Your feedback ensures we stay focused on the facts that matter to you most—take our survey.
Iowa No State Constitutional Right to Abortion Amendment (2024)
| Iowa No State Constitutional Right to Abortion Amendment | |
|---|---|
 | |
| Election date November 5, 2024 | |
| Topic Abortion | |
| Status Not on the ballot | |
| Type Constitutional amendment | Origin State legislature |
The Iowa No State Constitutional Right to Abortion Amendment was not on the ballot in Iowa as a legislatively referred constitutional amendment on November 5, 2024.[1]
Overview
What would this measure have changed about abortion in Iowa?
- See also: Text of measure
This measure would have added a section to the state constitution that says, "To defend and protect unborn children, we the people of the State of Iowa declare that this Constitution does not recognize, grant, or secure a right to abortion or require the public funding of abortion."[1]
On June 17, 2022, the Iowa Supreme Court reversed a decision the court made in 2018 that guaranteed the right to abortions under the state constitution.[2]
What was the recent history surrounding abortion measures on the ballot?
- See also: Background
On June 24, 2022, in a 5-4 vote, the Supreme Court of the United States found there is no federal constitutional right to abortion and overturned Roe v. Wade (1973) and Planned Parenthood v. Casey (1992). The Roe v. Wade decision held that state laws prohibiting abortion prior to fetal viability violated the Due Process Clause of the Fourteenth Amendment of the United States Constitution. In Planned Parenthood v. Casey, the Supreme Court reaffirmed the essential holding of Roe v. Wade but rejected the trimester framework established in the case. The high court affirmed that states could not ban abortions before fetal viability. The outcome of this case impacted the status of abortion regulations across the country, in some cases allowing abortion bans that were blocked to become effective.
Abortion has been a topic for statewide ballot measures since the 1970s. Between 2000 and 2022, there were just two general election cycles, 2002 and 2016, without abortion-related state ballot measures. In 2022, there were six ballot measures addressing abortion — the most on record for a single year. Before 2022, the highest number was four abortion-related measures in 1986.
Have similar amendments been decided on before?
This amendment would have concerned constitutional interpretation, a subtopic of abortion ballot measures that seek to establish that state constitutions cannot be interpreted to establish a state constitutional right to abortion. These types of amendments are designed to address previous and future state court rulings on abortion that have prevented or could prevent legislatures from passing certain abortion laws. Campaigns that support these measures often describe themselves as pro-life.
Since 1986, eight such measures have been on the ballot. The measures were approved in Louisiana (2020), Alabama (2019), West Virginia (2018), and Tennessee (2014). The measures were defeated in Massachusetts (1986), Florida (2012), Kentucky (2022), and Kansas (2022).
Text of measure
Constitutional changes
- See also: Article I, Iowa Constitution
The measure would have added section 26 to Article I of the state constitution. The following underlined text would have been added:[1]
Sec. 26. To defend and protect unborn children, we the people of the State of Iowa declare that this Constitution does not recognize, grant, or secure a right to abortion or require the public funding of abortion.[3]
Polls
| Iowa No State Constitutional Right to Abortion Amendment Amendment (2024) | |||||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Poll | Favor | Oppose | Not sure | Margin of error | Sample size | ||||||||||||||
| Des Moines Register/Mediacom Iowa Poll 3/7/2021-3/10/2021 | 31% | 58% | 11% | +/-3.5 | 775 | ||||||||||||||
| Note: The polls above may not reflect all polls that have been conducted in this race. Those displayed are a random sampling chosen by Ballotpedia staff. If you would like to nominate another poll for inclusion in the table, send an email to editor@ballotpedia.org. | |||||||||||||||||||
Background
U.S. Supreme Court rulings on abortion
Dobbs v. Jackson Women’s Health Organization (2022)
On June 24, 2022, in a 5-4 vote, the Supreme Court of the United States found there is no constitutional right to abortion and overruled Roe v. Wade (1973) and Planned Parenthood v. Casey (1992). In a 6-3 ruling, the court upheld Mississippi's abortion law at issue in the case. Roe v. Wade found that state laws criminalizing abortion prior to fetal viability violated the Due Process Clause of the Fourteenth Amendment of the United States Constitution. In Planned Parenthood v. Casey, the Supreme Court reaffirmed the essential holding of Roe v. Wade but rejected the trimester framework established in the case. The high court affirmed that states could not ban abortions before fetal viability.
In 2018, Jackson Women’s Health Organization, a clinic and abortion facility in Mississippi, challenged the constitutionality of the "Gestational Age Act" in federal court. The newly-enacted law prohibited abortions after the fifteenth week of pregnancy except in cases of medical emergencies or fetal abnormalities. The U.S. district court granted summary judgment in favor of the plaintiffs, holding that the law was unconstitutional, and put a permanent stop to the law's enforcement. On appeal, the 5th Circuit affirmed the district court's ruling. Click here to learn more about the case's background.[4]
History of abortion on the ballot
- See also: History of abortion ballot measures
Since the 1970s, abortion-related policies have been a topic for statewide ballot measures across the U.S.
From 1970 to 2024, there were 65 abortion-related ballot measures, and 44 (68%) of these had the support of organizations that described themselves as pro-life. Voters approved 12 (27%) and rejected 32 (73%) of these 44 ballot measures. The other 21 abortion-related ballot measures had the support of organizations that described themselves as pro-choice or pro-reproductive rights. Voters approved 15 (71%) and rejected six (29%).
Before Roe v. Wade in 1973, three abortion-related measures were on the ballot in Michigan, North Dakota, and Washington, and each was designed to allow abortion in its respective state.
Constitutional interpretation abortion measures
The topic constitutional interpretation addresses ballot measures designed to provide that state constitutions cannot be interpreted to establish a state constitutional right to abortion. These types of amendments are designed to address previous and future state court rulings on abortion that have prevented or could prevent legislatures from passing certain abortion laws. Campaigns that support these measures often describe themselves as pro-life.
| State | Year | Measure | Yes | No | Outcome |
|---|---|---|---|---|---|
| Kansas | 2022 | No State Constitutional Right to Abortion and Legislative Power to Regulate Abortion Amendment | 41.03% | 58.97% |  |
| Kentucky | 2022 | No State Constitutional Right to Abortion Amendment | 47.65% | 52.35% | |
| Louisiana | 2020 | Amendment 1: No Right to Abortion in Constitution Amendment | 62.06% | 37.94% |  |
| Alabama | 2018 | Amendment 2: State Abortion Policy Amendment | 59.01% | 40.99% | |
| West Virginia | 2018 | Amendment 1: No Right to Abortion in Constitution Measure | 51.73% | 48.27% | |
| Tennessee | 2014 | Amendment 1: No State Constitutional Right to Abortion and Legislative Power to Regulate Abortion Amendment | 52.60% | 47.40% | |
| Florida | 2012 | Amendment 6: State Constitution Interpretation and Prohibit Public Funds for Abortions Amendment | 44.90% | 55.10% | |
| Massachusetts | 1986 | Question 1: No State Constitutional Right to Abortion and Legislative Power to Regulate Abortion Amendment | 41.83% | 58.17% | |
Abortion restrictions based on stage of pregnancy
As of March 3, 2023, 44 states restricted abortions after a certain point in pregnancy.[5] The remaining six states and Washington, D.C., did not. Of the 44 states with established thresholds for restrictions on abortion:
- Twelve states restrict abortion after conception
- One state restricts abortion at six weeks post-fertilization
- One state restricts abortion at 15 weeks post-fertilization
- One state restricts abortion at 18 weeks since the last menstrual period
- Nine states restrict abortion at 20 weeks post-fertilization or 22 weeks after the last menstrual period
- Four states restrict abortion at 24 weeks since the last menstrual period
- Fifteen states restrict abortion at fetal viability
- One state restricts abortion in the third trimester
Click here to read more about abortion restrictions by state.
Path to the ballot
- See also: Amending the Iowa Constitution
To put a legislatively referred constitutional amendment before voters, a simple majority vote is required in both the Iowa State Senate and the Iowa House of Representatives in two successive legislative sessions.
2023-2024 session
The amendment needed be passed again during the 2023-2024 state legislative session to appear on the 2024 ballot. The legislature did not pass the amendment during the 2023-24 legislative session.
2021-2022 session
The constitutional amendment was introduced as House Joint Resolution 5 in the 2021-2022 legislative session. After multiple amendments to HJR 5 in both chambers, the House approved HJR 5 in a vote of 54-38, with eight not voting. On May 19, 2021, the Senate approved the amendment in a vote 30-18, with two not voting.[1]
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 Iowa State Legislature, "House Joint Resolution 5," accessed May 19, 2021
- ↑ Frederick News Post, "Iowa Supreme Court: Abortion not fundamental right in state," accessed June 22, 2022
- ↑ Note: This text is quoted verbatim from the original source.
- ↑ SCOTUSblog, "Court to weigh in on Mississippi abortion ban intended to challenge Roe v. Wade," May 17, 2021
- ↑ Note: Exceptions to these thresholds are generally provided when pregnancy threatens the mother's life or health.
 |
State of Iowa Des Moines (capital) |
|---|---|
| Elections |
What's on my ballot? | Elections in 2025 | How to vote | How to run for office | Ballot measures |
| Government |
Who represents me? | U.S. President | U.S. Congress | Federal courts | State executives | State legislature | State and local courts | Counties | Cities | School districts | Public policy |
