13 states that may have abortion referendums in 2024

South Dakota

A proposed constitutional amendment circulating in South Dakota would amend the state constitution to establish a framework governing the legality of abortion in each trimester of pregnancy.

“Before the end of the first trimester, the State may not regulate a pregnant woman’s abortion decision and its effectuation, which must be left to the judgment of the pregnant woman,” the proposal asserts.

Meanwhile, the ballot measure would impose limits on abortion in subsequent trimesters if passed.

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“After the end of the first trimester and until the end of the second trimester, the State may regulate the pregnant woman’s abortion decision and its effectuation only in ways that are reasonably related to the physical health of the pregnant woman.”

In the third trimester, “the State may regulate or prohibit abortion, except when abortion is necessary, in the medical judgment of the woman's physician, to preserve the life or health of the pregnant woman.”

A poll conducted by South Dakota News Watch of 500 registered voters in November 2023 found that 45.6% of South Dakotans plan on supporting the proposed constitutional amendment while 43.6% signaled their intent to oppose it.

Supporters of the proposed amendment have until May 7 to submit 35,017 valid signatures. Abortion law in South Dakota prohibits all abortions except in cases where the life of the mother is in danger. 

Ryan Foley is a reporter for The Christian Post. He can be reached at:

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