[Effective November 24, 2026, if the proposed addition is approved and ratified by the voters at the 2026 General Election.]
- 1. All individuals shall have a fundamental right to abortion performed or administered by a qualified health care practitioner until fetal viability, or when needed to protect the life or health of the pregnant patient, without interference from the state or its political subdivisions. The right established by this section shall not be denied, burdened, or infringed upon unless justified by a compelling state interest that is achieved by the least restrictive means.
- 2. As used in this section:
- (a) “Compelling state interest” means an interest which is limited exclusively to the state’s interest in protecting, maintaining, or improving the health of an individual who is seeking abortion care that is consistent with accepted clinical standards of practice.
- (b) “Fetal viability” means the point in pregnancy when, in the professional judgment of the patient’s treating health care practitioner, there is a significant likelihood of the fetus’ sustained survival outside the uterus without the application of extraordinary medical measures.
- 3. If any part of this section be declared invalid, or the application thereof to any person, thing or circumstance is held invalid, such invalidity shall not affect the remaining provisions or application of this section which can be given effect without the invalid provision or application, and to this end the provisions of this section are declared to be severable. This subsection shall be construed broadly to preserve and effectuate the declared purpose of this section.
(Addition proposed by initiative petition and approved and ratified by the voters at the 2024 General Election; effective November 24, 2026, if approved and ratified by the voters at the 2026 General Election.)