The U.S. Supreme Court’s overturning of Roe v. Wade in 2022 marked a significant victory for the pro-life movement. It was seen as a turning point in the fight to protect the lives of preborn babies.
Many pro-life activists were elated by the prospect of redirecting their efforts toward the states, where they hoped to pass legislation safeguarding the rights of the unborn. However, a concerning trend has emerged: Pro-abortion activists are attempting to achieve at the state level what they failed to accomplish federally – enshrine the “right” to abortion in state constitutions.
The inception of these efforts can be traced to 2021, primarily in abortion-friendly states such as New York and Vermont. However, their scope has expanded, and traditionally pro-life states have found themselves under attack. Ohio, for instance, is one of the first states to witness this shift, with Issue 1 on the November ballot. It’s estimated that as many as six such state initiatives might arise in 2024.
The pro-abortion strategy revolves around amending state constitutions. By doing so, they can bypass state legislatures with pro-life majorities that would never support the complete removal of protections for women and unrestricted abortion access throughout all nine months of pregnancy.
Pro-abortion groups employ ballot initiatives to draft purposefully ambiguous language that misleads voters. They often hide behind euphemisms such as “reproductive freedom” to obscure the true ramifications of these amendments.
In Ohio, for example, the proposed constitutional amendment states:
“Every individual has a right to make and carry out one’s own reproductive decisions…”
The intentional use of the term “individual” ensures that the amendment applies to minors, potentially removing all laws requiring parental notification.
Furthermore, the amendment includes the following provision:
“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 patient’s treating physician it is necessary to protect the pregnant patient’s life or health.”
While it might appear that Ohio could pass a law prohibiting abortions after viability, the inclusion of the word “health” allows physicians to perform abortions for virtually any reason, even if it’s deemed necessary for the patient’s mental health.
Another significant issue with this strategy is that the process of reversing constitutional amendments is arduous and costly. In 2022, the campaigns for and against Michigan’s Proposal 3, the Right to Reproductive Freedom Initiative, spent more than $68 million.
Pro-abortion groups, having spent nearly $48 million, emerged victorious, while pro-life advocates spent more than $21 million. Campaigns of this magnitude cannot be sustained year after year, and pro-abortion groups are well aware of this fact.
They understand that passing one amendment could potentially prevent the state from imposing any restrictions on abortion for many years to come, rendering pro-life majority legislatures powerless to change the situation.
It’s crucial to recognize that constitutional amendments are an extreme method of changing laws within a state. Notably, many states do not permit citizen-initiated constitutional amendments. Out of the 50 states, only 18 allow citizens to gather signatures to place an amendment on the ballot.
Moreover, the requirements for passing such amendments vary, with some states requiring a simple majority (50% +1), and others demanding a supermajority (at least 60%). This explains why pro-abortion activists are targeting traditionally pro-life states such as Missouri, South Dakota and Ohio, believing they can secure a simple majority of voters to support their ambiguous amendments.
To effectively combat these attacks on the sanctity of life, it is imperative to fully comprehend the new battleground that has emerged post-Roe. The battleground has shifted to individual states, but it is equally essential to maintain a broader perspective and understand the impending threats.
Proponents of unrestricted abortion access are not content with ensuring only California and New York serve as sanctuaries for abortion; they aim to enshrine abortion as an inalienable “right” in the constitutions of every state.
Consequently, it becomes our collective responsibility to continue pushing back against the falsehoods that suggest women are incapable of being mothers. Whether you reside in a state that values life or one that promotes abortion, you are uniquely positioned to speak the truth and champion the cause of life. The battle may be shifting, but the commitment to protecting life remains unwavering.