Voters in South Dakota rejected a proposition to establish a constitutional right to abortion, becoming the second state to vote “no” on an abortion rights referendum following the Supreme Court’s decision to overturn Roe v. Wade in 2022.
Constitutional Amendment G needed a simple majority to pass, but the vote against the amendment led by 61% compared to 39% in favor when the Associated Press called the race as of just before 3 a.m. Eastern time Wednesday, with 65% of the vote counted.
During the 2022 and 2023 elections, all abortion rights amendments put forward in state referendums passed. This election, though, Florida’s abortion rights amendment became the first in the nation to fail, with Amendment 4 failing to get the supermajority of 60%.
The vote against Amendment G in South Dakota is the second time since Dobbs v. Jackson Women’s Health Organization that an abortion rights amendment failed the popular vote.
Current state law prohibits abortion during any stage of pregnancy except to save the life of the mother. The Mount Rushmore State is one of the nine that has no exceptions for survivors of rape or incest.
The abortion-rights amendment was still conservative compared to the others on the ballot in nine states across the country.
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Amendment G would have established an unabridged right to an abortion during the first trimester (or the first 12 weeks). Under the amendment, the state could regulate abortion during the second trimester, weeks 13 to 27, “only in ways that are reasonably related to the physical health of the pregnant woman.”
South Dakota was one of the many states that had a trigger law established before Roe was overturned, which allowed the state’s abortion ban to take effect immediately after the Dobbs decision.