WASHINGTON >> Florida voters Tuesday rejected creating a constitutional right to abortion, a political win for Republican Gov. Ron DeSantis that will keep in place the state’s ban on most abortions after the first six weeks of pregnancy.
It’s the first ballot measure victory for abortion opponents in any state since the U.S. Supreme Court overturned Roe v. Wade in 2022, a decision that ended the nationwide right to abortion and opened the door to bans in most GOP-controlled states, protections in Democrat-dominated ones and new political and legal battles across the country.
Meanwhile, Maryland was the first state Tuesday to adopt an abortion rights amendment, a legal change that won’t make an immediate difference to abortion access in a state that already allows it.
A New York equal rights law that abortion rights group say will bolster abortion rights also passed. It doesn’t contain the word “abortion” but rather bans discrimination on the basis of “pregnancy outcomes, and reproductive healthcare and autonomy.”
The Florida measure failed to clear the required 60% voter approval threshold to pass constitutional amendments in Florida. Most states require a simple majority.
Marjorie Dannenfelser, president of SBA Pro-Life America, praised DeSantis and said in a statement that the result is “a momentous victory for life in Florida and for our entire country.”
DeSantis, a Republican with a national profile, has steered state GOP funds to the cause. His administration has weighed in, too, with a campaign against the measure, investigators questioning people who signed petitions to add it to the ballot and threats to TV stations that aired one commercial supporting it.
The defeat makes permanent a shift in the Southern abortion landscape that began when the state’s six-week ban took effect in May. That removed Florida as a destination for abortion for many women from nearby states with deeper bans and also led to far more women from the state traveling to obtain abortion. The nearest states with looser restrictions are North Carolina and Virginia — hundreds of miles away.
Florida is one of nine states with abortion ballot questions in Tuesday’s election.
Until Tuesday, abortion rights advocates had prevailed on all seven measures that have appeared on statewide ballots since the fall of Roe.
The abortion rights campaigns have a big fundraising advantage this year. Their opponents’ efforts are focused on portraying the amendments as too extreme rather than abortion as immoral.
Currently, 13 states are enforcing bans at all stages of pregnancy, with some exceptions. Four more bar abortion in most cases after about six weeks of pregnancy — before women often realize they’re pregnant. Despite the bans, the number of monthly abortions in the U.S. has risen slightly, because of the growing use of abortion pills and organized efforts to help women travel for abortion. Still, advocates say the bans have reduced access, especially for lower-income and minority residents of the states with bans.