The state of abortion in 2024

By Katie Raser, OA&FS counselor

At OA&FS, we are committed to ensuring that anyone facing an unplanned pregnancy has the ability to choose the path that’s best for them, and we believe that access to abortion is essential. As such, we were keeping a close eye on elections last week that had abortion rights on the ballot, and there was some good news.

Ballot measures related to abortion were on the ballot in 10 states on last Tuesday’s election. Nine of these ballots sought to increase or protect access to abortion, while one, in Nebraska, sought to further restrict access to abortion. Protective measures passed in 7 states as follows:

In Missouri and Arizona, abortion rights were largely restored. Missouri, which was the first state to enact a full abortion ban following the Dobbs decision in 2022, will now have a constitutional amendment that protects the right to abortion up to the point of fetal viability, generally around 24 weeks of gestation. The amendment will go into place 30 days after passage.

Arizona, which previously had a ban on abortions sought after 15 weeks, passed an amendment similar to Missouri’s, protecting the right to seek an abortion up to the point of fetal viability, with some room for exceptions for later abortions if the health or life of the pregnant person is at risk.

Abortion rights were strengthened in Colorado, Montana, Maryland, New York, and Nevada. These states already had laws granting a pregnant person’s right to abortion. These four states passed constitutional amendments to strengthen the laws already on the books. It should be noted that, in Nevada, this measure has to be passed twice before it is implemented.

Unfortunately, measures to restore or protect access to abortion failed in Florida and South Dakota. In a further blow to abortion access, Nebraska passed a ban on abortions after 12 weeks of pregnancy. As of this writing, abortion is fully banned in 13 states. Six states have a ban on abortions after 6 weeks, 5 states have a limit between 15 and 22 weeks, 17 states limit abortion at or near viability, and 9 states and DC have no gestational limits. This means that pregnant people living in 24 states do not have full abortion access. And, it is important to note, even in states where abortion is protected, not all pregnant people may be able to access an abortion due to a lack of abortion providers or financial barriers.

Interested in learning more?  NPR has a great breakdown of the measures both passed and rejected. KFF has visual representations of how the recent ballot measures impact abortion protections as well as a general summary of abortion access in the United States.

OA&FS remains steadfast in our support of a pregnant person’s right to control their own reproductive and parenting decisions, including their right to abortion. Our options counselors continue to follow news about abortion access so that they can be well-informed when providing options counseling to individuals facing unexpected pregnancies.