Election: Nov. 7, 2023 (General)
Outcome: Passed
Categories:
AbortionThe ballot initiative would establish a state constitutional right to "make and carry out ones own reproductive decisions," including decisions about abortion, contraception, fertility treatment, miscarriage care, and continuing pregnancy.
Under this amendment, the state would be prohibited from interfering with this constitutional right, except when the state demonstrates "that it is using the least restrictive means to advance the individual's health in accordance with widely accepted and evidence-based standards of care."
The constitutional amendment would allow the state to restrict abortion after fetal viability, defined as "the point in a pregnancy when, in the professional judgment of the pregnant patient's treating physician, the fetus has a significant likelihood of survival outside the uterus with reasonable measures."
Under this measure, the state would not be permitted to ban abortion when, in the professional judgment of a physician, an abortion "is necessary to protect the pregnant patients life or health."
Article I, Section 22. The Right to Reproductive Freedom with Protections for Health and Safety
A. Every individual has a right to make and carry out ones own reproductive decisions, including but not limited to decisions on:
1. contraception;
2. fertility treatment;
3. continuing ones own pregnancy;
4. miscarriage care; and
5. abortion.
B. The State shall not, directly or indirectly, burden, penalize, prohibit, interfere with, or discriminate against either:
1. An individual's voluntary exercise of this right or
2. A person or entity that assists an individual exercising this right,
unless the State demonstrates that it is using the least restrictive means to advance the individual's health in accordance with widely accepted and evidence-based standards of care.
However, abortion may be prohibited after fetal viability. But in no case may such an abortion be prohibited if in the professional judgment of the pregnant patients treating physician it is necessary to protect the pregnant patients life or health.
C. As used in this Section:
1. Fetal viability means the point in a pregnancy when, in the professional judgment of the pregnant patient's treating physician, the fetus has a significant likelihood of survival outside the uterus with reasonable measures. This is determined on a case-by-case basis.
2. State includes any governmental entity and any political subdivision.
D. This Section is self-executing.