Election 2022: Abortion enshrined as constitutional ‘right’ in three states

Vermont, California, and Michigan each enshrined abortion as a state constitutional right on Tuesday as voters turned out largely in support of abortion on demand through all nine months of pregnancy for any reason. Meanwhile, Kentucky’s pro-life Amendment 2, which would have protected preborn children in the state constitution, failed to pass.

WARNING: Graphic images of abortion victims below.


Vermont officially became the first state to enshrine abortion as a constitutional right as polls closed on Tuesday. At 6:30 EST Wednesday morning, with 99% of polls reporting, Proposal 5 had passed 77.5% to 22.5%, making “personal reproductive autonomy” a constitutional right in the state. The proposal had been in the works since 2019, as it had to pass the House and Senate twice each.

The Associated Press

Prop 5 states, “That an individual’s right to personal reproductive autonomy is central to the liberty and dignity to determine one’s own life course and shall not be denied or infringed unless justified by a compelling State interest achieved by the least restrictive means.” Essentially, women in Vermont now have the right to kill their child — even a healthy child at full term — if they feel that their child will prevent them from achieving their goals.

READ: Planned Parenthood will spend $50 million on midterm elections to promote abortion


In California, Proposition 1, which would add abortion and contraception as rights in the state constitution, is predicted to pass with 41% reporting. At 6:30 EST Wednesday, The Associated Press reported 65.2% in favor, and 34.8% opposed to the measure.

The Associated Press

Proposition 1, also known as SCA 10, was introduced into the State Senate by Senate President pro Tempore Toni G. Atkins (D-San Diego), along with Speaker Anthony Rendon (D-Lakewood) and their colleagues, in partnership with Planned Parenthood Affiliates of California and NARAL Pro-Choice California.

Prop 1 will “prohibit the state from denying or interfering with an individual’s reproductive freedom in their most intimate decisions, which includes their fundamental right to choose to have an abortion.”

Though California law did protect certain preborn children after the arbitrary age of viability (about 24 weeks), Prop 1’s passage means that now no child will be protected from abortion at any point during pregnancy. It will instead be legal through all nine months for any reason, and the “all trimester” D.C.-based DuPont Clinic has already announced that it will open a new facility in Los Angeles.


In Michigan, Proposal 3 was declared to have passed, 55.4% to 44.6%, with 84% reporting at 6:30 EST Wednesday morning. The proposal adds abortion and contraception to the state constitution as rights, but allows the state to protect preborn children after the age of viability, at about 24 weeks, though babies born as young as 21 weeks have survived outside the womb.

The Associated Press

Proposal 3, also known as the Right to Reproductive Freedom Initiative, was largely an effort of pro-abortion groups like the ACLU and Planned Parenthood. The text contains language prohibiting the state from “penaliz[ing], prosecut[ing], or otherwise tak[ing] adverse action against an individual based on their actual, potential, perceived, or alleged pregnancy outcomes.”

Citizens to Support Michigan Women and Children believes that this language may prohibit law enforcement from investigating cases of infanticide. “For example,” the group’s website states, “if someone gives birth and then abandons the baby in the trash, the state can’t even investigate the situation because investigation is an ‘adverse action’ against a ‘perceived pregnancy outcome.’”

URGENT: For every dollar given, 34 more people can be reached with the truth about abortion. Will you join us in this life-saving work as a monthly donor today?


Kentucky’s Amendment 2 would have ensured that abortion is not a right in the state constitution. But the measure appeared to be failing 52.6% to 47.4%, with 86% reporting by 6:30 EST Wednesday morning.

The Associated Press

House Bill 91 — Yes for Life!, would have altered the state constitution to read, “To protect human life, nothing in this Constitution shall be construed to secure or protect a right to abortion or require the funding of abortion.” It passed the general assembly in April 2021 before heading to voters on Tuesday. If it had passed, the constitution would have then overridden any court ruling that legalized abortion in Kentucky.

Abortion is not a right, but a violent act that infringes on the right to life of innocent human beings. With three states now claiming the homicide of undelivered human beings as a state constitutional right, more children will be killed simply for existing and being labeled “unwanted.” Children like Harriett, pictured below, will be tossed into medical waste bins after suffering brutal deaths — a horrific injustice. Every human being is inherently equal and valuable and no child should suffer the fate that Harriett did.

Baby girl Harriett was found in a medical waste bin outside DC abortion facility.

What is Live Action News?

Live Action News is pro-life news and commentary from a pro-life perspective. Learn More

Contact for questions, corrections, or if you are seeking permission to reprint any Live Action News content.

GUEST ARTICLES: To submit a guest article to Live Action News, email with an attached Word document of 800-1000 words. Please also attach any photos relevant to your submission if applicable. If your submission is accepted for publication, you will be notified within three weeks. Guest articles are not compensated. (See here for Open License Agreement.) Thank you for your interest in Live Action News!

To Top