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Abortion and the 2024 Election

Abortion and the 2024 Election

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Republican and Democratic Platforms on Abortion and Family Values

1000plus presents the Democratic and Republican positions regarding abortion and family values. Our sources are the current party platforms and official statements by party leaders.

In 1973, the Supreme Court agreed that the Due Process of the 14th amendment implies a right to privacy; therefore, under the right of privacy, this ruling recognized abortion as a woman’s constitutional right. This ruling, Roe v. Wade, recognized that the states could put limits on abortion; in other words, as a pregnancy progressed, the state's ability to regulate the pregnancy increased. In 2022, the Supreme Court overturned this decision and, therefore, abortion rights are defined on a state-by-state basis. Abortion is a primary topic regarding the 2024 election because public opinion on this matter is polarized, and voters are seeking clear answers.

The Democratic and Republican party approach the concept of government funding in separate ways, although, they do share some common interests. The distribution of tax-payers money and the services that this money contributes to is what splits the views of these two parties concerning this topic.

The LGBTQIA+ community, which stands for lesbian, gay, bisexual, transgender, queer or questioning, intersex, asexual, and more, is another relevant topic regarding the 2024 election. The presidential candidates are currently faced with questions concerning the difference between equality and inclusion.

Overview of Democratic and Republican Positions

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Democratic Position on Abortion

Abortion access is a pillar of the 2024 Democratic party campaign, focusing on making abortion services more accessible and affordable. Democrats oppose restrictions on the timing of abortion and support late term abortion on the basis that it is solely the choice of the patient and provider.

Recent Legislative Actions
The Democratic party is working to enhance privacy protections related to abortion services. A website, ReproductiveRights.gov, was launched to “issue guidance to protect student privacy in this area,” and provides resources regarding “abortion-related legal defense services.”

Recent Legislative Actions Supports the Women’s Health Protection Act: 

The democratic party launched this legislation in response to the overturning of Roe v. Wade. If the act is approved, then:

  • States would be prohibited from interfering with access to abortion early in pregnancy.
  • States could not impose limitations on abortions later in pregnancy.
  • Traveling out of state to have an abortion would continue to be permitted.
  • Opposes the Hyde Amendment: This act prohibits federal funding from being used for abortions. Democrats plan to repeal this act, which would ensure that abortion services are covered by federal funds.

Further Planned Measures

  • Expansion of Abortion Pill Distribution
    The Democratic party is committed to providing “access to abortion, including by creating a new path for pharmacies to dispense FDA-approved medication abortion.”
  • Response to Supreme Court Decisions
    Democrats are working to reinstate Roe v. Wade.
  • Taxpayer Dollars and Abortion
    Supports the Affordable Healthcare Act (AHA): The Democratic party supports abortion services being covered with tax dollars.

Democratic Position on Family Values

  • Overview of Democratic Position on Family Funding:
    The Democratic Party advocates for an active government role in supporting families (e.g., by providing financial services).
  • Childcare and Early Childhood Education:
    Planning to provide working families with childcare for less than $10 a day per child.
  • Paid Family Leave Initiatives:
    Plans to create the first national paid family and medical leave program, which will provide 12 weeks (about three months) of paid time off for every working American to care for a new child.

Democratic Position on Gender

Recent Legislative Actions

  • Supports a bill that “provides statutory authority for same-sex and interracial marriages."
  • Supports a bill that “prohibits an individual from being denied access to a shared facility, including a restroom, a locker room, and a dressing room, that is in accordance with the individual's gender identity.“
  • Advocates for strengthening Title IX.
  • Opposes “state and federal bans on gender-affirming health care.”

Sources:

  • Pew Research Center. (2019). Views of Government and the Nation. pewresearch.org.
  • Democratic National Committee. (2024). 2024 Democratic Party Platform. democrats.org.
  • Congress.gov. (2022). House Bill 8404 - Marriage Equality Act. congress.gov.
  • Congress.gov. (2022). House Bill 5 - Equality Act
    congress.gov.
  • U.S. Department of Education. (2023). Title IX Final Rule Fact Sheet. ed.gov.
  • Brennan Center for Justice. "Roe v. Wade and Supreme Court Abortion Cases." Accessed October 28, 2024. brennancenter.org

Republican Position on Abortion

The Republican Party believes that abortion regulations should be decided by each state individually while opposing late-term abortion. This party upholds that they “protect and defend a vote of the people, from within the states, on the issue of life.”

Recent Legislative Actions
Supports the Born-Alive Abortion Survivors Protection Act

  • This act states that infants who survive attempted abortions are treated with the same level of medical care that a newborn of the same age would receive. 
  • The Democratic party voted against this act.

Further Planned Measures

  • Response to Supreme Court Decisions
    Republicans were in favor of and supported the Supreme Court’s decision to overturn Roe v. Wade.
  • Healthcare and Support Services
    The Republican party is focused on “supporting mothers and policies that advance Prenatal Care, access to Birth Control.”

Republican Position on Family Values

Republican Position on Gender

Recent Legislative Actions

  • Advocates for parental rights in their children’s education.
  • Supports the Protection of Women and Girls in Sports Act, which states that “it is a violation of Title IX of the Education Amendments of 1972 for federally funded education programs or activities to operate, sponsor, or facilitate athletic programs or activities that allow individuals of the male sex to participate in programs or activities that are designated for women or girls.”
  • Response to Gender Discrimination:
    Opposes the use of federal funding for "any school pushing critical race theory, radical gender ideology, and other inappropriate racial, sexual, or political content on our children."
    Advocates for the reversal of Title IX Education Regulations.
  • Promoting Gender Equity in Education:
    Advocates for the rights of women and girls to be restored.
    Supports schools that teach children fundamental subjects, such as Reading, History, Science, and Math.

Sources:

  • Pew Research Center. (2019). Views of Government and the Nation. Retrieved from pewresearch.org.
  • Family Research & Advocacy (FRLA). (n.d.). Republican Legislative Actions and Positions. Retrieved from frtl.org.
  • U.S. Congress. (2023). House Bill 26 - Born-Alive Abortion Survivors Protection Act. Retrieved from https://www.congress.gov/bill/118th-congress/house-bill/26.
  • Ballotpedia. (2024). The Republican Party Platform, 2024. Retrieved from ballotpedia.org.
  • Congress.gov. (2023). Protection of Women and Girls in Sports Act. Retrieved from congress.gov.
  • Investor.gov. (n.d.). Investor Bulletin: Updated 16. Retrieved from investor.gov.
  • Brennan Center for Justice. "Roe v. Wade and Supreme Court Abortion Cases." Accessed October 28, 2024. brennancenter.org

Abortion-Related Measures on the 2024 Ballot

Since 1970, abortion has been a statewide ballot measure topic. The 2024 election takes place on November 5th and has the most abortion-related ballot measures on record for a single year. Of the 11 abortion-related ballot measures, ten propose measures to establish state constitutional rights to abortion, and one would impose a time limit on when abortions can be performed.

 

Arizona

Abortion is legal up to 15 weeks (about 3 and a half months) gestational age.

Proposition 139 aims to:

  • Prohibit policies that prevent access to abortion before fetal viability.
  • Prohibit policies that prevent access to abortion after fetal viability in cases where a healthcare provider determines that the patient’s life or health is at stake.
  • Prohibit persons who exercise their right to abortion to be penalized.

Proposition 139 will ask voters if abortion before the point of fetal viability should be a fundamental right that every Arizona state member has.

 

Colorado

Abortion is legal throughout pregnancy.

Initiative 89, titled, “Right to Abortion,” proposes that Article II of the Colorado Constriction adds section 32. This new section would lift restrictions on health insurance coverage for abortion and deny the government from discriminating against the right to abortion.

Initiative 89, Right to Abortion, will ask voters if the use of public funds for abortion should be a fundamental right that every Colorado state member has.

 

Florida

Abortion is legal up to six weeks.

Amendment 4 proposes that government interference in abortion access be prohibited before fetal viability (about six months of pregnancy) or when the patient’s health is at stake.

Amendment 4 will ask voters if abortion before the point of viability should be a fundamental right that every Florida state member has.

 

Maryland

Abortion is legal throughout pregnancy.

A referendum put the “Right to Reproductive Freedom Act” before voters in March of 2023. Question 1 aims to reify the right to “reproductive freedom” by preventing the state from interfering in the right to abortion.

Question 1 will ask voters if they amend the Maryland Constitution to establish a right to reproductive freedom, hence additional abortion rights.

 

Missouri

Abortion is banned except for a few limited circumstances.

If Amendment 3 is approved, then abortion would be legalized up to fetal viability and there would be exceptions for patients later in pregnancy if the mental or physical health of the patient is at stake.

Amendment 3 will ask voters to amend the Missouri Constitution to provide the right to "reproductive freedom."

 

Montana

Abortion is legal up to fetal viability.

If Constitutional Initiative 128 (CI-128) is approved, then abortion will be permitted throughout the entire pregnancy if a healthcare professional says it is medically indicated.

Constitutional Initiative 128 (CI-128) will ask voters to amend the Montana Constitution to extend the right to make decisions about pregnancy.

 

Nebraska

Abortion is legal up to12 weeks (about three months).

Initiative 439 was proposed by Protect Our Rights to amend the Nebraska state constitution to recognize a right to abortion up to fetal viability.

Protect Women and Children launched Initiative 434 as a counterargument, and it proposes that the Nebraska state constitution continues to ban abortion at 12 weeks (about three months).

The proposal by Protect Our Rights will ask voters if they amend the Nebraska state constitution to recognize a right to abortion up to viability.

The proposal by Protect Women and Children will ask voters if the Nebraska state constitution should keep abortion illegal after 12 weeks.

 

Nevada

Abortion is legal up to 24 weeks (about five and a half months) since fertilization.

If approved, Question 6 will make it more difficult for lawmakers to modify the rights they secured in 1990. Additionally, this law would protect the right to access abortion up to fetal viability, or later if necessary to protect the patient.

Question 6 will ask voters to establish whether abortion should become a constitutional right.

 

New York

Abortion is legal up to 24 weeks.

Proposal 1 is a legislative referendum which proposes that discrimination based on sex would be banned and, if approved, “would also protect New Yorkers who seek access to reproductive healthcare from discrimination on that basis.”

Proposal 1 will ask voters if they want to add an equal rights amendment to the New York constitution that prevents discrimination based on sex.

 

South Dakota

Abortion is banned with exception to a few limited circumstances.

If Amendment G is approved, then abortion would be legal during the first 12 weeks (about three months) of pregnancy and there would be exceptions if the patient's life or health were at stake later in pregnancy.

Amendment G will ask voters to provide a trimester framework for regulating abortion in the South Dakota Constitution.

 

Sources:

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