Mostly victories, some losses for abortion rights on election

South Dakota and Florida's ballot initiative fell short.

Reproductive rights leaders in Arizona had an overwhelming win with their ballot initiatives, as voters went for them at an almost 2-to-1 margin. Amy Fitch-Heacock, whom I’ve corresponded with for years, seemed relieved and excited that it passed, with a bit of trepidation while watching the presidential race. 

“It's it has been emotional and hard-fought, and I don't think that it is fully sunk in, yet, what this means for Arizona,” Fitch-Heacock said.

As many other activists have pointed out, it’s often the first-hand accounts from women talking about their abortions that made a difference. 

“The key here with abortion is storytelling,” she said. “Every time you get people from your community out willing to share that most vulnerable part of their lives, their abortion story. However that looks, it changes the conversation completely.” 

Maryland activists secured victory in the passage of its abortion rights amendment. Abortion was already legal in the state, but reproductive rights leaders wanted to protect it with constitutional guarantees further. The chair of Freedom in Reproduction Maryland, Erin Bradley, spoke to me about the win. 

“They respect a person's right to make their own decisions about their health and that only an individual and their healthcare provider really have the right to make that decision,” Bradley said. “I think that that was the underlying premise. And then with some voter education and outreach efforts, we were able to just, we were able to ensure that Marylanders voted their values.” 

Colorado’s ballot initiative, which enshrined abortion rights in the state constitution and permitted public funds to pay for abortions, passed overwhelmingly. Jessica Grennan, campaign director for the effort, spoke to me over the phone. 

“Voters realize that abortion is part of the range of health care available for folks, and I think people are mad at what's happening around the country on abortion access and abortion rights,” Grennan said. “And I think we have real people telling real stories on why, why this was so important to enshrine in the constitution.” 

New York feminists won a victory with the passage of its Equal Rights Amendment. It enshrines abortion rights in the state constitution. 

In Nebraska, there were two dueling abortion rights measures. One banned abortion in the second and third trimester, with exceptions for rape, incest, or medical emergencies. The other would protect abortion rights up to the point of viability. Voters have seemed to prefer the more expansive vision of abortion rights thus far in the early returns. It looks to be on pace to passage, while the other amendment is close. If both passed, conflicting laws would have to be sorted out by the state supreme court. 

Missouri passed its ballot initiative that protected abortion rights up until the point of fetal viability. Rachel Sweet, Campaign Manager, Missourians for Constitutional Freedom, said Missourians made history and sent a clear message about decisions surrounding pregnancy. 

“By passing Amendment 3, Missourians have put the power to make personal health care decisions back where it belongs — in the hands of Missourians, their families, and their health care providers,” Sweet said. “I am incredibly proud of the tireless work from our coalition and grassroots supporters who made this day possible. This win is proof that Missourians are ready for a future where everyone has access to the health care they need."

Abortion rights activists suffered a defeat in Florida as its ballot initiative failed to pass the required 60 percent threshold. For the past few weeks, there has been an onslaught of antiabortion tactics employed by Gov. Ron DeSantis to derail the effort. Currently, the law in the state bans abortions past six weeks. 

Lauren Brenzel, campaign director for Yes on 4, which supported the amendment, spoke at a news conference afterward.

“The reality is a majority of Floridians in what is the most conservative presidential election in Florida history just voted to end Florida's abortion ban,” Brenzel said. 

Brenzel pointed out that 57 percent of the state supported the amendment.

“They are tired of women dying because of abortion bans,” Brenzel said. “They are tired of women being forced to give birth to children who died in their arms because of abortion bans. They are tired of doctors being threatened with prison time because of their abortion bans. A bipartisan group of voters today sent a clear message.” 

There will be much reflection and recrimination on what led to the defeat. At one point in July, According to a study conducted by the University of North Florida’s Public Opinion Research Lab, roughly 69 percent of state residents supported the proposed amendment. Something shifted public opinion in that time. It could have been all the shenanigans employed by DeSantis. 

The campaign in Florida was strongly connected to Kamala Harris’ campaign in the hopes that abortion rights would lift her to victory in the Sunshine State. She lost to Trump. 

Alexis McGill Johnson, President and CEO, Planned Parenthood Action Fund, sent a statement through a news release. 

“The outcome of Amendment 4 is a direct result of interference and the abuse of taxpayer resources by the State of Florida to deceive voters and undermine our democracy,” Johnson said. “This loss does not reflect the will of the Floridians, who turned out in droves to reject Florida’s abortion ban and say clearly that they don’t want government in their personal medical decisions. This is not over. The unprecedented number of Floridians who came out to vote shows just how strong the movement to restore abortion access in Florida really is. We won’t stop until reproductive freedom is a reality for every Floridian.”

Early returns show that most voters shot down South Dakota’s ballot initiative. The initiative had been controversial in abortion rights circles because it protected abortion up to the point of viability and not beyond it. What was strange about that is that the exact wording happened in other states, yet they received support. Some women had issues with the committee behind the initiative being driven by men. My experience with its leader, Rick Weiland, was generally positive. It’s disappointing to me that it didn’t appear to pass. 

Nevada’s results weren’t in by the time this was written. In Montana, the early returns supported the initiative’s passage. I’m signing off for the night. I’ll talk more about what lies ahead for the Democratic Party generally.