Since the annulment, at the end of May, of the Roe vs. Wade judgment, American states are free to legislate on the right to abortion at their level. Five of them took advantage of the mid-term elections on Tuesday, November 8, to organize referendums on the subject.
Since the decision of the Supreme Court of the United States, a dozen states have already banned abortion or almost. On Tuesday, the right to voluntary termination of pregnancy (IVG) should, on the contrary, be reinforced in at least three states, according to the partial results delivered by Politico, NBCNews or even the washington post.
Michigan enshrines the right to reproductive freedom in its Constitution
In this state in the north of the United States, a law prior to the Roe vs. Wade judgment which prohibited abortion had been blocked by a judge. Governor Gretchen Whitmer and Attorney General Dana Nessel, both out-of-term Democrats, did not want the law to take effect after Roe vs. Wade was overturned.
On Tuesday, voters were called upon to vote on the inclusion in the State Constitution of a right to reproductive freedom. After the counting of more than 80% of the votes, the “yes” won Wednesday at nearly 56%.
This vote thus definitively buries the blocked law prohibiting abortion in the State and creates this right to reproductive freedom, leaving women free of their decisions in matters, in particular, of contraception, abortion or infertility.
Vermont guarantees the right to reproductive autonomy
After the counting of 99% of the votes cast in Vermont, the voters largely chose to enshrine in the Constitution of the State a right to reproductive autonomy. Politico credits the “yes” with 77.5% of the votes, NBCNews with 76%.
California endorses the right to abortion by enshrining it in its Constitution
Since the reversal of the Roe vs. Wade case, California has sought to strengthen the right to abortion on its territory. The measure submitted to the vote on Tuesday would ratify this right in the State Constitution, with that, in particular, of the free choice of contraception.
After the counting of less than 40% of the votes on Wednesday, the voters had largely voted in favor, unsurprisingly, at more than 65%.
Kentucky fights to record the absence of a right to abortion
After the dismantling of the federal right to abortion, Kentucky was one of the states to ban voluntary termination of pregnancy (abortion). Wednesday, after counting more than 80% of the votes, the results were very tight.
According to washington post and NBCNews, about 52% of voters voted against including a statement in the state constitution that “nothing in the Constitution creates a right to abortion”. If the proposal is well refused, abortion rights groups may have a better chance of succeeding in blocking the abortion ban in court.
Montana will not consider a living newborn, even after a failed abortion, a person.
In Montana, a law prohibiting abortion after twenty weeks of pregnancy exists but has not entered into force. For now, the right to abortion is therefore guaranteed by the State Constitution at any stage of pregnancy.
This is why the measure put to the vote on Tuesday provides that any living newborn – following an induction, a cesarean section or even in the rare case of a failed abortion attempt – is considered a person and, as such, receives appropriate medical care, in particular resuscitation.
Caregivers who do not respect this principle would then face a penalty of up to twenty years in prison and a $50,000 fine. After nearly 80% of the votes counted, voters refused this measure on Wednesday by nearly 53%.