Abortion Rights On the Ballot in 3 States Next Month

Abortion rights will be on the ballot in three states next month with voters in West Virginia, Alabama, and Oregon set to vote on whether their state constitutions provide the right to an abortion or allow taxpayer funding of abortions. Here’s a look at what they do:

West Virginia’s Amendment 1 would amend the state constitution to clarify that “nothing in this Constitution secures or protects a right to abortion or requires the funding of abortion.”

While the amendment wouldn’t have any immediate effect on abortion rights in West Virginia, it’d prevent courts from interpreting that the state constitution protects abortion rights if Roe v. Wade were to be overturned. That could allow the enforcement of policies criminalizing certain abortions or prohibiting public funds from going to abortions, including laws West Virginia retained but hasn’t enforced in the wake of Supreme Court rulings.

This proposed constitutional amendment was referred to West Virginia voters by the state legislature, which it approved with votes that were mostly along party-lines.

Alabama’s Amendment 2 would also clarify that “nothing in this Constitution secures or protects a right to abortion or requires the funding of abortion” in the event Roe is overturned, in addition to:

• Declaring that the state’s policy is to recognize and support “the sanctity of unborn life and the rights of unborn children, including the right to life.”
• Expressing that the state will “ensure the protection of the rights of the unborn child in all manners and measures lawful and appropriate.”

This proposed constitutional amendment was referred to Alabama voters by the state legislature, which approved it with votes that were mostly along party-lines.

Oregon’s Measure 106 would amend the state constitution to prohibit the use of public funds to pay for abortions except in cases of rape, incest, or where abortion is medically necessary to prevent the injury or death of the pregnant woman.

Oregon allows public funds to be used to pay for abortions provided through its Medicaid program, the Oregon Health Plan. Because federal Medicaid dollars can’t pay for abortions, Oregon taxpayers pay the full cost of abortions in the Oregon Health Plan. Last year, Oregon’s legislature allowed unauthorized immigrants without health insurance to get taxpayer-funded abortions with the enactment of the Reproductive Health Equity Act along party-lines.

This proposed constitutional amendment was initiated by Oregon voters who submitted about 140,000 signatures, more than the 117,578 signatures required for the initiative to qualify for the ballot.

— Eric Revell

(Photo Credit: iStock.com / DJMcCoy)