(The Conversation is an independent, nonprofit source of news, analysis and commentary from academic experts.)

Katherine Drabiak, University of South Florida

(THE CONVERSATION) The voters of 10 states decided on abortion measures on November 5, 2024, many of which sought to expand access to abortion or expressly recognize the right to abortion in the state constitution.

Seven of the measures passed passed, while three failed. Measures in Arizona, Colorado, New York, Maryland, Missouri, Montana and Nevada were approved by voters, while measures to expand access to abortion in Florida, Nebraska And South Dakota fell.

Nebraskans voted for two competing measures. The one that passed enshrines in the state constitution the current law that allows elective abortions up to 12 weeks. The failed measure would have extended elective abortions until fetal viability, or about 24 weeks.

Abortion in the United States

Since the Supreme Court decided Dobbs v. Jackson in 2022, ending the federal right to abortion, states have moved in several directions. Abortion laws in the United States have changed significantly over the past two years and vary considerably.

Some states still allow abortion, but only earlier in the pregnancy. Nebraska, for example, allows abortions before 12 weeks.

Some states have expanded or enshrined access to abortion in law. Colorado, eight other states and Washington, D.C., allow voluntary abortions up to birthwithout any restrictions on gestational age.

Other states, like Texassought to restrict abortions once a year pulsation is detected around six weeks.

All these variations can be confusing. And, as health law professorI know how important it is for people to understand the law so that pregnant women, or those who have miscarried, are not afraid to seek medical attention.

What abortion laws regulate

The most important thing to understand, in my opinion, is that the laws that regulate abortion apply to actions taken by health care providers to intentionally terminate a pregnancy.

Laws designed to limit abortion procedures are not intended to block access to care for women seeking treatment for miscarriage or ectopic pregnancy.

Abortion laws not penalize or criminalize women seeking an abortion; they regulate health care providers. This is true even in states with restrictive abortion laws, such as South Dakota, Indiana, Texas And Alabama.

Regulation of physician conduct is not new, nor is it unique to abortion laws. Very specific laws regulate the conduct of doctors with severe, even criminal, sanctions for possibly fraudulent billing, ignore federal privacy rules Or prescribing medications inappropriately.

Colorado enshrines the right to abortion

In Colorado, Proposed initiative 89passed with 62% of the vote. The initiative added language to the state constitution that expressly recognizes the “right to abortion.”

In 2022, the Colorado Legislature Codified Abortion Access without gestational age limit. The initiative adds this provision to the state constitution, making it permanent law, so the legislature cannot amend or modify it.

The initiative also hit the language in the Colorado Constitution which prohibited using taxpayer dollars to pay for abortions for women on Medicaid or state-sponsored insurance plans. Colorado already requires private insurance to cover the full cost of abortions.

The supporters of the initiative say allowing taxpayer funding of abortions will end the “discriminatory and harmful effects” of previous insurance restrictions.

About 38 states ban using taxpayer money for abortion, while some states allow taxpayer money to be used for abortions only in cases of rape, incest or when the woman’s life is in danger.

Florida votes to uphold abortion law

In Florida, Amendment 4which voters did not pass, proposed a state constitutional amendment to permanently extend access to abortion. This measure would have allowed women to obtain an abortion up to viability for any reason. It would also have permitted abortion after viability until birth “when necessary to protect the health of the patient.”

THE Supreme Court of the United States ruled in 1973 that “health” includes not only the physical health of a pregnant woman, but also extends to consideration of her age, emotional state or psychological well-being.

Since Amendment 4 did not pass in Florida, the law remains the same.

Florida only allows abortion up to six weeks of gestation. However, Florida law There are numerous exceptions, allowing abortions resulting from crimes such as rape, incest, domestic violence or human trafficking for up to 15 weeks.

Florida also allows abortion in the first two trimesters in cases where the fetus has a life-threatening abnormality. Finally, Florida has exceptions allowing abortion in cases of emergency or when continuing the pregnancy would pose a threat to the life or physical health of the woman.

Misconceptions about abortion laws

Several articles, including a series in ProPublicadescribed cases where pregnant women seeking emergency medical treatment suffered complications or died.

The death of any young woman is tragic. However, in my opinion, these cases reflect a misunderstanding of what the law allows, which could make doctors uncertain and slow to treat the patient. Some cases may also involve poor communication or potential medical mismanagement.

Unfortunately, incorrect or even missed diagnoses are common in emergency rooms, affecting 7.4 million people per year. One in 350 people who go undiagnosed suffer serious disability or die.

State laws that regulate abortion do not prevent doctors from intervening to provide women with necessary or life-saving medical care.

Florida law clearly states that if there is a conflict between trying to preserve the life of the woman or that of the fetus, the physician “must consider the preservation of the life and health of the woman as the priority.”

Florida And Georgia have provided guidance to doctors to clarify what the law allows when treating their patients.

All states – even those with restrictive abortion laws like Texas And Indiana – provide for exceptions authorizing abortion in the event of a medical emergency or when continuing the pregnancy would present a risk to the life or health of the woman. Furthermore, the Ministry of Justice said people have a constitutional right to travel to seek medical care or abortions in other states from willing providers.

Doctors who feel unsure can seek help from a lawyer or find information from their state health department for details.

This article is republished from The Conversation under a Creative Commons license. Read the original article here: https://theconversation.com/10-states-had-abortion-measures-on-the-ballot-where-they-passed-where-they-failed-and-what-it-all-means-243090.

Under Creative Commons license – attribution, no derivatives.