Opponents of abortion rights are using parental rights and anti-transgender messages to try to undermine support for ballot proposals in nine states. The measures do not mention gender-affirming surgeries, but anti-abortion groups are hoping to rally conservative Christian voters by using this type of language. Legal experts say changing existing parental notification and consent laws regarding abortions and gender-affirming care for minors would require court action.
Voters in seven states, including conservative states like Kentucky, Montana, and Ohio, have either protected abortion rights or defeated attempts to curtail them. Anti-abortion groups are using the strategy of tying abortion-rights ballot initiatives to parental rights and gender-affirming care. Despite enshrining abortion rights in the state constitutions in Michigan and Ohio, the new amendments have not yet impacted parental involvement or gender-affirming care laws in either state, according to legal experts.
In Missouri, the abortion ballot measure has become a target as opponents claim that it would allow minors to get abortions and gender-affirming surgeries without parental involvement. However, several legal experts have stated that it would be unlikely for any court to consider gender-affirming care as reproductive health care. Most states have parental involvement laws for abortions and gender-affirming care for minors, including Democratic-leaning states with explicit protections for transgender rights.
In New York, a proposed amendment to the state constitution would expand antidiscrimination protections but does not mention abortion. Legal experts noted that it would not change existing state laws related to parental involvement in minors getting abortions or gender-affirming care. Anti-abortion groups have been spreading misinformation about the measure, claiming that it would cut out loving parents from decisions.
Despite campaign strategy failures in Michigan and Ohio, anti-abortion groups are still leaning on the same tactics for the November elections. Abortion-rights opponents see more favorable terrain in conservative states like Missouri or in states like Florida with higher thresholds for passing ballot measures. With the upcoming elections, these groups are still searching for a winning recipe to advance their agenda.
