any medical provider deems abortion “necessary.” Hunt notes that myriad judges in the past have allowed abortion because the pregnant mother merely contends it would be detrimental to her mental health if she didn’t obtain one.
“Courts have interpreted exceptions for the life and health of the mother so broadly it can be used for virtually any abortion, including gruesome late-term abortions,” says Steinmiller-Perdomo.
Organizations such as Planned Parenthood and the American Civil Liberties Union are pouring money into campaigns of the 10 states involved: Arizona, Colorado, Florida, Maryland, Missouri, Montana, Nebraska, Nevada, New York, and South Dakota. Six of those states now have pro-life laws in place, which Hunt estimates save a combined 50,000 lives annually.
BELLWETHER STATE
The abortion industry has been successful in securing expanded abortion rights in all seven states where initiatives have been on the ballot since the Roe reversal in 2022. Hunt notes that pro-abortion groups have invested over $50 million in advertising in Florida alone this year to pass an amendment. Unlike most states, where a simple majority would change the law, a supermajority of 60% of Florida voters would need to approve a ballot initiative to undo the state’s current law; abortion is illegal from the moment a baby’s heartbeat is detectable. Only $5 million has been raised in a campaign to defeat the measure.
Hunt sees Florida as a bellwether, saying the abortion industry figures if the strategy wins there, it can be successful anywhere. If the law passes, Hunt estimates it would mean the deaths of an additional 50,000 babies a year, as Florida becomes a Southern hub for girls and women seeking abortion.
Missouri is another state with myriad robust pro-life laws in place, Steinmiller-Perdomo notes, including requirements that a pregnant female have the option to see an ultrasound before making a decision and prohibition of the use of telemedicine for at-home chemical abortions. But she says the ballot amendment could scrap all that and more.
Steinmiller-Perdomo also says the open-ended wording of the Missouri “right for reproductive freedom” petition might lead to legal guarantees that residents have freedoms to elect to remove their reproductive organs in gender transition.
ADF, which is based in Scottsdale, Arizona, has concluded that the Grand Canyon State’s proposed “abortion access act” could force income taxes to fund abortion, even for nonresident girls coerced to travel to the state. The amendment declares “every individual has a fundamental right to abortion.” Current Arizona law forbids abortion after the 15th week of pregnancy.
OPENING THE DOOR
Lawsuits already are being filed in states such as Michigan and Ohio that enshrined abortion in state constitutions in the past couple of years. Challenges have been made to eliminate informed consent laws, required waiting periods, and health standards for facilities performing abortions. In addition, abortion providers have initiated litigation demanding taxpayer-funded abortion for the poor. In June, Illinois enacted a law requiring insurance companies to provide full coverage for abortions.
Hunt says the imprecise wording of proposed laws would legalize abortion in the seventh, eighth, and ninth month of gestation. Late-term abortions in the U.S. account for around 1% of all abortions, or about 10,000 annually. A Gallup poll last year showed 70% of Americans oppose third-trimester abortions.
“These amendments would allow healthy moms carrying healthy babies to get late-term abortions, and that’s something the majority of Americans do not support,” Hunt laments. She says 15 states don’t require medical intervention if a baby survives a late-term abortion attempt.
The proposed overhaul of abortion laws also could override current protections for doctors who refuse to assist.
“When a new right to abortion is created in the state constitution, at some point it could be pitted against the freedom of conscience of medical professionals not to perform or participate in abortions,” Steinmiller-Perdomo says.
ADDITIONAL INITIATIVES
Nebraska will be the only state on Nov. 5 to feature competing ballot initiatives regarding abortion. Hunt says pro-life organizations rallied to place a constitutional measure before voters after realizing pro-abortion groups had garnered enough signatures to do the same. One ballot question seeks to authorize all persons to “have a fundamental right to abortion until fetal viability,” while the other states “unborn children shall be protected from abortion in the second and third trimester.” Currently, abortion is prohibited in the state after 12 weeks. Whichever initiative receives the most votes becomes law.
There are other social issues on state ballots in the election next month. Voters in five states — Arkansas, Florida, Nebraska, North Dakota, and South Dakota — will be asked to legalize or further diminish restrictions on marijuana. In Massachusetts, those going to the polls will decide whether to permit personal use of psychedelic substances. Gambling measures are before constituents in three states: a Colorado proposal ties sports betting tax revenue for water projects; Arkansans will determine whether to approve new casino licenses; and Missourians will resolve a measure regulating licensed sports wagering.
Although the Supreme Court almost a decade ago legalized same-sex marriage across the land, three states — California, Colorado, and Hawaii — will decide whether to formally remove dormant language from state constitutions that restrict marriage between one man and one woman.
CHRISTIAN TURNOUT
But nationwide, abortion remains the biggest issue Nov. 5.
“Voters should reject these extreme activist measures proposing unlimited and unregulated abortion on demand,” Steinmiller-Perdomo says. “A constitutional amendment is very hard to change down the line. Christian voters should become informed about what these misleading ballot initiatives threaten to do, and defend both life and freedom.”
Hunt cites exit polls last November that showed 30% of Ohio voters who approved expanding abortion rights in the state identified as Christian. She believes fear-mongering tactics are responsible.
“The pro-abortion industry has been so successful at writing the narrative that it causes people to vote out of fear, rather than sticking to their principles,” Hunt declares. She says it’s vital for voters to take a stand now for the sake of future generations. Currently, 41 states limit abortion at some point in pregnancy, 25 of them at 20 weeks or less. Fourteen states forbid abortion immediately after conception.
“It’s so important for Christians, as part of a countercultural stance, to show up and vote Bible-based values, particularly for the sanctity and dignity of human life as it begins in the womb,” Hunt says.
Assemblies of God General Superintendent Doug Clay urges adherents of the Fellowship to exercise their right to vote on Nov. 5.
“Genesis 1:27 reveals all humanity is created in God’s image, while Genesis 9:6 commands respect for human life because of its status,” Clay says. “I’m grateful that our Fellowship has always celebrated and fostered a culture of life, protecting the most vulnerable among us.”