In some states, the midterm elections are used as an opportunity to propose a series of referendums. In the 2022 midterms, Americans reporting to the polls in five states are going to find an abortion related issue on their ballot. This is the case in Montana, Vermont, Michigan, California and Kentucky.
Each of these five states proposing a referendum on abortion does so on a different issue. We have summarized the issues they raise.
Montana
Referendum 131 asks whether to maintain the current law that gives legal access to abortion up to the moment of viability of the fetus, following the repeal of the Roe vs. Wade. In this state the question is particularly tricky: it specifically asks what to do if a baby comes out in the course of an abortion (i.e.: whether it should receive health care). It is the so-called "Born Alive Infants Protection Act.”
Vermont
The so-called Proposition 5 asks whether the abortion law should become part of the state constitution. In Vermont, the idea is that by becoming part of the state constitution, abortion is shielded. This was announced shortly after the U.S. Supreme Court's ruling was announced.
Kentucky
This state is questioning whether it is necessary to revise the wording on abortion contained in the state constitution. This is not a mere formalism in the construction of the law, but rather the revision seeks the support of part of the population for abortion.
Michigan
Democrat Gretchen Whitmer has flagged this abortion proposal on the ballot in this state. She intends to include it in the state constitution in order to safeguard abortion in Michigan.
Abortion is a fundamental right.
- Gretchen Whitmer (@gretchenwhitmer) October 1, 2022
California
Democratic Governor Gavin Newsom has campaigned along the same lines. He has proposed to amend the state constitution to explicitly state the right to abortion. Newsom himself claims to be a strong supporter of abortion, so much so that just this week he enacted a series of 12 measures in his state.
Abortion is legal in California.
It will remain that way.
I just signed a bill that makes our state a safe haven for women across the nation.
We will not cooperate with any states that attempt to prosecute women or doctors for receiving or providing reproductive care.
- Gavin Newsom (@GavinNewsom) June 24, 2022
