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The Independent UK
The Independent UK
World
Geoff Mulvihill

The fight to overturn one of America’s strictest abortion bans is here

Idaho voters will decide this November whether to dramatically loosen one of the nation's strictest abortion bans, setting up another high-stakes showdown over reproductive rights just three years after the U.S. Supreme Court overturned Roe v. Wade.

Secretary of State Phil McGrane confirmed Monday that the citizen-led initiative had qualified for the Nov. 3 ballot, making Idaho the latest battleground in a string of statewide abortion votes.

If approved, the measure would replace Idaho's near-total abortion ban with a law allowing abortions until fetal viability, generally considered to be after 21 weeks of pregnancy, though not defined by a fixed number of weeks. It would largely restore abortion access to where it stood before the Supreme Court's 2022 Dobbs decision returned abortion policy to the states.

The vote puts Idaho alongside Virginia, Nevada and Missouri, where abortion will also be on statewide ballots this fall, extending a streak of closely watched referendums that have reshaped the national debate over abortion rights.

Idaho currently has one of the country's most restrictive abortion laws. It is one of just six states that ban abortion at all stages of pregnancy without an exception for the pregnant person's health. Abortions are permitted only to save the patient's life or in cases of rape or incest.

The state also became the first in the nation in 2023 to criminalize helping a minor obtain an abortion without parental consent, a law whose core provisions have largely survived court challenges.

Stephen Parlato of Boulder, Colo., holds a sign that reads
Stephen Parlato of Boulder, Colo., holds a sign that reads

The Idaho initiative was placed on the ballot by Idahoans United for Women and Families after a volunteer-led petition drive gathered enough signatures.

Anti-abortion groups immediately vowed to fight it.

David Ripley, CEO of Idaho Chooses Life, said the proposal would dismantle decades of anti-abortion laws.

"This is going to have a profound impact on Idaho and will basically invalidate virtually every pro-life law that the legislature has enacted over the last 30 to 40 years," he said.

President Donald Trump spoke of his pride that his Supreme Court choices led to the overturning of Roe V Wade during the 2024 campaign (AFP/Getty)
President Donald Trump spoke of his pride that his Supreme Court choices led to the overturning of Roe V Wade during the 2024 campaign (AFP/Getty)

Missouri, meanwhile, is once again at the center of the abortion fight.

After becoming the first state to ban nearly all abortions following the fall of Roe, Missouri voters last year became the first to reverse such a ban through a constitutional amendment. Now, voters are being asked to approve a new amendment that would reinstate broad abortion restrictions while allowing exceptions for medical emergencies, rape, incest and fetal anomalies. The proposal would also add a ban on certain gender-affirming care for minors to the state constitution.

Nevada and Virginia voters will consider constitutional amendments protecting abortion rights. Because both states already allow abortion through at least 24 weeks of pregnancy, the measures are unlikely to immediately change access but could drive turnout in two politically competitive states.

Nevada's proposal cleared its first statewide vote last year by nearly a 2-to-1 margin but must pass a second time before becoming part of the state constitution.

Since Roe was overturned, abortion rights supporters have won 14 statewide ballot measures and lost four, making direct votes one of the movement's strongest political tools.

Some abortion-rights groups, however, have opposed measures that continue to allow restrictions after fetal viability, arguing they fall short of the protections they support.

Melanie Folwell, executive director of Idahoans United for Women and Families, said national groups should be willing to back broader efforts to expand abortion access.

"I would encourage them to get out of their bubbles of activism and actually begin to engage with the public on where folks are at," she said.

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