Four states—California, Michigan, Ohio, and Vermont—have constitutions that explicitly provide for a right to an abortion. Most recently, Ohio voters approved Issue 1 on Nov. 7, 2023, which established a state constitutional right to “make and carry out one’s own reproductive decisions,” including decisions about abortion, contraception, fertility treatment, miscarriage care, and continuing pregnancy.
Following the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, which found there is no federal constitutional right to abortion and overruled Roe v. Wade, voters in three states—California, Michigan, and Vermont—approved ballot measures to include the right to an abortion in their state constitutions.
Twelve other states—Alaska, Arizona, Florida, Illinois, Kansas, Massachusetts, Minnesota, Montana, New Jersey, New Mexico, North Dakota, and Oklahoma—have had state supreme court decisions that have blocked abortion bans or certain restrictions based on the rights within their state constitutions. The rulings have cited either the right to privacy in state constitutions, interpretations of personal autonomy, violations of equal protection, or otherwise finding that the state constitution prevents the state from banning abortion to preserve life or health.
