State abortion amendments get mixed results as millions voted on ballot measures across the country

Abortion amendments that were a major focus of Democratic campaigns this cycle saw mixed results Tuesday with one of the prime targets, Florida, narrowly rejecting a ballot measure that would have overturned the state’s six week abortion ban. 

The Florida result, the first of election night, fell short of the required 60% threshold in the increasingly Republican state, dooming the initiative and handing another victory to Florida GOP Gov. Ron DeSantis and the pro-life movement. 

The rejection of the amendment followed GOP presidential nominee Donald Trump's 13-point victory, improving on his statewide performance in 2020. 

Yet, not every abortion ballot measure faired well for pro-life advocates as the Sunshine State. 

Ten other states that considered similar amendments delivered mixed results and further accentuated the ways that states are diverging in how abortion is handled in the wake of the 2022 Supreme Court's decision to overturn nationwide abortion access guaranteed by Roe v. Wade.

An equal rights amendment in New York that would expand anti-discrimination protections to include ethnicity, national origin, age, disability, sex, sexual orientation, gender identity and expression, pregnancy outcomes and reproductive health care passed overwhelmingly with over 60% of the vote. 

Voters in Colorado and Maryland – two reliably Democratic states – passed amendments enshrining abortion rights in the states’ constitutions. 

On the other hand, voters in Missouri, a reliably Republican sate, narrowly approved a similar abortion amendment. However, that measure would allow state lawmakers to restrict the procedure after fetal viability. 

Shortly after midnight, at the time of this writing, Arizona appeared poised to pass an amendment creating a right to abortion until viability; Nebraska appeared likely to approve dueling amendments that would create a right to abortion before viability and at the same time limit the procedure after the first trimester; South Dakota appeared likely to reject an abortion rights ballot measure, according to data from the Associated Press. 

Drug policy was another major focus on voter initiatives, primarily focused on marijuana legalization, both recreational and medical. 

Florida rejected an amendment that would have broadly legalized marijuana in the state. 

Massachusetts appeared to reject an amendment that would have legalized psychedelic drugs for those 21 and old, a move that was opposed by psychiatrists in the state.

Voters in North and South Dakota appeared poised to reject amendments legalizing marijuana in their states. Nebraska, on the other hand, appeared poised to approve a medical marijuana measure. 

This round of votes appearing to reject legalization follows other states backtracking on liberal drug legalization, including Oregon – the trailblazer. 

Earlier this year, Oregon’s Democratic governor signed a bill that would re-criminalize drug possession after a 2020 initiative that removed all criminal penalties. The liberal policy applied to drugs like heroin, cocaine and methamphetamine, which could be punished by a ticket and a fine.

California approved a ballot measure that would strengthen penalties for certain crimes, reversing several waves of criminal justice reforms that liberalized the code. 

A decade ago, voters approved a separate proposition designed to relieve overcrowded prisons by reclassifying some felonies as misdemeanors. Law enforcement, prosecutors, and retail stores blamed the law for rising crime, homelessness and drug overdoses.  

School choice ballot initiatives in two states appeared set to fail Tuesday. Kentucky roundly rejected a school choice amendment that would have allowed the legislature to provide funding for students to attend private schools or to be used for homeschooling. Colorado appeared set to reject a similar amendment creating a right for school choice.