Abortion and reproductive rights have been a divisive issue in the United States since Roe v Wade was overturned by the Supreme Court in 2022 and figured heavily in the election campaign.
But it wasn't just a key difference between the platforms of Donald Trump and Kamala Harris.
Ten states had abortion measures on their ballots, asking voters whether they wanted to enshrine reproductive rights in their state constitutions.
In some states this would have meant maintaining the status quo, but in others, it would pave the way to remove restrictions that were introduced after Roe v Wade was overturned.
In most of the states, the measures have passed — although in some places, changing the rules is more complicated than a single vote.
Here's a breakdown of how this issue landed on the same ballot as the US presidential election, and what happens next.
How was abortion a part of this campaign for states?
It comes back to the overturning of Roe v Wade in 2022. That court decision, made in 1973, ruled that the US constitution protected a woman's right to abortion. Because federal law takes precedence over conflicting state laws, it meant state and local lawmakers could not ban abortions – even if they wanted to. Conservative states got around this by restricting access to abortions or making them harder to get.
But when Roe v Wade was overturned in 2022, the constitutional right to abortion was gone. Many states passed restrictions on abortions, some started enforcing pre-1973 laws and others banned the procedure in all but extreme circumstances.
Abortion rights campaigners fought back by pushing to include protections in state law or wind back bans. Including the question on ballots, effectively holding state referendums on the issue, was one way to do that.
Since 2022 every ballot measure across the country that would protect abortion access has passed — until this week.
How did the abortion measures perform?
Seven states voted to enshrine the right to abortion in their constitutions: Colorado, New York, Maryland, Montana, Nevada, Arizona and Missouri.
The measures failed in three states — Florida, South Dakota and Nebraska — meaning their existing restrictions will remain in place.
In Nebraska, voters were also presented with an option to enshrine abortion restrictions into the constitution — which passed.
You can read about each state in more depth further down.
What has Trump said about abortion?
It has changed over the years.
In this campaign, Donald Trump has said he believes states should set their own abortion laws. You can see what his policy was for yourself:
At some points he had voiced support for a federal ban on abortions from 15 or 20 weeks, but he has also said .
Video of a 2016 interview in which Trump said women should be "punished" for getting an abortion, if it were illegal, resurfaced during this campaign. "There has to be some form of punishment," Trump said during an interview. "For the woman?" the reporter asked. "Yes," Trump replied.
At the time his team quickly walked back that comment, issuing a statement that said: "The woman is a victim in this case as is the life in her womb … my position has not changed — like Ronald Reagan, I am pro-life with exceptions."
If you go back even further, Trump once said he supported the right to abortion.
In an interview in 1999, Trump described himself as "strongly pro-choice". "I hate the concept of abortion … I just believe in choice," he said.
What has JD Vance said on abortion?
JD Vance has been a loyal running mate, saying he supports Trump's view that it's an issue best left to the states.
"If… California wants to have a different abortion policy from Ohio, then Ohio has to respect California, and California has to respect Ohio," he told Fox news. "Donald Trump's view is that we want the individual states and their individual cultures and their unique political sensibilities to make these decisions, because we don't want to have a non-stop federal conflict over this issue."
He also said Trump would veto any attempts to install a national abortion ban. As for his own view, in the VP debate, Vance said he has never supported a national abortion ban himself.
This appears to be a shift from Vance's stance on abortion when he entered politics in 2022.
In a podcast appearance while running for the Senate he said he would "certainly would like abortion to be illegal nationally", and during a debate, said he would support some kind of minimum national standard.
What did Democrats run on?
During the campaign Democrats capitalised on the issue, reminding voters that Donald Trump's presidency led to the overturning Roe v Wade in the first place. They claimed that if he was returned to office, abortion rights would become even more restricted.
Kamala Harris and Tim Walz campaigned on protecting abortion rights in the states that still had them, and at one point a spokesperson said they were "fighting to restore reproductive freedom in all 50 states".
"Vice President Harris and Governor Walz trust women to make decisions about their own bodies, and not have the government tell them what to do," their position statement said.
"As President, she [Harris] will never allow a national abortion ban to become law. And when Congress passes a bill to restore reproductive freedom nationwide, she will sign it."
What will happen with abortion rights now?
Abortion continues to be a big issue in America — for those who want to see it restricted and for those who defend reproductive rights.
Kamala Harris mentioned it in her concession speech on Wednesday:
I will never give up the fight for a future where Americans can pursue their dreams, ambitions, and aspirations. Where the women of America have the freedom to make decisions about their own body and not have their government telling them what to do.
As for the ballot measures, it depends on each state. In the seven states that voted to protect abortion rights, their constitutions will be amended, making it harder to introduce bans in future. In Arizona and Missouri, where restrictions were introduced after Roe v Wade was overturned, this is the first step in undoing those restrictions.
In the three states where abortion protection measures failed — Florida, South Dakota and Nebraska — the laws will not change and restrictions will remain in place. Nebraska will go a step further, enshrining a ban on abortions after the first trimester into its constitution.
How did the abortion measures perform in each state?
This measure has passed with more than 60 per cent support. Voters were asked whether they wanted to enshrine a "fundamental right to abortion" in the state's constitution. The measure will guarantee abortion rights up to "fetal viability", generally considered to be around 24 weeks, and allow later-term abortions if the woman's life or health is at risk. Arizona currently bans abortions after the 15th week of pregnancy.
Abortion is legal in Nevada, but after the overturning of Roe v Wade, abortion rights campaigners urged politicians to enshrine these rights into the constitution for further protection. Voters were asked to vote on an amendment that would guarantee all citizens "a fundamental right to reproductive freedom".
More than 60 per cent of Nevada voters voted in favour of the amendment. However, changing Nevada's constitution requires voters to approve of amendments twice — so this issue will reappear on Nevada ballots in 2026. Voters must approve it again in order for it to take effect.
Amendment 4 would have enshrined abortion rights in the Florida Constitution, allowing abortions "before viability" of the fetus, or until around the 24-week mark, instead of the six-week cut-off the state currently has.
The measure failed to reach the 60 per cent support for it to pass. It's a huge win for the Florida governor Ron DeSantos, who was a key proponent.
The loss marks the first time a ballot measure in support of abortion rights has failed since Roe v Wade was overturned in 2022.
New York already has abortion access laws in place: Women are allowed to get an abortion up to 24 weeks of pregnancy and, after that, they can terminate if their health or pregnancy is at risk. The ballot question — which passed with more than 60 per cent support — didn't explicitly mention abortion, instead presenting voters with a proposal to "protect against unequal treatment" based on "pregnancy and pregnancy outcomes, as well as reproductive healthcare and autonomy". This will effectively give constitutional protection to abortion rights.
Abortion is legal in Montana up to "fetal viability", generally considered to be about 24 weeks of pregnancy. It is banned after that point. Voters chose to enshrine these rights in their state constitution, with about 57 per cent ticking yes.
The amendment will "provide a right to make and carry out decisions about one's own pregnancy, including the right to abortion" before fetal viability.
Abortion is already legal in Colorado at all stages of pregnancy. However, under a law passed in 1984, spending public money on abortions was banned.
The measure on the ballot — now approved with more than 60 per cent voting yes — will enshrine existing abortion protections into the state's constitution, as well as repeal the ban on state and local funding for abortion. This change will allow government health insurance programs to cover the procedure.
Maryland state law already protects the right to abortion. But in Tuesday's ballot, voters were asked whether they would like to enshrine these rights into the state's constitution. The amendment will guarantee the "individual's fundamental right to reproductive freedom", including the right to continue or end one's pregnancy.
The measure passed with overwhelming support; 75 per cent of voters said yes.
Missouri voters have paved the way to undo one of America's most restrictive abortion bans. The state currently only allows abortions in cases of medical emergencies, and there are no exceptions for rape or incest.
The amendment approved at the ballot box — with just over 50 per cent support — will enshrine in the state constitution people's rights to make decisions about their reproductive health.
This does not undo the law on its own, however. Abortion rights advocates will need to go to court to overturn the ban.
Like Missouri, South Dakota has some of the country's most restrictive abortion laws. It is illegal to perform the procedure — at any point of the pregnancy — unless the patient's life is at risk. Unlike Missouri, South Dakota did not vote for change.
The ballot measure in South Dakota would have allowed people to challenge the abortion ban by enshrining rights in the constitution. If passed, the state would have been banned from interfering with a woman's decision to get an abortion during the first 12 weeks of pregnancy.
The amendment was rejected, with only 40 per cent voting yes.
Voters were given two options: Do they want to enshrine the state's current abortion restrictions into the constitution? Or do they want to give women the right to have an abortion until viability? The competing constitutional amendments were a nation-wide first.
Ultimately the state voted in favour of abortion restrictions. The current restrictions — which ban abortions in the second and third trimesters except for medical emergencies, rape or incest — will be written into the constitution.
With AP
