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Washington 15-Week Abortion Ban Initiative (2023)
| Washington 15-Week Abortion Ban Initiative | |
|---|---|
 | |
| Election date November 7, 2023 | |
| Topic Abortion | |
| Status Not on the ballot | |
| Type State statute | Origin Citizens |
The Washington 15-Week Abortion Ban Initiative was not on the ballot in Washington as an Initiative to the Legislature, a type of indirect initiated state statute, on November 7, 2023.
This initiative would have prohibited abortions after 15 weeks and allowed abortion-related prosecution. Proponents filed two versions of the initiative.[1]
Text of measure
Ballot title
The ballot titles for initiative versions 1511 and 1523 would have been as follows:[1]
Initiative 1511:
| “ | Initiative Measure No. 1511 concerns abortion.
This measure would repeal the state law right to choose or refuse abortion, criminalize performing abortions from 15 weeks, except for medical emergency or severe fetal abnormality, and remove prohibitions on abortion-related prosecutions. Should this measure be enacted into law? Yes [ ] No [ ] [2] |
” |
Initiative 1523:
| “ | Initiative Measure No. 1523 concerns abortion.
This measure would repeal the state law right to choose or refuse abortion, criminalize performing abortions from 15 weeks, except for medical emergency or severe fetal abnormality, and remove an abortion-related prosecution prohibition. Should this measure be enacted into law? Yes [ ] No [ ] [2] |
” |
Ballot summary
The ballot summaries for initiative versions 1511 and 1523 would have been as follows:[1]
Initiative 1511:
| “ | This measure would prohibit healthcare providers from performing abortions on or after 15 weeks, except for medical emergency or severe fetal abnormality, criminalize the performance of such abortions, and require gestational age documentation prior to abortion. It would also repeal recent legislation prohibiting prosecution and other state adverse action against an individual based on their pregnancy outcomes, and against a person who assists someone in “exercising their right to reproductive freedom with their voluntary consent.” | ” |
Initiative 1523:
| “ | This measure would repeal the state law right to choose or refuse abortion, prohibit healthcare providers from performing abortions on or after 15 weeks, except for medical emergency or severe fetal abnormality, criminalize performance of such abortions, and require gestational age documentation prior to abortion. It would repeal recent legislation prohibiting prosecution and other state adverse action against those who assist a pregnant person in “exercising their right to reproductive freedom with their voluntary consent.” | ” |
Full text
Background
U.S. Supreme Court rulings on abortion
- See also: Abortion regulations by state
On June 24, 2022, the U.S. Supreme Court issued a ruling in the case Dobbs v. Jackson Women’s Health Organization. In a 5-4 decision, the court ruled that "The Constitution does not confer a right to abortion; Roe and Casey are overruled; and the authority to regulate abortion is returned to the people and their elected representatives.[3]
Beginning in 2019, some states passed laws related to abortion and abortion access that political commentators and elected officials said were in response to the possibility that the Supreme Court would revisit its rulings in Roe and Casey. Justice Brett Kavanaugh was confirmed to the court in October 2018, replacing Anthony Kennedy, one of the majority opinion authors in Casey.[4] Kavanaugh was among three justices President Donald Trump (R) appointed—along with Neil Gorsuch in 2017 and Amy Coney Barrett in 2020. Click here for more on media coverage and elected officials' statements on state legislation in 2019.
The U.S. Supreme Court heard three cases relating to abortion during its October 2021 term. Two cases heard in November (United States v. Texas and Whole Woman's Health v. Jackson) challenged the legality of Texas' abortion law S.B. 8, which used civil lawsuits by private citizens as an enforcement mechanism for the state's restrictions on abortion after a fetal heartbeat is detected. On December 10, the court ruled that the federal government did not have standing to sue to block the Texas law in federal court and that abortion providers could sue certain Texas officials in federal court to prevent them from enforcing provisions of S.B. 8 against abortion providers. The other case, heard in December (Dobbs v. Jackson Women’s Health Organization), directly challenged the court's precedent in Roe V. Wade and Planned Parenthood v. Casey. To read more about these three cases, click here.
Roe v. Wade, 1973
In 1973, the Supreme Court of the United States issued its ruling in Roe v. Wade, finding that state laws criminalizing abortion prior to fetal viability violated the Due Process Clause of the Fourteenth Amendment of the United States Constitution. The court held that states can regulate and/or prohibit abortions (except those to preserve the life or health of the mother) once a fetus reaches the point of viability. Roe v. Wade defined fetal viability as "the interim point at which the fetus becomes 'viable,' that is, potentially able to live outside the mother's womb, albeit with artificial aid." The high court further noted that "viability is usually placed at about seven months (28 weeks) but may occur earlier, even at 24 weeks."[5]
The ruling established a strict trimester framework to guide state abortion policies. States, according to this framework, were prohibited from banning or regulating abortion during the first trimester of pregnancy. During the second trimester, states were permitted to regulate abortion to protect the mother's health. During the third trimester, states were allowed to ban abortion, except in cases where an abortion is needed to preserve the life or health of the mother.[5]
Planned Parenthood v. Casey, 1992
In Planned Parenthood v. Casey of 1992, the Supreme Court reaffirmed the essential holding of Roe v. Wade but rejected the trimester framework established in the case. The court affirmed that states could not ban abortions before fetal viability. However, according to the court, neonatal care developments since Roe v. Wade meant fetal viability occurred somewhat earlier than the start of the third trimester of pregnancy.[6]
The ruling in Planned Parenthood v. Casey also provided for a standard of undue burden to determine whether a law created substantial obstacles for a woman seeking an abortion before fetal viability. Unlike in Roe v. Wade, the court permitted states to regulate abortion during the first trimester if the regulations did not create an undue burden.[6]
Abortion restrictions based on stage of pregnancy
As of the U.S. Supreme Court's June 2022 decision in Dobbs v. Jackson Women's Health Organization, 44 states restricted abortions after a certain point in pregnancy.[7] The remaining six states and Washington, D.C., did not. The map and table below give more details on laws that were in effect as of the Dobbs decision. Hover over the footnotes in the table for information on legislation pending legal challenges or otherwise not yet in effect.
Some of the terms that are used to describe states' thresholds for abortion restriction include the following:
- Fetal heartbeat: This threshold restricts abortions after a fetal heartbeat can be detected, which may begin six weeks after the last menstrual period.[8][9]
- Fetal viability: In Roe v. Wade, SCOTUS defined fetal viability. The Supreme Court further noted that "viability is usually placed at about seven months (28 weeks) but may occur earlier, even at 24 weeks."[10]
- Last menstrual period: This threshold marks the beginning of a pregnancy from the first day of a woman's last menstrual period.[11]
- Post-fertilization: Thresholds using post-fertilization mark the beginning of pregnancy at the time of conception, which can occur up to 24 hours following intercourse. A threshold of 20 weeks post-fertilization is equivalent to 22 weeks since last menstrual period.[12]
- Post-implantation: Thresholds using post-implantation mark the beginning of pregnancy at the date on which a fertilized egg adheres to the lining of the uterus, roughly five days after fertilization. A threshold of 24 weeks post-implantation is equivalent to 27 weeks since last menstrual period.[12]
| State abortion restrictions based on stage of pregnancy | ||
|---|---|---|
| State | Does the state restrict abortion after a specific point in pregnancy? | Threshold for restriction |
| Alabama | Yes | 20 weeks post-fertilization[13] |
| Alaska | No | N/A |
| Arizona | Yes* | Fetal viability* |
| Arkansas[14] | Yes | 18 weeks post-fertilization[15] |
| California | Yes | Fetal viability |
| Colorado | No | N/A |
| Connecticut | Yes | Fetal viability |
| Delaware | Yes | Fetal viability |
| Florida | Yes | 24 weeks since last menstrual period |
| Georgia | Yes | 20 weeks post-fertilization |
| Hawaii | Yes | Fetal viability |
| Idaho | Yes* | Fetal viability* |
| Illinois | Yes | Fetal viability |
| Indiana | Yes | 20 weeks post-fertilization |
| Iowa | Yes | 20 weeks post-fertilization |
| Kansas | Yes | 22 weeks since last menstrual period |
| Kentucky | Yes | 20 weeks post-fertilization |
| Louisiana[14] | Yes | 20 weeks post-fertilization[16] |
| Maine | Yes | Fetal viability |
| Maryland | Yes | Fetal viability |
| Massachusetts | Yes | 24 weeks post-implantation |
| Michigan | Yes | Fetal viability |
| Minnesota | Yes | Fetal viability |
| Mississippi[14] | Yes | 20 weeks since last menstrual period |
| Missouri | Yes | Fetal viability |
| Montana | Yes | Fetal viability |
| Nebraska | Yes | 20 weeks post-fertilization |
| Nevada | Yes | 24 weeks post-fertilization |
| New Hampshire | Yes | 24 weeks since last menstrual period |
| New Jersey | No | N/A |
| New Mexico | No | N/A |
| New York | Yes | Fetal viability |
| North Carolina | Yes | Fetal viability |
| North Dakota[14] | Yes | 20 weeks post-fertilization |
| Ohio | Yes | 20 weeks post-fertilization[17] |
| Oklahoma | Yes | 20 weeks post-fertilization |
| Oregon | No | N/A |
| Pennsylvania | Yes | 24 weeks since last menstrual period |
| Rhode Island | Yes | Fetal viability |
| South Carolina | Yes | 20 weeks post-fertilization |
| South Dakota[14] | Yes | 20 weeks post-fertilization |
| Tennessee | Yes | Fetal viability |
| Texas | Yes | Fetal heartbeat (Click here for information on ongoing legal challenges.) |
| Utah | Yes | Fetal viability |
| Vermont | No | N/A |
| Virginia | Yes | Third trimester since last menstrual period |
| Washington | Yes | Fetal viability |
| Washington, D.C. | No | N/A |
| West Virginia | Yes | 22 weeks since last menstrual period |
| Wisconsin | Yes | 20 weeks post-fertilization |
| Wyoming | Yes | Fetal viability |
| *Note: According to the Guttmacher Institute, court orders had prohibited an Arizona law banning abortions at 18 weeks post-fertilization and an Idaho law banning abortions at 20 weeks post-fertilization from being enforced. As of the U.S. Supreme Court decision in Dobbs v. Jackson, the laws were not in effect. Sources:Guttmacher Institute, "State Policies on Later Abortions," accessed May 13, 2022; National Right to Life, "State Legislative Center," accessed May 17, 2022 | ||
Path to the ballot
The state process
In Washington, the number of signatures required to qualify an indirectly initiated state statute—called an Initiative to the Legislature in Washington—for the ballot is equal to 8 percent of the votes cast for the office of governor at the last regular gubernatorial election. Initial filings for indirect initiatives cannot be made more than 10 months before the regular session at which their proposal would be presented to lawmakers. Signatures must be submitted at least 10 days prior to the beginning of the legislative session in the year of the targeted election.
The requirements to get an Initiative to the Legislature certified for the 2023 ballot:
- Signatures: 324,516 valid signatures
- Deadline: December 30, 2022
The secretary of state verifies the signatures using a random sample method. If the sample indicates that the measure has sufficient signatures, the measure is certified to appear before the legislature. If the legislature does not approve the measure, it is certified to appear on the ballot. However, if the sample indicates that the measure has insufficient signatures, every signature is checked. Under Washington law, a random sample result may not invalidate a petition.
Details about this initiative
- Jan Decker filed initiative 1511 on April 20, 2022. Ballot language was issued for it on May 18, 2022. Decker filed initiative 1523 on May 26, 2022. Ballot language was issued for it on June 9, 2022.[1]
- Signatures for the initiative were not submitted before the deadline.[1]
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 1.4 Washington Secretary of State, "Proposed Initiatives to the 2023 Legislature," accessed July 11, 2022
- ↑ 2.0 2.1 2.2 2.3 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Supreme Court of the United States, "Dobbs v. Jackson Women’s Health Organization," accessed June 24, 2022
- ↑ The New York Times, "‘The Time Is Now’: States Are Rushing to Restrict Abortion, or to Protect It," May 15, 2019
- ↑ 5.0 5.1 Cornell University Law School, "Roe v. Wade," accessed April 27, 2017
- ↑ 6.0 6.1 Cornell University Law School, "Planned Parenthood v. Casey," accessed April 27, 2017
- ↑ Note: Exceptions to these thresholds are generally provided when pregnancy threatens the mother's life or health.
- ↑ Kaiser Family Foundation, "States with Gestational Limits for Abortion," August 1, 2020
- ↑ Guttmacher Institute, "State Bans on Abortion Throughout Pregnancy," September 1, 2021
- ↑ Supreme Court of the United States, Roe v. Wade, January 22, 1973
- ↑ Cite error: Invalid
<ref>tag; no text was provided for refs namedkaiser - ↑ 12.0 12.1 Guttmacher Institute, "The Implications of Defining When a Woman Is Pregnant," May 9, 2005
- ↑ A law banning abortion except in the case of a serious health risk to the woman was scheduled to take effect on November 15, 2019. A federal judge stopped the law from going into effect on October 29, 2019.
- ↑ 14.0 14.1 14.2 14.3 14.4 Arkansas, Louisiana, Mississippi, North Dakota, and South Dakota have enacted laws establishing bans against abortions in most cases in the event that the Supreme Court of the United States overturns Roe v. Wade.
- ↑ Governing, "18-Week Abortion Ban Signed by Arkansas Governor," March 19, 2019
- ↑ A law banning abortion after a fetal heartbeat is detected was signed into law on May 30, 2019. It will not take effect unless a similar law in Mississippi is upheld.
- ↑ A law banning most abortions after doctors can detect a fetal heartbeat was scheduled to take effect on July 11, 2019. A federal judge blocked enforcement of the law pending legal challenges on July 3.
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