All the Ways Abortion Rights Won This Election

Now that Donald Trump has won the 2024 presidential election, the future feels, to say the very least, uncertain—especially when it comes to abortion. It’s not yet clear what access to reproductive rights will look like under this new Trump administration, but abortion activists did celebrate several major victories on election night. Out of 10 states with abortion on the ballot, seven voted to protect or expand access to abortion care. These referendums and proposals were passed not just in blue states like New York and Maryland, but also in red states, like Arizona and Montana.

At a moment in time that can feel more like “a war on women,” as Billie Eilish wrote on Instagram, these victories mean everything. Below, what to know about the states that voted to protect abortion rights.

Arizona

The battleground state of Arizona chose to amend its state constitution to include protections for abortion care, establishing those protections as a “fundamental right.” The passage of Proposition 139, or the “Arizona Abortion Access Act,” makes clear that the government cannot restrict abortion before fetal viability (generally around 24 weeks). “A fundamental right to abortion is part of the Arizona Constitution once and for all,” Chris Love, a senior adviser to Planned Parenthood Advocates of Arizona, said in a statement to The Arizona Republic. “Next time the nation wonders how much government interference in reproductive health care is acceptable, or what type of arbitrary abortion ban is popular, they can look at Arizona and know the answer is, ‘None.’”

Colorado

On Election Day, Coloradans voted to enshrine abortion care to the state constitution. State law in Colorado already protects the right to an abortion, but this measure codifies existing protections and removes the current ban on public funding for abortions—meaning that abortion could be covered under Medicaid or other state government health insurance programs. “Coloradans turned out in droves to enshrine abortion rights in the state’s constitution, reaffirming their commitment to reproductive freedom,” Nancy Northup, president and CEO of the Center for Reproductive Rights, said in a statement. “Cheers to Colorado voters for also removing the prohibition on public funding for abortion care, since rights don’t mean much if you can’t afford to exercise them. Thanks to this amendment, state employees and people on low incomes may soon receive coverage for essential, potentially life-saving care.”

New York

An equal rights measure passed in New York, adding abortion rights into the state’s constitution. The amendment bans discrimination on the basis of “pregnancy outcomes, and reproductive health care and autonomy.” The word “abortion” isn’t used, but the ballot measure, called “Proposition 1,” is designed to protect abortion. “Abortion is health care, health care is a human right—and that right is finally enshrined in the New York State constitution,” Gov. Kathy Hochul wrote on X on Tuesday.

Missouri

Missourians voted to override a current ban on nearly all abortions through an amendment to the state constitution, guaranteeing a “fundamental right to reproductive freedom,” which encompasses both abortion and contraceptives.

In 2022, when the Supreme Court overruled Roe v. Wade, Missouri was the first state to ban abortion, even in instances of rape or incest, with the only exception being a medical emergency. Following Tuesday’s decision to enshrine abortion rights in the state constitution, president and CEO of the Center for Reproductive Rights, Nancy Northup, released a statement to ELLE: “This is an especially historic win for Missouri, one of a growing number of red, blue, and purple states—and the first with a total abortion ban—to approve a constitutional amendment protecting abortion. In fact, the amendment goes even further, calling for ‘a fundamental right to reproductive freedom, defined to include abortion and all matters relating to reproductive health care.’ By saying yes to this powerful language, voters have demanded the return of the essential human rights and freedoms they lost after Roe was overturned.”

The measure, which legalizes abortion up to fetal viability (or around 24 weeks) is set to take effect in 30 days, though multiple news outlets are reporting that it will likely be challenged in court.

Montana

In 1999, the Montana Supreme Court ruled that the constitutional right to privacy protects the right of a women to choose a pre-viability abortion. In order to prevent the court from potentially reversing that decision, Montanans approved an amendment on Tuesday enshrining the right to abortion in the state constitution. The newly passed amendment guarantees the right “to make and carry out decisions about one’s own pregnancy,” including access to abortion care. The decision was a major victory for reproductive rights activists in the red state.

“This is a historic moment for Montana. Our communities have made their voices heard loud and clear: We will stand up to protect our access to abortion and to secure our reproductive rights in the state constitution,” Martha Fuller, CEO of Planned Parenthood Advocates of Montana, said in a statement. “Planned Parenthood Advocates of Montana could not be more proud to have reached this moment with a diverse coalition of partners, over five hundred volunteers, personal storytellers and their families, and supporters from every corner of the state. We have stood strong knowing that life saving abortion care is deeply private and for only us and our families—not the government—to decide. This is a huge win but we know dangerous anti-abortion extremists will not give up their fight to attack our personal freedoms. We will always do everything we can to pave the way for the freedoms we all need and deserve. No matter what.”

Maryland

Abortion will be protected in Maryland’s state constitution. Voters chose to enshrine the right to reproductive care on Tuesday, approving a constitutional amendment making it difficult for future policymakers to ban abortion without violating state law. “This victory marks a powerful declaration for bodily autonomy and ensures that the essential freedoms to access abortion, contraception, and other reproductive health services are safeguarded in Maryland,” the group Freedom in Reproduction Maryland wrote in a Facebook statement.

Nevada

Nevadans have taken a necessary first step on the long road to codifying abortion care. Voters approved an abortion ballot measure amending the state constitution to include the right to abortion until fetal viability. A 1990 state law does protect abortion care up until 24 weeks of pregnancy, but this new amendment ensures that law is almost impossible to overturn. “Nevadans have spoken. We are officially one step closer to permanently protecting the right to abortion in the Nevada Constitution,” Lindsey Harmon, president of Nevadans for Reproductive Freedom, told The Nevada Current in a statement. “With these results, voters across party lines rejected misinformation and fear-mongering to send an unequivocal message: decisions about abortion should be made by women, their families, and their medical providers—not politicians.” The measure will need to pass again in 2026 to be fully approved.

Rose is the Senior Editor of Features & Special Projects at ELLE.com overseeing features and projects about women’s issues. She is an accomplished and compassionate storyteller and editor who excels in obtaining exclusive interviews and unearthing compelling features.