New Yorkers will vote on the state's Equal Rights Amendment in November.
Proposition 1 enshrines protections against discrimination based on age, disability, gender identity or expression, sexual identity and pregnancy outcomes. Although it is not explicitly stated, it codifies abortion rights into the state's constitution.
Despite wide support, the Archdiocese of New York and Republican state lawmakers are against it.
Sasha Ahuja, campaign director for the group New Yorkers for Equal Rights, said New Yorkers want the amendment passed.
"New Yorkers feel the threat," Ahuja contended. "They know that our rights are not as safe as they thought they were. New Yorkers are looking at the states that have rolled back access to reproductive health care and abortion; 22 states in total."
A Guttmacher Institute study showed an increase in people traveling to New York to get an abortion. New York lawmakers from both parties are not entirely happy with the amendment's wording. Democrats worry voters will not understand the amendment codifies abortion rights. Meanwhile, Republican lawmakers worry the nonspecific language might lead to gender-affirming care without parental consent and transgender athletes' participation in school sports.
Amending the state constitution is not easy since it requires the state Legislature to pass the bill twice, consecutively. The amendment has been subject to legal challenges that almost kept it off this year's ballot. The lawsuit was from a Republican state Assemblymember alleging the Legislature committed a technical error in passing the amendment. Ahuja noted such challenges have been a common occurrence when reproductive rights are on the ballot.
"We've seen attacks like this in states like Florida and Ohio, states all across the country that try to get these measures off or make it harder for people to vote," Ahuja stressed. "And we saw that same thing play out here in New York."
The District of Columbia and four states have codified abortion rights in their state constitutions since the Supreme Court's decision in Dobbs v. Jackson Women's Health Organization in 2022.
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Wisconsin law bans telemedicine abortion care, yet new data show an increasing number of Wisconsinites have been getting abortion pills through shield law providers.
An 1800s Wisconsin law caused a temporary statewide ban on abortion services after Roe v. Wade was overturned in 2022.
Jenny Higgins, professor of obstetrics and gynecology at the University of Wisconsin-Madison and director of the UW Collaborative for Reproductive Equity, said even after the ban was lifted in 2023, demand for abortion pills in Wisconsin remained high.
"Suggesting that even when brick-and-mortar facilities are offering abortion care in our state, telehealth abortion still is a really important service that many people in our state are taking advantage of through these shield laws," Higgins explained.
There have been about 130 orders for abortion pills per month made through shield law providers since July 2023, according to WeCount data. There have also been reports of stockpiling nationwide since the election. In a recent interview, President-elect Donald Trump said he would "probably" not restrict medication abortion pills during his second term.
With only four abortion clinics statewide, 96% of Wisconsin counties do not have an abortion provider and about 70% of Wisconsinites of reproductive age live in a county without an abortion clinic.
Higgins noted while shield law clinicians provide critical and affordable care to Wisconsinites who grapple with numerous restrictions to abortion, attempts to criminalize both providers and patients are expected, with Black and brown patients at the highest risk.
"We know historically that Black and brown women are the most likely to be criminalized during pregnancy, whether that pregnancy is ending in abortion or birth," Higgins pointed out. "I think we need to pay great attention to the ways in which some of the pregnant people with the least social power could be putting themselves at risk."
She added barriers to care must also be recognized, including distance to brick-and-mortar facilities, state insurance prohibitions affecting affordability and negative past health care experiences.
Another 1800s law could come into play under the new administration, although about 70% of Americans have never heard of it. Project 2025 directs the use of portions of the Comstock Act to criminalize abortion, while some state attorneys general have already asked courts to make mailing abortion pills illegal under the act.
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Voters across the country approved a majority of measures in November to affirm abortion rights and supporters of an initiative to legalize abortion in Idaho said they are feeling momentum.
Voters approved seven of 10 state abortion-rights measures, including in Montana. A Florida measure received a majority of votes but did not reach the state's 60% threshold for passage.
In Idaho, pro-choice advocates are waiting for approval to collect signatures on a 2026 measure which would allow access to abortion until viability of the fetus.
Melanie Folwell, executive director of Idahoans United for Women and Families, is leading the effort.
"If there's anything that was very clear in November's election, it's that abortion amendments and abortion laws -- laws that expand access to reproductive options -- do well at the ballot, even in very 'red' states," Folwell asserted.
Idaho is one of six states with a near-total abortion ban. Folwell noted her organization is awaiting approval from the attorney general's office and could start collecting signatures by the end of January.
However, unlike many other states allowing voter initiatives to amend the state constitution, Idaho does not. If approved for the ballot, the abortion access measure would mean passing legislation, which in turn means legislators could repeal it. Folwell argued it is unfortunate, when people have been telling lawmakers since Roe v. Wade was overturned about the negative effects of banning abortion.
"They've heard from doctors, they've heard from health care systems, they've heard from patients themselves -- from women who have suffered needlessly as a result of these laws -- and they've done nothing," Folwell observed. "They've had two legislative sessions to do something. They've done nothing. And we think there's an imperative to just take this question to the people."
If the measure is approved to collect signatures, it would need 6% of signatures from registered voters from at least 18 of the state's 35 legislative districts, a total of about 70,000 signatures before April 30, 2026.
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Health clinics in New England and elsewhere are coping with a sharp uptick in requests for long-acting contraceptives in the wake of the election.
Planned Parenthood centers in New Hampshire, Maine, and Vermont report more than double their weekly average appointment inquiries for intrauterine devices - or IUD's - and the birth control implant.
Planned Parenthood of Northern New England CEO Nicole Clegg said the organization had exceeded its monthly average for vasectomy consultations by mid-November.
"There's a lot of anxiety," said Clegg, "that people have around whether or not they're going to have access to their preferred birth control choice."
Clegg said patients are also calling with concerns about the availability of gender-affirming care.
She said the increase mirrors what the organization experienced after President-elect Donald Trump's first win in 2016, and the eventual overturning of Roe v. Wade in 2022.
In New Hampshire, abortion remains accessible up to twenty-four weeks of pregnancy, but health care advocates note that state law does not expressly protect abortion rights and that anything could change under the new Republican trifecta at the statehouse.
Clegg said New Englanders are already showing a heightened interest in volunteering at health centers to ensure patients can get the care they need.
"We've had these intense fights before," said Clegg, "and time and time again the American public has stood up for Planned Parenthood and our rights. We think they'll do the same again this time."
Clegg said a loss of federal funds would reduce peoples' access to vital, preventative health care services.
The co-leaders of Trump's new Department of Government Efficiency have already vowed to cut $300 million earmarked for groups like Planned Parenthood, which they claim pursue a progressive agenda.
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