Alabama Amendment 2, State Abortion Policy Amendment (2018)
- General election: Nov. 6
- Voter registration deadline: Oct. 22
- Early voting: N/A
- Absentee voting deadline: Postmark Nov. 5
- Online registration: Yes
- Same-day registration: No
- Voter ID: Photo ID required
- Poll times: 7:00 a.m. to 7:00 p.m.
| Alabama Amendment 2 | |
|---|---|
 | |
| Election date November 6, 2018 | |
| Topic Abortion | |
Status Approved | |
| Type Constitutional amendment | Origin State legislature |
The Alabama State Abortion Policy Amendment, Amendment 2, was on the ballot in Alabama as a legislatively referred constitutional amendment on November 6, 2018. It was approved.
| A "yes" vote supported this amendment to make it state policy to "recognize and support the sanctity of unborn life and the rights of unborn children, including the right to life" and to state that no provisions of the constitution provide a right to an abortion or require funding of abortions. |
| A "no" vote opposed this amendment to make it state policy to "recognize and support the sanctity of unborn life and the rights of unborn children, including the right to life" and to state that no provisions of the constitution provide a right to an abortion or require funding of abortions. |
Aftermath
2019 House Bill 314 signed into law
On May 15, 2019, Alabama Gov. Kay Ivey (R) signed a bill into law prohibiting all abortions in the state except those necessary to prevent a serious health risk to the woman. It also made an exception for any "act to terminate the pregnancy of a woman when the unborn child has a lethal anomaly." House Bill 314, called the Human Life Protection Act, reclassifies performing an abortion as a felony punishable with up to 99 years in prison for doctors performing it.[1]
"Today, I signed into law the Alabama Human Life Protection Act, a bill that was approved by overwhelming majorities in both chambers of the Legislature," Ivey said in a statement. "To the bill's many supporters, this legislation stands as a powerful testament to Alabamians' deeply held belief that every life is precious and that every life is a sacred gift from God."[2]
"We vowed to fight this dangerous abortion ban every step of the way and we meant what we said," Staci Fox, president and chief executive officer of Planned Parenthood Southeast, told CBS News. "We haven't lost a case in Alabama yet and we don't plan to start now."[1]
Frozen embryo wrongful death lawsuit (2024 ruling)
On February 16, 2024, the Alabama Supreme Court ruled that embryos are children under state law and that wrongful death lawsuits could be pursued following their destruction. In 2021, three couples filed a lawsuit against the Center for Reproductive Medicine and the Mobile Infirmary Medical Center after their frozen embryos were dropped by a patient. The couples alleged that they could sue for wrongful death under the Wrongful Death of a Minor Act because the embryos were children. The medical centers argued that the act does not cover embryos outside of the womb. The Mobile County Circuit Court dismissed the case in 2022 after ruling that a frozen embryo did not count as a minor child under state law. In its 2024 ruling, State Supreme Court Justice Jay Mitchell wrote, "[T]he Wrongful Death of a Minor Act is sweeping and unqualified. It applies to all children, born and unborn, without limitation. It is not the role of this Court to craft a new limitation based on our own view of what is or is not wise public policy. That is especially true where, as here, the People of this State have adopted a Constitutional amendment directly aimed at stopping courts from excluding ‘unborn life’ from legal protection.”[3]
Abortion wrongful death lawsuit (2020 ruling)
On February 6, 2019, Ryan Magers, an Alabama resident, filed a wrongful death lawsuit against the Alabama Women's Center for Reproductive Alternatives, its employees, and a pharmaceutical company over an abortion received by Magers' girlfriend in February 2017. The lawsuit states the plaintiff as "Ryan Magers individually and on behalf of his deceased child, Baby Roe." The lawsuit argues that the "under Alabama law, an unborn child is a legal person" and makes the argument based, in part, on the provision of the state constitution added by Amendment 2. On March 5, 2019, Madison County Probate Judge Frank Barger decided that Baby Roe was a person with legal rights and allowed the lawsuit to go forward with Magers' representing Baby Roe's estate.[4][5][6]
In 2020, the Alabama Supreme Court upheld a lower court's decision to dismiss the case.[7]
Election results
|
Alabama Amendment 2 |
||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
|
|
916,061 | 59.01% | ||
| No | 636,438 | 40.99% | ||
Overview
What did the amendment do?
Amendment 2 amended the state constitution in order to do the following:[8]
- (a) declare that the state's policy is to recognize and support "the sanctity of unborn life and the rights of unborn children, including the right to life,"
- (b) "ensure the protection of the rights of the unborn child in all manners and measures lawful and appropriate," and
- (c) state that "nothing in this Constitution secures or protects a right to abortion or requires the funding of an abortion."
The Roe v. Wade Supreme Court ruling prohibited states from banning abortion prior to fetal viability—which was defined as potentially able to live outside the mother's womb. Rep. Matt Fridy (R-72), who sponsored this amendment in the legislature, said that its purpose was to ensure that nothing in the state constitution could be used to argue for a right to abortion in the event that Roe v. Wade was overturned.[9]
Status of abortions in Alabama
Although Roe V. Wade prohibited banning abortion prior to fetal viability, the Supreme Court held that states can regulate and/or prohibit abortions (except to preserve the mother's life or health) once a fetus reaches the point of viability. 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 high 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.[10] As of 2018, Alabama was one of 43 states that restrict abortion beginning at a certain stage of pregnancy. Alabama restricted abortions starting 20 weeks after fertilization.
Amendment 2 support and opposition
Ballotpedia identified one committee registered to support Amendment 2: Alliance for a Pro-Life Alabama. The committee had raised $7,993 and had spent it all. The top donor was Briarwood Presbyterian Church, who gave $2,500.
Ballotpedia identified two committees registered to oppose Amendment 2: Alabama for Healthy Families and Alabama Students Voting No on Amendment 2. Together, the committees had raised $1.56 million and had spent $1.51 million. The top donor to the support committees was Planned, which gave $1.39 in cash and in-kind contributions.
2018 ballot measures surrounding abortion
In 2018, two other measures seeking to prohibit state funding of abortion were certified to appear on state ballots: West Virginia Amendment 1, the No Right to Abortion in Constitution Measure, and Oregon Measure 106, which would ban public funding of abortions. The Alabama and West Virginia measures were legislatively referred constitutional amendments, while the Oregon measure was a citizen-initiated measure. Along with the Alabama amendment, the West Virginia amendment was approved. The Oregon initiative was defeated.
Text of measure
Ballot title
The ballot title was as follows:[8]
| “ | Proposing an amendment to the Constitution of Alabama of 1901, as amended; to declare and otherwise affirm that it is the public policy of this state to recognize and support the sanctity of unborn life and the rights of unborn children, most importantly the right to life in all manners and measures appropriate and lawful; and to provide that the constitution of this state does not protect the right to abortion or require the funding of abortion.[11] | ” |
Ballot summary
The plain language summary provided by the state's Fair Ballot Commission was as follows:[12]
|
Constitutional changes
- See also: Alabama Constitution
Amendment 2 added a new amendment to the Alabama Constitution. The following text was added:[8]
|
(a) This state acknowledges, declares, and affirms that it is the public policy of this state to recognize and support the sanctity of unborn life and the rights of unborn children, including the right to life. (b) This state further acknowledges, declares, and affirms that it is the public policy of this state to ensure the protection of the rights of the unborn child in all manners and measures lawful and appropriate. (c) Nothing in this constitution secures or protects a right to abortion or requires the funding of an abortion.[11] |
Readability score
- See also: Ballot measure readability scores, 2018
| Using the Flesch-Kincaid Grade Level (FKGL and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state legislature wrote the ballot language for this measure.
In 2018, for the 167 statewide measures on the ballot, the average ballot title or question was written at a level appropriate for those with between 19 and 20 years of U.S. formal education (graduate school-level of education), according to the FKGL formula. Read Ballotpedia's entire 2018 ballot language readability report here. |
Support
Alliance for a Pro-Life Alabama led the campaign in support of Amendment 2.
Supporters
Officials
- Speaker of the House Mac McCutcheon (R–Monrovia)[13]
- State Sen. Steve Livingston (R–Scottsboro)[13]
- State Rep. and Republican nominee for lieutenant governor Will Ainsworth (R-Guntersville)[13]
- Alabama Governor Kay Ivey[14]
Organizations
- Alabama Citizens’ Action Program (ALCAP)[13]
- Alabama Policy Institute[13]
- Alabama Pro-Life Coalition[13]
- Alabama Pro-Life Education Fund[13]
- Choose Life, Inc.[13]
- Cameron’s Choice[13]
- Eagle Forum[13]
- Southeast Law Institute[13]
Sponsors and supporters in the legislature
Rep. Matt Fridy (R-72) sponsored the bill in the state House and Sen. Phil Williams (R-10) moved for passage in the state Senate.[15]
Amendment 2 was approved by all voting Republicans and three voting Democrats in the legislature.[15][16]
Arguments
- Chair of the Alliance for a Pro-Life Alabama, Cole Wagner, said, "Passage of Amendment Two on the statewide ballot will allow Alabama to begin protecting unborn life as soon as Roe v. Wade is overturned by the U.S. Supreme Court. The Alliance for a Pro-Life Alabama is tasked with educating voters about the constitutional amendment and providing them with accurate and truthful information while, at the same time, refuting falsehoods and misinformation that may be disseminated by pro-abortion forces within the state."[13]
- Rep. Matt Fridy (R-72), the amendment's legislative sponsor, said, "We want to make sure that at a state level, if Roe v. Wade is overturned, that the Alabama Constitution cannot be used as a mechanism by which to claim that there is a right to abortion."[9]
- Sen. Phil Williams (R-10) said, "We need to have something in place that in the event Roe goes away that the vacuum is filled by state law that we have already approved."[17]
Opposition
Alabama for Healthy Families led the campaign in opposition to Amendment 2.[18]
Opponents
Organizations
Officials
- Tuscaloosa Mayor and Democratic candidate for Governor of Alabama Walt Maddox[20]
The following legislators voted against putting this amendment on the ballot:[15]
- Rep. Marcel Black (D-3)
- Rep. Laura Hall (D-19)
- Rep. Barbara Boyd (D-32)
- Rep. John Rogers, Jr. (D-52)
- Rep. Rod Scott (D-55)
- Rep. Louise Alexander (D-56)
- Rep. Rolanda Hollis (D-58)
- Rep. Mary Moore (D-59)
- Rep. Juandalynn Givan (D-60)
- Rep. Thomas E. Jackson (D-68)
- Rep. Kelvin Lawrence (D-69)
- Rep. Christopher J. England (D-70)
- Rep. Ralph Howard (D-72)
- Rep. Thad McClammy (D-76)
- Rep. John Knight (D-77)
- Rep. Pebblin Warren (D-82)
- Rep. George Bandy (D-83)
- Rep. Berry Forte (D-84)
- Rep. Dexter Grimsley (D-85)
- Rep. Adline Clarke (D-97)
- Rep. Napoleon Bracy Jr. (D-98)
- Rep. James Buskey (D-99)
- Rep. Barbara Drummond (D-103)
Arguments
- Katie Glenn, Alabama director of Planned Parenthood Southeast, said, "This constitutional amendment paves the way to ban all abortion in the state of Alabama — even in cases where a woman was a victim of rape or incest, or if the woman's life is at risk. With so many other problems facing the state of Alabama, this amendment is just the wrong priority. Our lawmakers should be focusing on improving education and health care in this state — not further restricting our rights.”[21]
- Nikema Williams, vice president of Planned Parenthood Southeast, stated, "I don't think it can be overlooked that this is again playing politics with women's health to drive turnout in 2018."[9]
- John Archibald, a columnist for Reckon by AL.com, wrote, "There’s no consideration for rape or incest or embryos preserved in a lab. If life begins at conception – as this amendment implies – must those be preserved forever? And if the state uses all means and measures to ensure the life of the unborn, will women who suffer miscarriages be prosecuted at the whims of those who think she should have done something differently? And as long as we’re talking life, what does standing for its sanctity mean for all those sitting on death row? It clearly wasn’t intended to preserve those lives, but it doesn’t say that. This thing has unintended consequences written all over it. You can support life and still vote no."[22]
Campaign finance
| Total campaign contributions: | |
| Support: | $7,993.00 |
| Opposition: | $1,564,749.97 |
Ballotpedia identified one committee registered to support Amendment 2: Alliance for a Pro-Life Alabama. The committee had raised $7,993 and had spent it all. The top donor was Briarwood Presbyterian Church, who gave $2,500.
Ballotpedia identified two committees registered to oppose Amendment 2: Alabama for Healthy Families and Alabama Students Voting No on Amendment 2. Together, the committees had raised $1.56 million and had spent $1.51 million. The top donor to the support committees was Planned, which gave $1.39 in cash and in-kind contributions.
Support
|
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Top donors
Donors that had contributed more than $1,000 to the support campaign are listed below:
| Donor | Cash | In-kind | Total |
|---|---|---|---|
| Jubilee Ministries | $1,510.00 | $0.00 | $1,510.00 |
| Alabama Pro Life Coalition INC | $1,500.00 | $0.00 | $1,500.00 |
| Briarwood Presbytarian Church | $2,500.00 | $0.00 | $2,500.00 |
Opposition
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Top donors
The top five donors to the support committees are listed below:
| Donor | Cash | In-kind | Total |
|---|---|---|---|
| Planned Parenthood organizations | $1,342,100.00 | $44,996.57 | $1,387,096.57 |
| Feminist Majority Foundation | $22,000.00 | $14,701.07 | $36,701.07 |
| URGE: Unite for Reproductive & Gender Equity | $0.00 | $28,405.03 | $28,405.03 |
| ACLU of Alabama | $0.00 | $1,058.80 | $1,058.80 |
| ACLU | $0.00 | $303.00 | $303.00 |
Media editorials
- See also: 2018 ballot measure media endorsements
Support
Ballotpedia did not identify any media editorials in support of Amendment 2. If you are aware of one, please send an email with a link to editor@ballotpedia.org.
Opposition
- The Anniston Star wrote: "The reprehensible attempt to steal a woman’s right to make decisions about her body is behind this amendment that would make it state policy to recognize the sanctity of life and declare that the state Constitution does not guarantee a right to an abortion or require funding for abortions. Should the amendment pass, the legal challenges against it (and legal expenses for the state) will be severe."[23]
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.[24]
State abortion policy without Roe
Roe v. Wade legalized abortion nationwide, though it allowed states to regulate and/or prohibit abortions (except those to preserve the life or health of the mother) once a fetus reaches the point of viability. If Roe were to be overturned, it would be up to the states to decide their policy on the matter entirely, regardless of fetal viability.
As of July 2018, ten states had laws allowing access to abortion. Four states had laws that would automatically ban most abortions if Roe were overturned: Louisiana, Mississippi, North Dakota, and South Dakota. Seven states had laws expressing intent to restrict abortion access to the fullest extent possible in the absence of Roe. Nine states have laws restricting abortion that have been in place before Roe: Alabama, Arizona, Arkansas, Michigan, Mississippi, New Mexico, Oklahoma, West Virginia, and Wisconsin.[25]
2018 Supreme Court vacancy and the issue of abortion
Shortly before the November election, on July 9, 2018, President Donald Trump nominated Brett Kavanaugh to succeed Associate Justice Anthony Kennedy on the U.S. Supreme Court. The Senate voted 50-48-1 to confirm Brett Kavanaugh on October 6, 2018. According to the Segal-Cover score, which grades Supreme Court justices on a liberal-conservative scale, Kennedy was the middle with four justices as more conservative and four as more liberal.
The topic of abortion access and the future of Roe v. Wade was a widely discussed issue surrounding Kavanaugh's nomination and confirmation.
Planned Parenthood's executive vice president wrote, "There’s no way to sugarcoat it: with this nomination, the constitutional right to access safe, legal abortion in this country is on the line. We already know how Brett Kavanaugh would rule on Roe v. Wade, because the president told us so."[26]
Kavanaugh said that Roe v. Wade “is an important precedent to the Supreme Court. It’s been reaffirmed many times. It was reaffirmed in Planned Parenthood v. Casey in 1992 when the court specifically considered whether to reaffirm it or whether to overturn it. ...That makes Casey precedent on precedent.”[27]
Sen. Susan Collins (R-Maine) said, "I do not believe he’s going to repeal Roe v. Wade."[28]
During the third presidential debate of 2016, Chris Wallace of Fox News asked Donald Trump if he wanted to see the Supreme Court overturn Roe v. Wade, to which Trump responded, "Well, if we put another two or perhaps three justices on, that's really what’s going to be — that will happen and that will happen automatically in my opinion because I am putting pro-life justices on the court."[29]
State funding of abortion under Medicaid
The Hyde Amendment of 1977 prohibits the use of federal funds for abortion except in cases of rape, incest, or life endangerment. A total of 32 states and Washington, D.C. follow this model. Fifteen states have policies allowing for the use of state Medicaid funds for most or all abortions deemed medically necessary by a medical professional. Nine of the 15 states do so only when directed by court order while six states, Hawaii, Illinois, Maryland, New York, Oregon, and Washington, do so voluntarily. South Dakota only allows for the use of Medicaid funds for abortion when the mother's life is in danger and does not have exceptions for cases of rape or incest. In Iowa, the state governor must approve abortions paid for by the state's Medicaid program.[30]
Abortion in Alabama
| Voting on Abortion |
|---|
| Ballot Measures |
| By state |
| By year |
| Not on ballot |
This amendment was the first time Alabama voters decided a ballot measure about abortion. The following state policies related to abortion were enacted after the year 2010.
Policies
2011
In June 2011, Alabama passed and enacted a 20-week post-fertilization ban on abortions, except in cases where the woman's life is endangered.[31][32]
2012
In April 2012, legislation was approved to exclude the termination of ectopic pregnancies, where fertilized eggs implant outside the uterus, from the definition of abortion in state code.[33]
Under the Patient Protection and Affordable Care Act, also known as Obamacare, states are permitted to forbid healthcare plans participating in the state exchange from covering abortions, except when a woman's life is endangered.[34] In May 2012, Alabama passed a law to forbid healthcare plans on a healthcare exchange within the state from covering abortion, except when a woman's life is endangered.[35]
2013
In April 2013, a bill was signed to mandate that individuals performing abortions be licensed physicians. The bill also required that a physician must remain on the premises of the reproductive health center where the abortion was performed until all patients are discharged. Physicians were required to have admitting privileges at a local hospital. All reproductive health centers in the state needed to meet the standards of ambulatory health centers.[36][37] In July 2013, Judge Myron Thompson of the U.S. District Court for Middle Alabama delayed the law until 2014, as Planned Parenthood and the ACLU initiated litigation against the bill's admitting privileges requirement.[38] Judge Thompson struck down the admitting privileges requirement as unconstitutional in August 2014.[39]
2016
In April 2016, the state prohibited persons and institutions from accepting compensation for fetal organs, tissue, or remains for research, experimentation, or transplantation.[40]
In May 2016, Alabama passed and enacted a ban on dilation and evacuation abortions, which the legislation referred to as dismemberment abortions.[41] Most abortions performed at or after 15 weeks are dilation and evacuation abortions. In October 2016, Judge Myron Thompson of the U.S. District Court for Middle Alabama struck the ban down as unconstitutional. Judge Thompson said, "Alabama women would immediately lose the right to obtain a pre-viability abortion anywhere in the State when they reached 15 weeks of pregnancy."[42] The Alabama Attorney General appealed the case to the 11th Circuit Court of Appeals.[43]
Occurrence
In 2015, 5,899 abortions were performed in the state of Alabama. The number of abortions performed in the state fell 47 percent between 2005 and 2015. During the 10-year period between 2005 and 2015, the number of abortions performed peaked at 11,654 in 2006. From 2009 to 2015, each year experienced a decline in the number of abortions performed in the state.[44]
In the United States, 652,582 abortions were performed in 2013, excluding states that did not report abortion statistics to the CDC during at least one year between 2004 and 2013. States that did not report abortion statistics to the CDC were California (2004-2013), Louisiana (2005), Maryland (2007–2013), New Hampshire (2004–2013), and West Virginia (2004). In 2013, 8,485 abortions were performed in Alabama, meaning 1.30 percent of abortions reported to the CDC occurred in Alabama.[45] The portion of the U.S. population residing in Alabama in 2013 was 1.53 percent. The portion of the U.S. population, excluding states not reporting statistics to the CDC, residing in Alabama in 2013 was 1.83 percent.[46]
| Abortions in Alabama and U.S., 2005-2015 | |||||||
|---|---|---|---|---|---|---|---|
| Year | Number in Alabama | Number in U.S.* | Proportion in Alabama* | ||||
| 2005 | 11,211 | 807,680 | 1.39% | ||||
| 2006 | 11,654 | 834,615 | 1.40% | ||||
| 2007 | 11,267 | 818,923 | 1.38% | ||||
| 2008 | 11,268 | 816,765 | 1.38% | ||||
| 2009 | 10,882 | 779,278 | 1.40% | ||||
| 2010 | 10,280 | 754,780 | 1.36% | ||||
| 2011 | 9,523 | 719,530 | 1.32% | ||||
| 2012 | 9,076 | 688,149 | 1.32% | ||||
| 2013 | 8,485 | 652,582 | 1.30% | ||||
| 2014 | 8,080 | N/A | N/A | ||||
| 2015 | 5,899 | N/A | N/A | ||||
| *Note: States are not required to report abortion statistics to the CDC. The number of abortions in the U.S. column is excluding California, Louisiana, Maryland, New Hampshire, and West Virginia. The CDC's statistics lag about three years, with the most recent (2013) being published in November 2016. The proportion of abortions occurring in Alabama is the number of abortions in the state divided by the number of abortion in states reporting information. Sources: Alabama Department of Public Health, "Archived Publications," accessed April 27, 2017 Centers for Disease Control and Prevention, "Abortion Surveillance — United States, 2013," November 25, 2016 | |||||||
Abortion ballot measures, 2018
- See also: Abortion on the ballot
In 2018, three measures related to abortion were certified to appear on state ballots: West Virginia Amendment 1, Alabama Amendment 2, and Oregon Measure 106. The Alabama and West Virginia measures were legislatively referred constitutional amendments while the Oregon measure was a citizen-initiated measure. The Alabama and West Virginia measures were approved and the Oregon measure was defeated.
Alabama
Alabama Amendment 2 amended the state constitution in order to (a) declare that the state's policy is to recognize and support "the sanctity of unborn life and the rights of unborn children, including the right to life," (b) "ensure the protection of the rights of the unborn child in all manners and measures lawful and appropriate," and (c) state that "nothing in this Constitution secures or protects a right to abortion or requires the funding of an abortion." Rep. Matt Fridy (R-72), who sponsored this amendment in the Alabama legislature, said that its purpose was to ensure that nothing in the state constitution could be used to argue for a right to abortion in the event that Roe v. Wade was overturned.[9]
Oregon
Oregon Measure 106 would have prohibited public funds from being spent on abortions in Oregon, except when deemed medically necessary by a medical professional or required by federal law. The measure did not provide any exceptions for cases of rape or incest unless federal law requires.
West Virginia
West Virginia Amendment 1 added Section 57 to Article VI of the West Virginia Constitution to say "Nothing in this Constitution secures or protects a right to abortion or requires the funding of abortion." If Roe v. Wade were overturned, this amendment was designed to ensure that the state's constitution could not be used to allow abortions.[47]
Past measures: 1982-1988
Ballotpedia has tracked the following measures relating to state funding of abortion that have appeared on statewide ballots in past years. A total of seven measures relating to abortion funding were on the ballot in five states. All seven measures appeared on statewide ballots between 1982 and 1988 through citizen initiative petitions. Of the seven measures, two were approved and five were defeated. One measure that was defeated was Initiative 7 of 1988 in Colorado that would have repealed one of the two approved measures, Colorado Initiative 3, an amendment from 1984 that prohibited the use of state funds for abortions unless necessary to preserve the life of the mother.
| Year | Measure | State | Primary purpose | Outcome |
|---|---|---|---|---|
| 1982 | Measure 6 | Alaska | Prohibit unless to preserve the mother's life | |
| 1984 | Initiative 3 | Colorado | Prohibit public funding unless to preserve the mother's life | |
| 1986 | Amendment 65 | Arkansas | Prohibit public funding unless to preserve the mother's life | |
| 1988 | Amendment 3 | Arkansas | Prohibit public funding unless to preserve the mother's life | |
| 1988 | Initiative 7 | Colorado | Repeal Initiative 3 (from 1984) | |
| 1986 | Measure 6 | Oregon | Prohibit public funding unless to preserve the mother's life | |
| 1984 | Initiative 471 | Washington | Prohibit public funding unless to preserve the mother's life | |
| Details about the abortion-related measures can be expanded below |
|---|
Alaska
Arkansas
Colorado
Oregon
Washington
|
Referred amendments on the ballot
From 1998 through 2016, the Alabama Legislature referred 91 constitutional amendments to the ballot. Voters approved 71 and rejected 20 of the referred amendments. Most of the amendments, 85 of 91, were referred to the ballot for elections during even-numbered election years. The average number of amendments appearing on even-year ballots was between eight and nine. In 2016, 15 amendments were on the ballot. The approval rate of referred amendments at the ballot box was 78 percent during the 18-year period from 1998 through 2016. The rejection rate was 22 percent.
| Legislatively-referred constitutional amendments in Alabama, 1998-2016 | |||||||||
|---|---|---|---|---|---|---|---|---|---|
| Total number | Approved | Percent approved | Defeated | Percent defeated | Even-year average | Even-year median | Even-year minimum | Even-year maximum | |
| 91 | 71 | 78.02% | 20 | 21.98% | 8.50 | 7.00 | 4 | 15 | |
Path to the ballot
- See also: Amending the Alabama Constitution
In Alabama, a constitutional amendment must be passed by a 60 percent vote in each house of the state legislature during one legislative session. Rep. Matt Fridy (R-72) introduced the amendment into the legislature as House Bill 98 (HB 98).[15]
The Alabama House of Representatives approved the bill, 67 to 14, on March 16, 2017.[48]
The Alabama Senate took up the amendment on April 20, 2017. Sen. Phil Williams (R-10) proposed a change to the bill, but not the constitutional amendment itself, to express the legislature's intent that the attorney general "exhaust the internal resources and personnel of the office prior to the retention of any outside counsel to assist in the defense of any constitutional challenge to this act." Sen. Williams' amendment to the bill passed with 29 senators voting 'yea' and six senators not voting. Sen. Vivian Figures (D-33) and Sen. Bobby Singleton (D-24) attempted to get amendments to the bill passed, but both failed. Sen. Figures' amendment would have required the state to be "responsible for all reasonable costs of raising the child to the age of majority for any child born following the ratification of this amendment where the child's birth mother certifies that she otherwise would have aborted the unborn child." Sen. Singleton's amendment would have placed the measure on the next special general election ballot after the legislature's adjournment on May 31, 2017. His amendment lost 19 to 12. The Senate approved the bill, with Sen. Williams' amendment, on April 20, 2017. The vote was 25 to 7 with three members not voting. The vote was along partisan lines, with non-abstaining Republicans voting for the bill and non-abstaining Democrats voting against the bill.[15]
As the Senate amended HB 98, the House of Representatives needed to concur with the changes. On April 25, 2017, the House approved the amended version of the bill 73 to 24 with eight members abstaining. Of the House's 72 Republicans, 70 voted to pass the amendment and two abstained. Of the House's 33 Democrats, three voted to pass and 24 voted against the amendment. Six others abstained from voting. The Democrats who voted in favor of the amendment were Rep. Elaine Beech (D-65), Rep. Craig Ford (D-28), and Rep. Richard Lindsey (D-39). With approval in both chambers of the legislature, the measure was certified for the ballot. On April 27, 2017, the measure was delivered to the secretary of state.[15]
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State profile
| Demographic data for Alabama | ||
|---|---|---|
| Alabama | U.S. | |
| Total population: | 4,853,875 | 316,515,021 |
| Land area (sq mi): | 50,645 | 3,531,905 |
| Race and ethnicity** | ||
| White: | 68.8% | 73.6% |
| Black/African American: | 26.4% | 12.6% |
| Asian: | 1.2% | 5.1% |
| Native American: | 0.5% | 0.8% |
| Pacific Islander: | 0.1% | 0.2% |
| Two or more: | 1.7% | 3% |
| Hispanic/Latino: | 4% | 17.1% |
| Education | ||
| High school graduation rate: | 84.3% | 86.7% |
| College graduation rate: | 23.5% | 29.8% |
| Income | ||
| Median household income: | $43,623 | $53,889 |
| Persons below poverty level: | 23.3% | 11.3% |
| Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015) Click here for more information on the 2020 census and here for more on its impact on the redistricting process in Alabama. **Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here. | ||
Presidential voting pattern
- See also: Presidential voting trends in Alabama
Alabama voted Republican in all six presidential elections between 2000 and 2020.
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Related measures
No measures concerning Abortion are certified for the ballot in 2018. They will be listed below if and when any are certified for the ballot.
See also
External links
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Recent news
The link below is to the most recent stories in a Google news search for the terms Alabama 2018 Abortion Policy Amendment. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.
Footnotes
- ↑ 1.0 1.1 CBS News, "Alabama governor signs near-total abortion ban," May 15, 2019
- ↑ CNN, "Alabama governor signs nation's most restrictive anti-abortion bill into law," May 15, 2019
- ↑ AL.com, "Frozen embryos are ‘children,’ Alabama Supreme Court rules in couples’ wrongful death suits," accessed February 18, 2024
- ↑ Magers v Alabama Women's Center for Reproductive Alternatives, "accessed March 7, 2019
- ↑ Rolling Stone, "Alabama Court Awards Aborted Fetus the Right to Sue Abortion Clinic," March 6, 2019
- ↑ WAAY TV, "Madison County Man Sue Huntsville Clinic after Girlfriend Gets Abortion," February 6, 2019
- ↑ AL, "Lawsuit from father of aborted fetus dismissed; Alabama Supreme Court calls for Roe v. Wade overturn," accessed February 18, 2024
- ↑ 8.0 8.1 8.2 Alabama Legislature, "House Bill 98," accessed March 16, 2017
- ↑ 9.0 9.1 9.2 9.3 Tuscaloosa News, "Alabama looks to become ‘right to life’ state," March 16, 2017
- ↑ Cornell University Law School, "Planned Parenthood v. Casey," accessed April 27, 2017
- ↑ 11.0 11.1 11.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid
<ref>tag; name "quotedisclaimer" defined multiple times with different content - ↑ Alabama Secretary of State, "2017-2018 Statewide Constitutional Amendments: Ballot Statements," accessed July 31, 2018
- ↑ 13.00 13.01 13.02 13.03 13.04 13.05 13.06 13.07 13.08 13.09 13.10 13.11 AL Reporter, "Alliance for a Pro-Life Alabama plans a statewide campaign to pass constitutional amendment," accessed September 28, 2018
- ↑ Waay TV, "GOVERNOR IVEY AFFIRMS SUPPORT FOR PRO-LIFE CONSTITUTIONAL AMENDMENT TWO," accessed October 15, 2018
- ↑ 15.0 15.1 15.2 15.3 15.4 15.5 Alabama Legislature, "House Bill 98 Overview," accessed March 16, 2017
- ↑ A vote in favor of the amendment in the legislature while approving the referral of the amendment to the ballot, did not necessarily indicate an endorsement of a "yes" vote on the measure at the ballot box.
- ↑ Al.com, "Alabama Senate passes anti-abortion constitutional amendment," April 20, 2017
- ↑ Alabama for Healthy Families, "Home," accessed October 6, 2018
- ↑ Our Revolution, "Ballot initiative endorsements," accessed September 22, 2018
- ↑ Yellow Hammer News, "Maddox against constitutional amendment ‘acknowledging the sanctity of unborn life’," accessed September 20, 2018
- ↑ Times Daily, "2 constitutional amendments on the ballot," accessed July 5, 2018
- ↑ Al.com, "Alabama amendments: Life, liberty, and the pursuit of unintended consequences," October 21, 2018
- ↑ The Anniston Star, "The choice for Alabama attorney general," accessed November 4, 2018
- ↑ SCOTUSblog, "Court to weigh in on Mississippi abortion ban intended to challenge Roe v. Wade," May 17, 2021
- ↑ Guttmacher Institute, "Abortion Policy in the Absence of Roe," accessed July 29, 2018
- ↑ Planned Parenthood, "Senate Must Reject Supreme Court Nominee Brett Kavanaugh," accessed September 26, 2018
- ↑ Weekly Standard, "Fact Check: Has Brett Kavanaugh 'Stated He'd Overturn' Roe v. Wade?" accessed September 26, 2018
- ↑ Huffington Post, "Susan Collins: ‘I Do Not Believe’ Kavanaugh Would Repeal Roe v. Wade," accessed September 26, 2018
- ↑ Global News, "Presidential debate: Chris Wallace presses Donald Trump to clarify his position on abortion," accessed July 28, 2018
- ↑ Guttmacher Institute, "State Funding of Abortion Under Medicaid," accessed July 30, 2018
- ↑ Code of Alabama, "Title 26. Infants and Incompetents. § 23B," accessed May 1, 2017
- ↑ Reuters, "Alabama governor signs ban on abortion after 20 weeks," June 11, 2011
- ↑ Code of Alabama, "Alabama Code Title 26. Infants and Incompetents. § 23D," accessed May 1, 2017
- ↑ NBC News, "Health reform hands states surprising weapon against abortion," February 14, 2013
- ↑ Code of Alabama, "Title 26. Infants and Incompetents. § 23C (2012)," accessed May 1, 2017
- ↑ Code of Alabama, "Title 26. Infants and Incompetents. § 23E," accessed May 1, 2017
- ↑ CNN, "Alabama Gov. Robert Bentley signs law raising requirements for abortion clinics," April 9, 2013
- ↑ Reuters, "Judge delays enforcement of Alabama abortion law until 2014," July 23, 2013
- ↑ USA Today, "Judge rules AL abortion clinic law unconstitutional," August 4, 2014
- ↑ Alabama Legislature, "House Bill 45," accessed May 1, 2017
- ↑ Alabama Legislature, "Senate Bill 363," accessed May 1, 2017
- ↑ United States District Court for the Middle District of Alabama, "West Alabama Women's Center v. Miller," October 27, 2016
- ↑ U.S. News, "Alabama Seeks to Enforce 'Dismemberment' Abortion Ban," March 17, 2017
- ↑ Alabama Department of Public Health, "Archived Publications," accessed April 27, 2017
- ↑ Centers for Disease Control and Prevention, "Abortion Surveillance — United States, 2013," November 25, 2016
- ↑ U.S. Census, "2013 Population Estimates," accessed April 27, 2017
- ↑ Fox News, "Abortion on the Ballot: Red states already planning for possibility of Roe rollback," accessed August 14, 2018
- ↑ AL.com, "Anti-abortion Alabama constitutional amendment passes House," March 16, 2017
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