Is abortion legal in your state? After Dobbs, abortion access will be on the ballot in 2023 and 2024

More than one year after the Supreme Court overturned Roe v. Wade, the battle over abortion access is continuing in courthouses and on ballots in states across the country.

The Court's decision in Dobbs v. Jackson Women’s Health Organization overturned 50 years of precedent and eliminated constitutional protections for abortion, giving states the power to legislate abortion policies and restrictions.

Since the Court's decision last year, 14 states have banned most abortions while other states have had abortion bans blocked in courts. Over the same period, 20 other states have passed legislation to further protect access to abortions.

The Court's ruling, however, also made abortion a central issue for many Democratic and Independent voters. Some experts credit the Supreme Court's decision with helping Democrats perform better than expected in the 2022 midterm elections.

Demonstrators rally in support of abortion rights at the U.S. Supreme Court on April 15.
Demonstrators rally in support of abortion rights at the U.S. Supreme Court on April 15.

As the country gears up for its first presidential election since the court ended nationwide protections for abortion, here is a look at how it's set to impact the 2024 election:

Abortion on the ballot in 2023

Groups that support abortion access − and organizations seeking to restrict it − are ramping up efforts to get abortion on the ballot this year in Ohio, Pennsylvania and Washington state.

In Ohio, abortion-rights advocacy groups are hoping to put a measure on the ballot in November that could allow voters to establish a right to abortion in the state constitution.

Earlier this month, the groups said they collected enough signatures to put the measure on the state's ballot, but the initiative is facing pushback from those who are hoping to see it fail, according to Kellie Copeland, who serves as treasurer for Ohioans for Reproductive Freedom.

"We have collected hundreds of thousands of signatures to get a measure on the November 2023 ballot that would amend the Ohio Constitution to explicitly protect reproductive freedom for all," Copeland said.

Opponents of abortion in Ohio are seeking to use a special election on Aug. 8 to make it more difficult to amend the state Constitution. Only a simple majority is needed to pass ballot measures in Ohio, but some groups who are opposing the amendment want to raise the threshold of votes to 60%.

Copeland also pointed to the 2022 midterm elections, when measures on abortion were on the ballot in California, Michigan, Vermont, Kentucky and Montana. In all five states, voters supported maintaining access to abortion.

"We know we can win and protect reproductive freedom in Ohio because when reproductive freedoms are on the ballot, reproductive freedoms win," Copeland added. "This is not a partisan issue, it’s a fundamental right."

In Pennsylvania, however, there is a movement to get a measure on ballots to amend the state's constitution to say that it does not grant a right to abortion. A potential ballot measure in Washington would ask voters to require a parent or guardian to be notified if a minor seeks gender-related care or reproductive health treatment.

Abortion on the ballot in 2024

Abortion-related measures will also be on the ballot when voters go to the polls in November 2024.

Voters in New York and Maryland will vote on amendments to their state constitutions that could further strengthen access to abortion. The Equal Rights Amendment in New York would prevent the state from denying rights to people who choose to have an abortion. In Maryland, a constitutional amendment on the ballot would establish a right to abortion.

Maryland Gov. Wes Moore said in a statement earlier this year that voters could decide in 2024 whether to enshrine the right to abortion in the state's constitution.

"I’ve been very clear from the beginning that as long as I am the Governor of Maryland, our state will be a safe haven for abortion access," Moore said. "This constitutional amendment will make sure it remains that way, no matter who is in office."

Abortion will also be a major issue in all 50 states when Americans go to the polls to cast their votes in the 2024 presidential election. Many expect President Joe Biden to make abortion rights a key focus of his reelection campaign.

And among Republicans, former Vice President Mike Pence has championed increasing restrictions on abortions as he has sought to distance himself from his fellow Republican 2024 hopefuls as the most conservative in the crowded field. Other Republican candidates, like former South Carolina Gov. Nikki Haley and former Arkansas Gov. Asa Hutchinson have expressed support for a federal 15-week ban on abortion.

A recent USA TODAY/Suffolk University poll found that 1 in 4 Americans said state efforts to ban abortion have made them more supportive of abortion access.

While the poll found that Americans ranked abortion as their fifth most important issue going into the 2024 election − below inflation, immigration, threats to democracy and gun control − it will undoubtedly remain a significant debate as the 2024 campaign picks up steam.

States with restricted abortion access

Many states have enacted near-total bans on abortion since the Supreme Court's ruling last year. Other states have imposed strict gestational limits for abortion.

Here are the states where most abortions are banned:

◾ Alabama

◾ Arkansas

◾ Idaho

◾ Kentucky

◾ Louisiana

◾ Mississippi

◾ Missouri

◾ North Dakota

◾ Oklahoma

◾ South Dakota

◾ Tennessee

◾ Texas

◾ West Virginia

◾ Wisconsin

States that have strengthened protections for abortion

Other states have passed legislation to further strengthen legal protections for abortion.

Here is a list of states where abortion remains legal with increased protections:

◾ California

◾ Colorado

◾ Connecticut

◾ Delaware

◾ Hawaii

◾ Illinois

◾ Maine

◾ Maryland

◾ Massachusetts

◾ Michigan

◾ Minnesota

◾ Nevada

◾ New Jersey

◾ New Mexico

◾ New York

◾ Oregon

◾ Pennsylvania

◾ Rhode Island

◾ Vermont

◾ Washington

This article originally appeared on USA TODAY: Abortion is on the ballot in these states in 2023 and 2024 elections