This Election Day, states are leading the fight for reproductive freedom

Since autumn roeAmericans have consistently spoken out in favor of reproductive freedom in the elections. Knowing this, ACLU advocates across the country have worked to ensure that people have a say in reproductive freedom. On Election Day, voters will decide on ten ballot initiatives designed to protect and improve access to abortion at the state level.

While 13 states currently have a total abortion ban in effect, Missouri was the first state to enforce its ban, taking action just minutes after the fall Roe. Together with local partners, the ACLU of Missouri has fought for years to ensure access to reproductive health care. Today, Missourians will vote on Amendment 3, which would enshrine the right to reproductive freedom in their state constitution.

In Arizona, lawmakers also aggressively restricted access to abortion for decades and then imposed a 15-week abortion ban roe was repealed and attempted to reinstate a complete ban on abortion from 1864. The ACLU of Arizona was one of the leading organizations supporting Proposition 139, the Arizona Abortion Access Act, which would enshrine a fundamental right to abortion in the state constitution.

Ahead of Election Day, we spoke with Tori Schafer, director of policy and campaigns at the ACLU of Missouri, about what Amendment 3 means for the future of reproductive health access in her state. We also spoke with Victoria López, program and strategy director for the ACLU of Arizona, about the impact of Proposition 139.

This conversation has been edited and condensed for clarity.

ACLU: Tell us about the history of reproductive rights in your state?

shepherd: In 2019, the state legislature passed one of the most restrictive abortion bans in the country, even though the majority of Missourians supported reproductive rights. Immediately, the ACLU of Missouri began organizing with partners to oppose passage of the law [at the ballot]. The Secretary of State stopped these efforts and after a lengthy legal battle we prevailed, but did not have enough time to collect the necessary signatures to begin the referendum process. Frustrated with constantly being on the defensive, we began exploring the idea of ​​bringing the full constitutional protections of reproductive freedom directly to people.

Lopez: Arizona has a long history of passing restrictive laws that prevent people from receiving the abortion care they need. The ACLU of Arizona has been regularly involved in litigation and advocacy to challenge abortion restrictions, including a fetal personhood law [and] 15 and 20 week suspensions.

When I started at the ACLU of Arizona, one of the first cases I learned about was a challenge to a policy that requires women in prison to pay for their own transportation to medical appointments for abortion care. This case was my first on-the-ground experience fighting to provide abortion access to all people in our state.

ACLU: How would ballot measures in your state help residents?

Shepherd: This ballot measure, entitled “The Right to Reproductive Freedom,” is a constitutional amendment that would end the state’s ban on abortion and give Missourians the right to make their own health care decisions – free from political interference. It also protects other forms of reproductive health care, including prenatal care, miscarriage care, and respectful birthing conditions.

Lopez: Proposition 139, the Arizona Abortion Access Act, is a people-driven initiative that enshrines a fundamental right to abortion in our state's constitution.

Prop 139 is based on the quintessentially Arizona idea that politicians should not interfere in private medical decisions. As a “fighting state” with an abortion initiative on our ballot, we also see the direct connection between defending democracy against extremist threats so that our communities can achieve the rights and dignity they deserve, including access to abortion.

ACLU: Getting measures on the ballot is often challenging. What was the fight like for this ballot measure?

Shepherd: After many discussions with reproductive health experts, community leaders and advocates, the committee filed the ballot measure in March 2023. However, the foreign minister refused to confirm the measure. It was the first time a secretary had attempted to undermine the process in this way. That's when we went to the Missouri Supreme Court for the first time – and won. After two additional lawsuits to block misleading voting summary questions and exaggerated claims about the measure's fiscal impact, the committee began collecting signatures in January 2024 and collected more than twice the required amount.

An incredible amount of work from volunteers and organizers across the state, a total of five legal challenges, and boundless hope led to voters having Amendment 3 on their ballot.

Lopez: Following the Dobbs Following the decision, Arizonans faced a complicated and changing situation surrounding their right to abortion. We quickly saw moves to restore a Civil War-era abortion ban that dates back to a time before Arizona was even a state that would have banned abortion in almost all cases.

We worked with partners to successfully lobby lawmakers and litigate to ensure that this ban would never go into effect. While the Arizona Supreme Court ultimately decided to reinstate the 1864 abortion ban, subsequent legislative advocacy resulted in the repeal of that law. Fortunately, this outdated law never came into force. However, lawmakers left in place a 15-week ban that has denied countless Arizona residents access to needed care. In response to these attacks on their rights, communities across the state took action and collected over 820,000 signatures, more than any other ballot measure in state history, to qualify for the ballot.

ACLU: How does your state fit into the nationwide fight for our rights?

Shepherd: Missouri became the first state to impose a complete ban on abortion thereafter Dobbs. If we pass Amendment 3, we will be the first state to repeal a complete ban on abortion [in effect]. I hope people see victories in states like mine and think, “If you can win in Missouri, we can win anywhere!” Ultimately, this vote is not about imposing your beliefs on others. It's about respecting the personal freedoms that we value here in Missouri – the freedom to make decisions for ourselves, our families and our future. We know that the vast majority of Americans agree with this principle.

Lopez: In this historic election, in which Arizona is a deciding factor, my daughter is voting for the first time. I am so proud to have been a part of this campaign and to have witnessed the nationwide support and success of this campaign from the start. We know this fight in Arizona is just part of a nationwide movement to ensure every person in every state has access to the care they need and deserve.

Paid for by American Civil Liberties Union, Inc. Anthony Romero, Executive Director, 125 Broad Street New York, NY 10004, and authorized by Missourians for Constitutional Freedom and in coordination with Arizona for Abortion Access.