Abortion

2026 State Ballot Initiatives on Abortion

Missouri. Since passage of a state constitutional amendment on abortion in 2024 (with a 3.2% margin), abortion advocates have used the amendment to preliminarily block multiple Missouri statutes, including gestational limits on the performance of an abortion; prohibitions on sex-selective, race-selective, and Down Syndrome abortions; a requirement that abortion providers have admitting privileges at nearby hospitals; informed consent laws; a prohibition on telemedicine abortions; abortion-facility licensure laws; and a 72-hour waiting period.

The pro-life side has successfully obtained certification of Amendment 3, a proposed constitutional amendment that will be on the ballot this November 2026. According to the Missouri Catholic Conference, “the ‘new’ Amendment 3 would amend the Missouri Constitution to guarantee access to care for medical emergencies, ectopic pregnancies, and miscarriages; limit abortions to medical emergencies, fatal fetal anomalies, rape, and incest; restore health and safety standards for abortion clinics; ensure parental consent for minors; prohibit public funding of abortions except in limited circumstances; and, protect children from gender-transition treatments and procedures.”

Nevada. A radical amendment to enshrine abortion into the Nevada Constitution was approved by the voters in November 2024 (64% approval). To be enacted it must be approved by the voters a second time in November 2026. The Nevada Catholic Conference opposes this amendment, arguing that it permits abortions “to the 9^th month of pregnancy, to full term;” that it “removes parental notification, consent, and family involvement from all reproductive decisions for their minor children, including abortion;” and that it “eliminates the ‘licensed physician’ requirement for abortion.” For more information, go to the Nevada Catholic Conference website here.

Virginia. The proposed “Right to Reproductive Freedom” constitutional amendment (HJ 1) passed the legislature in 2025 and 2026, clearing the way for it to be voted on by the general electorate in November 2026. Upon its passage by the Virginia legislature, the two Bishops of Virginia, Bishop Burbidge and Bishop Knestout, issued a joint statement saying that the amendment would “enshrine virtually unlimited abortion at any stage of pregnancy, with no age restriction,” and would “severely jeopardize Virginia’s parental consent law, health and safety standards for women, conscience protections for healthcare providers, and restrictions on taxpayer-funded abortions.”  For more information, go to the Virginia Catholic Conference here.

Possible Ballot Initiatives

Idaho. The abortion rights side is collecting signatures to put a ballot initiative, the “Reproductive Freedom and Privacy Act,” before the voters on November 3, 2026. It is important to note that this ballot initiative will not amend the Idaho constitution, but rather it is a citizen-led effort to enact a statutory law. The initiative is designed to overturn Idaho’s current statutory prohibition on abortion. It also could overturn Idaho’s law requiring parental consent for a minor’s abortion, and it could allow minors to access transgender hormones and surgeries without parental consent. Citizens are urged not to sign the petition in support of this extreme ballot initiative.

Kentucky. HB 476 has been introduced in the legislature. It establishes a “fundamental right to reproductive freedom,” including the right to abortion. The amendment remains in committee, with the legislature scheduled to adjourn by April 15, 2026.

 Nebraska. Signatures are being collected to place a “Choose Life Now” constitutional amendment on the ballot in 2026. It reads: “A preborn child is a person at every stage of development, beginning at fertilization. Wherever under Nebraska law the term ‘person’ is used or implied, it shall include such a child.”

 Ohio. In 2023, Ohio enacted a constitutional amendment enshrining the right to an abortion into the Ohio constitution. Now, signatures are being collected to place a constitutional amendment, the “Ohio Equal Rights Amendment, on the ballot in November 2026. The Amendment reads in part, “Equality of rights under the law shall not be denied or abridged by the State of Ohio or its political subdivisions on account of race, color, creed or religion, sex, sexual orientation, gender identity or expression regardless of sex assigned at birth, pregnancy status, genetic information, disease status, age, disability, recovery status, familial status, ancestry, national origin, or military and veteran status.”

Pennsylvania. The Reproductive Rights Amendment (HB 1957) passed the House 102-101. It has been referred to the Senate State Government Committee. Passage by the Republican-controlled Senate is doubtful.

2026 Ballot Initiatives That Failed

Colorado. A proposal to amend the Colorado constitution to say that “children have the right to continue living from the moment they are conceived,” was blocked by the Colorado Supreme Court in January 2026 when it affirmed the Title Board’s determination that the Board lacks jurisdiction to set title because the initiative has multiple subjects.

 Oregon. Signatures were being collected in Oregon to put a constitutional amendment, “Equal Rights for All,” on the November 2026 ballot for a vote. It was designed to protect certain rights from governmental interference, including the right to abortion. It would guarantee equality of rights “on account of sex,” and define “on account of sex” to prohibit laws that discriminate based on pregnancy/pregnancy outcomes; gender identity; sexual orientation, including the right to marry; or sex. In February 2026 the signature drive came to an end. In announcing its decision, the Equal Rights for All coalition said: “When deliberating over this decision, we looked not just at the progress of our campaign but also the national landscape and the multitude of existential battles our communities are facing.” The ballot initiative was supported by the ACLU of Oregon, Basic Rights Oregon, Planned Parenthood Action Oregon, and other groups.

Wyoming. In January 2026, the Wyoming Supreme Court struck down two Wyoming pro-life statutes: a law protecting unborn children from abortion (with limited exceptions), and a law prohibiting chemical abortions. The Court asserted that the laws violate the right of an adult “to make his or her own health care decisions” as guaranteed by the Wyoming constitution.  In an effort to reverse this decision, legislators put forth a constitutional amendment that specified that the legislature would determine what constitutes “health care” for purposes of the Wyoming constitution (thereby allowing the legislature to regulate abortion). When the pro-life amendment was brought to a vote on the Senate floor it failed by one vote. It needed a 2/3 vote to prevail.

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In 2025, some states continued to strengthen their pro-life laws and programs, while others continue to fight the expansion of the culture of death that already exists.

Missouri, for instance, was in an interesting position.  Last year, the citizens of Missouri passed an initiative to place a right to abortion in the state constitution.  In 2025, the General Assembly passed a resolution that proposes to place some common sense health and safety regulations on abortion as well as protect minors with parent’s right to know guidelines.

In 2024, 13 states began the process of attempting to insert the right to abortion in their state constitution.  Three of those states failed on procedural grounds to move forward.  10 of those states succeeded in completing the requirements to place the initiative on the ballot.  Of these ten, six states voted, by varying margins, in favor of inserting a right to abortion in the state constitution.  One state, Nevada, passed the first of two rounds of voting for their initiative (a second vote will take place in 2026), and three states, Florida, Nebraska and South Dakota thankfully failed to acquire the votes needed to make a virtually unrestricted right to abortion part of the constitution.

The following three states initiated the process of introducing an abortion amendment but failed to get it on the ballot.