Since the U.S. Supreme Court's decision last month gave states permission to ban abortion, the details of various state constitutions will be important in guiding what actions come next in state legislatures and courts.
Employers need to understand the constitutional protections of the states they operate in, which can get tricky when state laws contradict each other.
Eleven states indirectly protect abortion rights in their state constitutions, or have struck down abortion restrictions that the U.S. Supreme Court has upheld, according to a recent legal analysis from the Center for Reproductive Rights, a New York City-based legal advocacy organization.
Among them are:
- Alaska.
- Arizona.
- California.
- Florida.
- Iowa.
- Kansas.
- Massachusetts.
- Minnesota.
- Montana.
- New Jersey.
- New Mexico.
"Each state has a unique constitution and court system that is free to protect reproductive autonomy under novel legal theories and rights that the federal constitution may not currently recognize or secure," the legal analysis states.
No state explicitly names a right to abortion in its constitution. In November, voters in California and Vermont will decide on ballot measures to amend their state constitutions to guarantee personal reproductive autonomy.
In contrast, ballot measures in Kansas and Kentucky this year would amend their state constitutions to say they do not provide a personal right to abortion or a requirement for state funding for abortion. Through ballot initiatives, Alabama,...
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