While strongly worded, Amendment 2 will not be legally enforceable unless the Supreme Court overturned its decision in Roe v. Wade, which found a legal right to abortion throughout a pregnancy. If that were to happen, and the legality of abortion became a state-by-state issue, Amendment 2 could make abortion illegal in Alabama.
Oregon residents will vote on Measure 106, a citizen's initiative to amend the state constitution to prohibit public funds being used for abortion, except when necessary to save the life of the mother, such as an ectopic pregnancy.
Current Oregon law states that "abortions may be obtained, when approved by medical professional, under state-funded health plans or under health insurance procured by or through a public employer or other public service." If Measure 106 passes, this will no longer be the case.
Unlike many abortion restriction measures, in the Oregon proposal there is no exception for pregnancies that are the result of rape or incest.
Measure 106 narrowly qualified for the ballot in September with fewer than 300 signatures more than the legal minimum.
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According to Americans United for Life's annual "Life List," which ranks states by pro-life laws, Oregon has some of the loosest abortion laws in the country. Oregon came in at 46, ahead of only New Jersey, Vermont, California, and Washington.
In West Virginia, voters will be considering Amendment 1, which would "amend the West Virginia Constitution to clarify that nothing in the Constitution of West Virginia secures or protects a right to abortion or requires the funding of abortion."
This amendment was sponsored by 15 Republican members of the West Virginia legislature, and was passed with bipartisan support so that it could appear on Tuesday's ballot. Unlike Oregon's Measure 106, West Virginia Amendment 1 has an exception for pregnancies that are the result of rape and incest.
Currently, West Virginia law actually criminalizes both the procurement of and performance of an abortion, but this law is not in effect due to Roe v. Wade. If Roe were to be overturned, and Amendment 1 were to pass, it would prevent judges from interpreting the West Virginia constitution in a way which would protect legal abortion in any subsequent court battle.