Nevada Amendment Sets the Stage to Create Constitutional Right to Abortion in 2026

Foetus at week 26, illustration - stock illustration, SEBASTIAN KAULITZKI/SCIENCE PHOTO LI
SEBASTIAN KAULITZKI/SCIENCE PHOTO LIBRARY/Getty Images
Katherine Hamilton

An amendment that would create a constitutional right to abortion is on the ballot in Nevada.

The measure is called Question 6, and would allow abortions until “fetal viability” for any reason, which is around 22 to 24 weeks of pregnancy. It would allow abortions throughout pregnancy “when necessary to protect the health or life of the pregnant individual.” It reads:

Should the Nevada Constitution be amended to create an individual’s fundamental right to an abortion, without interference by state or local governments, whenever the abortion is performed by a qualified healthcare professional until fetal viability or when necessary to protect the health or life of the pregnant individual at any point during the pregnancy?

If the proposed measure passes in November by a simple majority, it would have to pass again in 2026 before being added to the constitution, per state law.

According to the Nevada Secretary of State, a “no” vote would keep the state constitution in its current form and “would not impact the availability of abortion as a statutory right under Nevada law.”

In Nevada, a statute was upheld through a referendum vote in 1990 allowing abortion through 24 weeks of pregnancy. The law allows abortions throughout pregnancy when the life of the mother is in danger or for health reasons.

Nevada is one of ten states where abortion is on the ballot in November. 

READ MORE: These Ten States Have Abortion on the Ballot in November

Ballot measures are particularly effective as an offensive weapon because they are basically irreversible — they change a state constitution, take precedence over laws passed by state legislatures, and can only be overturned by another ballot measure or lengthy legal battles. The measures are typically propped up by left-wing organizations and affiliates with deep pockets — such as Planned Parenthood and the ACLU — out-of-state dark money groups, and billionaires with eugenicist leanings, oftentimes outspending pro-life organizations by double or triple. This year, some pro-abortion groups reported outraising pro-life groups 8-to-1.

Every single pro-abortion-related ballot measure since the fall of Roe has been successful. During the 2022 special elections, Kansans rejected a ballot measure that would have established that the state Constitution does not include a right to abortion. During the 2022 midterms, voters in California, Michigan, and Vermont codified abortion into their Constitutions. At the same time, voters in Montana rejected a ballot measure that would have given rights to babies born alive in botched abortions. Voters in Kentucky also rejected an amendment similar to the one in Kansas. Last November, Ohioans also voted to codify the supposed right to abortion in their state Constitution via Issue 1.

Katherine Hamilton is a political reporter for Breitbart News. You can follow her on X @thekat_hamilton.

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