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The Fight for Life Continues in the States
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Since the U.S. Supreme Court's landmark decision to overturn Roe v. Wade on June 24, 2022, the power to regulate abortion is returned to the states. As a result, state lawmakers have engaged in fierce legislative fights across the country, resulting in a series of contentious battles between pro-abortion and pro-life activists.
Photo credit: Edmond Dantes
In response to the shifting landscape, pro-abortion activists have intensified their efforts to cement their abortion policies within state constitutions. By doing so, they aim to create formidable barriers against any future attempts to restrict or limit abortion access within a state, further entrenching their dark agenda.
States like New York and Maryland, which already have pro-abortion policies in place, have witnessed collaboration between activists and lawmakers to introduce constitutional amendments with broad language. The proposed amendments avoid using the term "abortion" explicitly but instead establish sweeping protections for "reproductive health care" or "reproductive freedom." Such language is designed to encompass a wide range of reproductive rights and effectively ensure that any limitations on abortion become exceedingly challenging to implement within these states.
In states where voters have elected pro-life lawmakers, pro-abortion activists have taken a different approach. They have utilized citizen-led initiatives to place constitutional amendment referendums on the ballots. These referendums, with language that some pro-life advocates have deemed misleading, seek to enact pro-abortion policies, thereby bypassing the state legislatures' opposition to such measures.
Several states have already scheduled referendum votes. New York and Maryland's referendums are set for November 5, 2024, while Ohio's is scheduled for November 7, 2023. Efforts are underway to secure similar constitutional amendment referendums in Florida, Missouri, and South Dakota for November 5, 2024.
The proposed constitutional amendments in New York and Maryland are carefully crafted to broaden anti-discrimination protections to include "reproductive health care" or "reproductive freedom." This language leaves the extent of abortion access uncertain, potentially extending it beyond the 24th week of pregnancy, where the current laws allow abortion in those states.
Similarly, the Ohio proposal seeks to establish a constitutional right to abortion, prohibiting lawmakers from restricting abortion before fetal viability, usually around the 24th week of pregnancy. It would extend protection past viability if the mother's life or health is at risk.
Meanwhile, the proposed amendment in Florida aims to establish a constitutional right to abortion up to the point of viability or when necessary to protect the patient's health. If passed, this would override current Florida law, which prohibits abortion after 15 weeks.
The rationale behind pursuing these policies through constitutional amendments varies depending on the state's existing stance on abortion. In states like New York and Maryland, where abortion access is already legal, amending the state constitution would solidify these policies, making them virtually permanent and resistant to future legislative changes. In contrast, states with pro-life lawmakers face amendment referendums as a means to bypass opposition and enact pro-abortion policies through a single campaign effort.
Proponents of these amendments have faced criticism for their use of broad and deceptive language, leading to concerns that the amendments could effectively legalize late-term abortions up to the ninth month of pregnancy. Pro-life advocates argue that the vague language deliberately obscures the true extent of the proposed policies and could lead to the erosion of parental involvement in minors' abortion decisions.
The battleground over abortion policies continues to intensify, with both sides preparing for crucial referendums in the coming years. The outcome of these votes will significantly shape the future of abortion rights and restrictions in individual states, reflecting the ongoing and deeply divisive national debate over this critical issue.
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