Wednesday, November 06, 2024

Four states vote to protect abortion access, while effort fails in Florida

By UPI Staff

Florida residents are seen filling in their ballots on election day for Democrat and Republican Presidential candidates along with down ballot candidates in Miami on Tuesday. Florida is among nine states with measures related to abortion rights on the ballot. Photo by Gary I Rothstein/UPI | License Photo


Nov. 5 (UPI) -- Florida's attempt to protect access to abortion rights narrowly failed Tuesday, while similar efforts in Arizona, Colorado, New York and Maryland succeeded.

The controversial medical practice is on the ballot in 10 states, as voters continue to contend with the fallout of the Supreme Court's decision to overturn Roe vs. Wade.
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Results in Missouri, Montana, Nebraska and South Dakota were still pending as of early Wednesday. Nevada voted to pass the measure, but it needs to pass in consecutive elections before taking effect.

Voters are being asked to alter or amend their constitutions to protect abortion rights in the absence of the federal protections previously provided by the landmark Supreme Court case.


Arizona

Arizona voters passed Proposition 139 to create a "fundamental right to abortion" under the state's constitution.

According to unofficial state results, nearly 63% voted "Yes" to the proposition, compared to 37.1% who voted "No." It needed a 50% "Yes" vote to pass.
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The vote will alter the state's constitution to declare that Arizona will not be able to interfere with the fundamental right of abortion before fetal viability "unless it has a compelling reason and does so in the least restrictive way possible."

The measure describes "fetal viability" as "the point in the pregnancy when, in the good-faith judgement of a treating health care professional, the fetus has a significant likelihood of survival outside of the uterus."

The measure will prevent the state from interfering with "the good faith judgment" of a doctor that an abortion is necessary to protect the life or health of a pregnant person for the length of the pregnancy, both before and after fetal viability.

It will also protect against state penalties for aiding or assisting a pregnant person in receiving an abortion.

Colorado

Colorado's Amendment 79 to add a section to Article II of the state's constitution recognizing abortion rights passed with a "Yes" vote of 61.44%, according to unofficial state results, passing the 55% threshold needed.

Nearly 39% of voters ticked "No" on the ballot.

The measure will add "Section 32. Abortion" to the article, which states:

"The right to abortion is hereby recognized. Government shall not deny, impede, or discriminate against the exercise of that right, including prohibiting health insurance coverage for abortion."

Florida

In Florida, Amendment Four sought to "limit government interference with abortion" in wake of the state imposing a law that bans abortion after the gestational age of a fetus is determined to be more than six weeks.

The measure received a 57.02% approval, falling just shy of the required 60% to pass. It would have amended the state's constitution to say that "no law shall prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient's health as determined by the patient's healthcare provider."

The amendment would not have altered the legislature's authority under the constitution to require that a parent or guardian be notified before a minor has an abortion.

Maryland

Question 1 in Maryland asked voters whether the state should amend the state's constitution to introduce a new section that guarantees a right to reproductive freedom, and voters overwhelming said "Yes."

According to unofficials state results, 73.9% approved the measure, well surpassing the 50% needed for the measures to pass.

The proposal states states that "reproductive freedom" includes but is not limited to "the ability to make and effectuate decisions to prevent, continue, or end the individual's pregnancy, and provides the state may not, directly or indirectly, deny, burden, or abridge the right unless justified by a compelling state interest achieved by the least restrictive means."

Missouri

Missouri's Amendment Three would alter the state's constitution to enshrine reproductive freedom in the state.

The language of the bill says the constitution would be amended to include a clause that would bar the state government from infringing on a person's right to "make and carry out decisions about all matters relating to reproductive health care, including but not limited to prenatal care, childbirth, postpartum care, birth control, abortion care, miscarriage care, and respectful birthing conditions."

It would, however, allow the state to restrict abortion access after fetal viability and in instances where "such action is justified by a compelling governmental interest achieved by the least restrictive means."

The measure must receive a simple majority to pass.

Montana

Montana's Ballot Issue 14 would amend the state's constitution to guarantee the right to an abortion up until fetal viability or to protect the life of the patient.

The amendment states that the government would be prohibited from penalizing patients, healthcare providers or anyone who assists someone seeking or carrying out an abortion. Abortion is currently banned in Missouri except when to protect the life of the mother or to preserve a pregnant person's health.

Providing an abortion in violation of the state's law is a class B felony.

Ballot measures require a simple majority to pass.

Nebraska

Nebraska has two initiatives on the ballot related to abortion access.

Initiative 434 would amend the state constitution to ban abortions in the second and third trimesters unless the pregnancy is the result of sexual assault or incest.

Initiative 435 would amend the state constitution to enshrine the right to an abortion until fetal viability or when needed to protect the life of the mother.

Abortion is currently banned after 12 weeks of pregnancy in Nebraska, with exceptions for rape, incest and when there is a threat to the patient's life.

Ballot initiatives need a simple majority to pass in Nebraska and at least 35% of votes cast must affirm the initiative.

Nevada

Voters in Nevada passed Question Six to amend the state's Constitution to create an individual's fundamental right to abortion.

Unofficial state results show nearly 63% voted "Yes" to the amendment, while 37% voted "No."

The ballot measure required a simple majority to pass, but it must pass in consecutive elections before becoming law. It will need to pass again in 2026 to take effect.

According to the amendment, a fundamental right to abortion prevents interference from state and local governments when the procedure is performed by a medical professional before "fetal viability or when necessary to protect the health or life of the pregnant individual."

The measure will also direct the state to prohibit from penalizing or prosecuting any individual based on the outcome of their pregnancy.

New York

New Yorkers passed Proposal Number One, also known as the Equal Rights Amendment, to codify abortion rights into the state's Constitution through an amendment to protect pregnant people from discrimination.

The proposal passed by 61.27%, surpassing the 50% threshold needed, according to unofficials election night results from the state.

With the measure passing, the Constitution will be amended to ensure no person will be denied equal protection of the laws of the state because of "pregnancy, pregnancy outcomes and reproductive healthcare and autonomy."

South Dakota

South Dakota's Amendment G is a measure to establish the right to an abortion in the state constitution and create a legal framework for regulating abortion.

If passed, the state would be able to regulate abortion access only after the first trimester. Proponents of the measure say it effectively restores the rights once protected by the Roe vs. Wade decision.

The state enacted a near-total ban on abortion in 2022, making it a felony to perform an abortion with an exception for saving the life of the mother.

Florida's adult-use marijuana initiative fails as Nebraska voters approve medical cannabis

By Joe Fisher

Florida residents wait in line to cast their ballot on Election Day in Delray Beach, Fla., on Tuesday. Photo by Gary I Rothstein/UPI | License Photo

Nov. 5 (UPI) -- Florida's effort to legalize adult-use marijuana failed to pass with a 60% super majority of votes needed. Meanwhile, Nebraska voters approved the state's plan for medical cannabis.

Voters in two other states will weigh in on the legalization of marijuana on Tuesday, as well.

Cannabis advocates had been hopeful that ballot measures in Florida, Nebraska, North Dakota and South Dakota could open the states up to manufacture and sell medical or recreational marijuana. Each ballot measure is the result of citizen-led petition drives.

Marijuana is legal to some degree in 38 states. Twenty-four states have legalized recreational marijuana.

On May 21, the Department of Justice changed its classification from a schedule I controlled substance to schedule III. Schedule III drugs are considered to be at a lesser risk of abuse than schedule I and II, and they can be prescribed over the phone.
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More than 80% of adults believe marijuana should be legal in at least some cases, with 57% responding that it should be legal for medical and recreational use, according to a survey by the Pew Research Center.

Florida Amendment Three fails

Florida's Amendment Three would have allowed adults 21 years old and older to purchase, possess and use marijuana products recreationally. The measure was praised by presidential candidate Donald Trump, but it was fought against relentlessly by the state's governor, Ron DeSantis, who used state money to finance a robust campaign of TV ads decrying the measure.

With more than 95% of the state's voting recorded, the measure attracted a strong yet futile 57.2% of the vote to 42.8 opposed, according to reporting by Marijuana MomentAxios and WFTS TV in Tampa.

It is already legal to purchase, possess and use marijuana for medical purposes.

The amendment would have allowed Medical Marijuana Treatment Centers and other vendors that have a license from the state to grow, acquire, manufacture and sell cannabis products and accessories related to the use of cannabis. An individual could possess up to 3 ounces or about 8.5 grams.

Constitutional amendments require a 60% majority to pass.

Nebraska medical program succeeds

Nebraska voters approved that state's two measures on the ballot related to the legalization of medical marijuana.

Both Initiative 437 and 438 were approved by voters, according to the New York TimesKCAU-TV and Marijuana Moment.

Initiative 437 will eliminate the penalties for possessing up to 5 ounces of cannabis for medical purposes. Initiative 438 will legalize possessing, manufacturing, distributing, delivering and dispensing cannabis for medical use. The measure passed 74% to 26%, according to news sources.

Initiative 438 also establishes a Nebraska Medical Cannabis Commission that will be responsible for regulating the medical marijuana industry in the state. That measure was approved by state voters by 70%, with 30% voting against.

Ballot measures require a simple majority to pass in Nebraska. At least 35% of voters who cast ballots must vote to approve the ballot measure, as well.

North Dakota Initiated Measure 5

A ballot measure attempting to legalize marijuana for recreational use is on the ballot in North Dakota for the third time in six years. Similar measures were voted down in 2018 and 2022.

Initiated Measure 5 will legalize the production, possession and use of recreational marijuana for adults 21 years old and older. A state entity will regulate recreational marijuana and the registration of adults, businesses and dispensaries.
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State lawmakers will have until Oct. 1, 2025 to establish regulations.

An individual will be allowed to possess an ounce of cannabis, four grams of concentrate and 1,500 milligrams of edibles.

Ballot initiatives require a simple majority to pass in North Dakota.

South Dakota Initiated Measure 29

Initiated Measure 29 in South Dakota seeks to legalize the possession, growing, use and distribution of marijuana recreationally for adults 21 years old and older.

Voters passed an amendment to the state constitution in 2020 that would have legalized recreational marijuana. Gov. Kristi Noem, a vocal opponent of legalization, challenged the measure in court after the fact and the state supreme court ruled in her favor. The court ruled that the ballot measure did not adhere to the state's single-subject requirement.

Medical marijuana is already legal in South Dakota, despite the efforts of Noem, who has sought to block medical protections.

Ballot measures require a simple majority of votes cast to pass in South Dakota.

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