When the U.S. Supreme Court majority deprived us of our fundamental right to abortion and overturned Roe v. Wade, they justified the unprecedented maneuver by asserting “the authority to regulate abortion must be returned to the people.”

Last night, the people responded with robust support for abortion rights.

As WLP legal intern and University of Pittsburgh School of Law student Hannah Brem noted at JURIST this morning, U.S. voters in California, Michigan, Kentucky, and Vermont voted in favor of abortion rights in four state ballot measures. A fifth ballot measure in Montana has not yet been called but looks like it will also be a majority victory for abortion rights.

From Brem’s round-up:

  • In California, voters affirmed Proposition 1 and decided to expressly “include existing rights to reproductive freedom—such as the right to choose whether or not to have an abortion and use contraceptives” in the California Constitution.
  • Michiganders voted in favor of Proposal 3 to “establish [a] new individual right to reproductive freedom, including [the] right to make all decisions about pregnancy and abortion; allow [the] state to regulate abortion in some cases; and forbid prosecution of individuals exercising [this] established right.”
  • Kentucky voters rejected Constitutional Amendment 3, a proposed revision to the state constitution reading, “nothing in this Constitution shall be construed to secure or protect a right to abortion or require the funding of abortion.”
  • Vermont voters chose overwhelmingly to accept Proposal 5 and include language in the state constitution “that an individual’s right to personal reproductive autonomy is central to the liberty and dignity to determine one’s own life course and shall not be denied or infringed unless justified by a compelling State interest achieved by the least restrictive means.”

The anti-abortion ballot initiative in Montana has not been called yet but is currently projected to fail by more than five points.

With such resounding rejection of anti-abortion efforts to deprive voters of state-based reproductive rights — and robust support for explicitly affirming reproductive autonomy as a fundamental right in state constitutions — it remains to be seen what Pennsylvania’s anti-abortion state lawmakers will do about the anti-abortion constitutional amendment that is only one session’s passage away from appearing on Pennsylvania ballots next year.

Remember, Pennsylvania AG Josh Shapiro’s gubernatorial victory last night cannot stop the anti-abortion amendment from passing because the governor’s office does not have the power to veto amendments.

Only you do. Clearly, we can do it!

PS: Today is a great day to sign our petition opposing the Pennsylvania anti-abortion constitutional amendment!

WLP’s Annual Philadelphia Party November 17

Not coincidentally, the theme of our Philadelphia gala this year is “We can do this!”

To support our work fighting for gender justice and abortion rights in Pennsylvania, please join us at the Ballroom at the Ben on Thursday, November 17!

Women’s Law Project is a public interest law center in Pennsylvania devoted to advancing and defending the rights of women, girls, and LGBTQ+ people in Pennsylvania and beyond. As a non-profit organization, we can not do this work without you. Please consider supporting our work.

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