A total of 43 states prohibit abortions beginning at specific stages of pregnancy. This includes 17 states that prohibit abortions beginning at the stage of fetal viability and 15 states that prohibit abortions beginning at 20 weeks post-fertilization. Seven states do not prohibit abortions in any form.
Two abortion-related ballot measures passed in 2018: Alabama Amendment 2 and West Virginia Amendment 1.
Alabama Amendment 2 amended the state constitution, declaring that the state’s policy is to support “the sanctity of unborn life and the rights of unborn children, including the right to life.” This amendment was cited in a February 2019 wrongful death lawsuit. A county probate judge ruled that an Alabama resident could file a lawsuit on behalf of an unborn fetus given that a fetus was defined by the Alabama Constitution as a person with legal rights.
West Virginia Amendment 1 amended the state constitution to declare that “nothing in this Constitution secures or protects a right to abortion or requires the funding of abortion.” This same language was also used in Alabama’s amendment.
Alabama Amendment 2 and West Virginia Amendment 1 were referred to the ballot by the state legislatures. Also in 2018, Oregon voters defeated a citizen initiative that would have prohibited public funds from being spent on abortions in Oregon, except when determined to be medically necessary or required by federal law.
The Alabama and West Virginia measures both followed language initially used in an approved 2014 measure: Tennessee Amendment 1. Two abortion-related measures with different proposed constitutional language were rejected in Colorado and North Dakota, respectively. The Colorado measure would have included unborn human beings under the definition of person and child in the Colorado criminal code. The North Dakota measure would have added language to the state constitution guaranteeing a right to life at every stage of human development.