Alabama, Oregon, West Virginia.
All three states had state ballot issues related to abortion. The ballot issue narrowly passed in West Virginia, soundly passed in Alabama and was soundly defeated in Oregon.
The Alabama and West Virginia amendments both included the phrase: “Nothing in this Constitution secures or protects a right to abortion or requires the funding of an abortion.”
Based on the new state constitutional amendments, if Roe v Wade were overturned by the Supreme Court, there would not be a right within those states to have an abortion. The new law also potentially enables state legislatures more freedom in passing laws that help preserve the life and rights of the unborn.
These two amendments are based off of another pro life amendment that Tennessee passed in 2014. Writing for the Huffington Post, Marina Fang argues that these laws “would likely face legal action and would be unenforceable because Roe v. Wade ensures a woman’s right to an abortion.” She goes on to mention that it’s possible that Roe would be overturned.
But even if it’s not overturned, it’s also not a foregone conclusion that these laws would be judged as unconstitutional. Last month, the Supreme Court declined to hear a challenge to the Tennessee amendment.
The West Virginia and Alabama laws also are set to eliminate funding for abortions.
In recent years, several states have been active in proposing legislation and constitutional amendments that protect the rights of the unborn.
These are big wins for the pro life movement and for the rights of the unborn. Many lives will be saved as a result of these new laws. It is important that other states pick up the baton and keep fighting for the rights of the unborn. When states fill to pass amendments, as was the case with Oregon, people need to keep fighting.
Thanks for reading! I’d love to hear what you think, and don’t forget to subscribe!
Josh Benner is the associate pastor at Cornerstone Evangelical Free Church in Fergus Falls, Minnesota and has a Master of Divinity from Trinity Evangelical Divinity School. He enjoys writing about faith and culture. He lives with his wife Kari in Minnesota.
