In post-Roe America, the national wound of abortion continues to ail our culture as the question of abortion’s legality—and morality—is posed to the states. The abortion debate featured prominently in the 2024 presidential race, but took center stage on the ballot in 10 states across the country as Americans continue to grapple with the abortion question in the post-Roe legal and political landscape. According to a recent report from SBA Pro-Life America, pro-abortion forces spent a whopping $570 million on TV advertising alone this general election season, far outpacing any other issue in terms of advertising spend. Despite this vast disparity in funding, three states secured pro-life victories, while voters in seven states approved pro-abortion ballot initiatives.

In Nebraska and Missouri, Thomas More Society took legal action to demand accountability from the abortion industry, and engaged in public commentary and legal analysis to help inform voters before they made their decision at the ballot box. In the Cornhusker and Show Me states, Thomas More Society played a front-and-center role in voter education efforts by delivering critical legal analysis to voters, shedding light on deceptive pro-abortion ballot schemes through speaking engagements and media outreach. We continue onward in our work to shed light on the political machinations of the abortion industry, even after the 2024 election season ends.  

Here are the 10 abortion-related state ballot initiatives in review:  

Nebraska

Initiative 439 “Protect the Right to Abortion” – Rejected 49% to 51%  

In a hard-won victory for life, Nebraskans voted 51% to 49% against the radical abortion expansion initiative, or the “Protect the Right to Abortion” ballot initiative. If passed, the pro-abortion measure would have abolished nearly 50 years of life-protecting legislation in the state.  

Prior to Election Day, Thomas More Society challenged Initiative 439 at the Nebraska Supreme Court, arguing that the initiative violated Nebraska’s Single Subject Rule, and was riddled with vague and deceptive language. When the Nebraska Supreme Court ruled that the ballot initiative could stay on the ballot, Senior Counsel Matt Heffron quickly shifted gears to provide comprehensive legal commentary to national and local media, empowering voters to make informed decisions on election day. By rejecting the abortion expansion ballot initiative, “Nebraskans saw through the abortion industry’s smokescreen,” Heffron said. “The pro-abortion constitutional amendment was an outrageously deceptive scheme from the start… I am glad that we at Thomas More Society were able to take a leading role in the fight against Initiative 439

Initiative 434 “Protect Women and Children” – Approved 55% to 45%

Uniquely in this election cycle, Nebraska voters were the only ones with the opportunity to vote on an alternative, pro-life ballot initiative. In a hard-won victory for life, 55% of Nebraska voters opted for the pro-life alternative, Initiative 434, which gives constitutional protection to the unborn in the second and third trimesters and permits further legislative restrictions of abortion throughout pregnancy.

‍Missouri

Amendment 3 – Approved 51.6% to 48.4%

Missouri voters passed the radical “Reproductive Freedom” constitutional amendment on their ballots, with 51.6% in favor and 48.4% against—a narrow margin despite the amendment's proponents outspending pro-life and pro-family efforts 8 to 1. Thomas More Society led the legal challenge against Missouri’s “Right to Reproductive Freedom Initiative,” filing a lawsuit challenging the Amendment’s vague and deceptive language. Senior Counsel Mary Catherine Martin worked around the clock to educate Missouri voters on the dangers of the amendment, which extends far beyond abortion into “all matters relating to reproductive health care,” including gender transitions, cloning, IVF, and more.  

We reached hundreds of thousands of voters through extensive media outreach, public commentary, and a legal guide that made the amendment’s confusing language accessible to many Missourians. Under Amendment 3’s broad language creating an unlimited right to “reproductive healthcare,” Missouri’s laws protecting parents, women, children, and babies are now under unprecedented threat. Mary Catherine Martin assured Missourians of Thomas More Society’s intent to continue defending life and family as organizations like Planned Parenthood move to expand abortion and gender-related policies in the state, saying, “Thomas More Society will not abandon Missouri in this post-Amendment 3 world. We stand ready to help defend the rights of Missouri’s parents, women, children, and babies, against the assaults that are planned by the proponents of Amendment 3.”‍

South Dakota

Amendment G – Rejected 40% to 60%

‍South Dakotans voted in favor of life by voting 60% to 40% against Amendment G, which, if passed, would have inserted the ‘right’ to abortion in the state’s constitution and prohibited any restriction on first-trimester abortions, and allowed abortion with certain exceptions beyond the first trimester. Currently, South Dakota is one of the most life-affirming states in the country.

Arizona ‍

‍Proposition 139 – Approved

‍Arizonans voted 62% to 38% to amend the state’s constitution through a measure to enshrine the ‘right’ to abortion in the state’s constitution up until the point of fetal viability, with exceptions for the life, physical health, or mental health of the mother throughout pregnancy. This marks a departure from Arizona’s previous 15-week ban.

Colorado  ‍

‍Amendment 79 – Approved

‍Colorado’s Amendment 79 passed 62% to 39% to maintain the state’s current unlimited abortion law, and enshrined it in the state constitution, while also tossing out a 40-year-old ban that prohibited use of government funding to cover abortions through health insurance.

Florida ‍

‍Amendment 4 – Rejected

Despite pro-abortion forces outspending pro-life efforts 10 to 1, Florida’s proposed Amendment 4 failed and the state maintains its six-week abortion ban. In this major victory for life, Floridians voted 43% to 57% on Florida’s Amendment 4, rejecting the pro-abortion initiative. Amendment 4 needed to surpass the state’s 60% threshold to become a constitutional amendment. If passed, Amendment 4 would have guaranteed the ‘right’ to abortion until fetal viability, and afterwards under the broad proposed “health” exception, in the state’s constitution.

Maryland ‍

‍Amendment 1 – Approved

‍Maryland voters passed the “Right to Reproductive Freedom” Amendment 74% to 26%, which will guarantee a ‘right’ to ‘reproductive freedom’ (abortion) in its constitution. Maryland already allows abortion up until the point of fetal viability, but Amendment 1 will stand as a major obstacle to future pro-life legislation in the state.

Montana

‍‍Constitutional Initiative 128 – Approved

‍Similar to other state initiatives, Montana passed its Constitutional Initiative 128, voting 57% to 43% to enshrine abortion up until and after fetal viability despite abortion already being legal in the state. This was another move to stifle future attempts to limit abortion. Notably, Montana voters rejected a 2022 referendum that would have guaranteed care to infants born alive after a failed abortion, following a scare campaign by pro-abortion groups.  

Nevada

Question 6 – Approved

‍Nevada voters approved a measure that will expand abortion beyond its current, permissive 24-week abortion law, voting 63% to 37% to allow abortion until fetal viability, with additional exceptions for the life and health of the mother.

New York

Proposition 1 – Approved

The Empire State, which already permits abortion up to 24 weeks with additional exceptions, voted 62% to 39% for the “Amendment to Protect Against Unequal Treatment,” which prohibits discrimination based on “sex, including orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy.” Keeping with a common theme across state abortion ballot initiatives, Proposition 1’s language was overbroad and vague. The amendment presents concerning implications for issues ranging from abortion to biological men being allowed in women’s restrooms and locker rooms and could create legal challenges for pro-life organizations who exclusively seek to hire employees who support their mission.

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The pro-life victories in Nebraska, Florida, and South Dakota—and tight margins in many other states, particularly Missouri—show that when the pro-life movement places emphasis on educating voters and holding pro-abortion forces accountable to the law, it wins. This election season, Thomas More Society tackled complacency surrounding abortion, and the large swath of issues wrapped up in broad initiative language, with hard-hitting legal challenges and voter education.

There is still much work to do, as evidenced by the seven states that voted to enshrine abortion within their state constitutions. In the states that have increased their attacks on life, Thomas More Society stands ready to defend the courageous heroes who are stepping forward to be voices for the voiceless.