Posts by jlieditors
Volume 43, Issue 1 (2025)
Cuba’s 2022 Family Code: A Different Model for Social Progress
By Buchanan Waller*
In September, a large majority of Cuban voters approved a referendum to legalize same-sex marriage.[1] This referendum included a series of amendments to the “Family Code” of the Cuban Constitution.[2] These amendments also included legalizing same-sex adoption, prohibiting corporal punishment, allowing for surrogate pregnancies, and generally creating more expansive definitions of “family” under the law.[3] The complete draft of the 2022 Family Code contains 471 articles and is over 100 pages long.[4] The success of the referendum has established Cuba as one of the most socially progressive countries in Latin America, if not the entire world.
The first major law governing family policy in Cuba was the Spanish Civil Code of 1889, which enshrined the second-class treatment of both women and “illegitimate” children. This civil code was modified several times after Spain lost colonial control of Cuba and was completely overhauled after the 1959 revolution.
Following the revolution, Fidel Castro’s government persecuted Cuba’s gay population through police raids and sentencing to labor camps for periods of three years.[5] In 1975, Cuba established a Family Code as part of the new post-revolutionary constitution.[6] While the 1975 Family Code guaranteed equal rights between men and women, it also explicitly prohibited same-sex marriage.[7]
In 2018, Cuba’s legislature approved a new constitution which defined marriage as “a social and legal institution” without specifying a requirement of “one man and one woman,” as the old family code did.[8] This language ended the explicit constitutional prohibition on same-sex marriage without actually legalizing it.[9] President Miguel Diaz-Canel, himself a supporter of same-sex marriage, proposed a referendum to allow Cuban voters to decide the issue.[10] The proposal for a referendum was adopted.[11] Some Cubans opposed the referendum, arguing LGBT rights should be protected by the government without the need for a referendum.[12] Others believed same-sex marriage would enjoy more popular legitimacy if it was voted for by the people, instead of being imposed by a single-party state.[13]
Public Participation in Creating the Family Code
While Cuba’s government is derided as dictatorial by Western media and politicians, the 2022 Family Code was passed through a remarkably democratic process.
A draft of the proposed amendments was first published on September 15, 2021, just over one year before the vote was set to take place.[14] Over the next year, a series of public meetings were held to discuss, debate, and submit revisions to the draft of the amendments.[15] Over 6 million Cuban people (out of a total population of 11 million) attended town hall meetings during this process.[16] Over 70,000 meetings were held in total.[17] Over 300,000 suggestions were made by the public, which led to modifications to 48% of the provisions in the original draft.[18]When the final draft of the new Family Code was presented in June, it was the 25th version.[19]
Groups from widely differing parts of Cuban society participated in the revision process. LGBT activists, including those from the Cuban National Sex Education Center (CENESEX), played a prominent role.[20] Another prominent player was the Committees for the Defense of the Revolution (CDR). These groups were neighborhood councils established following the 1959 Revolution, and previously had a notable role in promoting the government’s literacy campaign. CDR promoted neighborhood meetings and organized participation in the referendum process.
Other groups, including the Catholic Church, were also allowed to participate in the process.[21] The Catholic Church and a growing number of evangelical churches were among the biggest opponents of the 2022 Family Code.[22] However, they were given the opportunity to participate in the drafting process.[23]
This democratic process of drafting the Family Code was largely ignored by the Western press in the leadup to the vote on September 15th. A Reuters report predicted the referendum supporters faced “an uphill battle” due to the island’s “machista” culture.[24] However, 74.2% of Cuban voters cast a ballot for the referendum, with 66.8% voting “yes” to approve the 2022 Family Code.[25] Same-sex marriage and other policies that support LGBT rights, women’s rights, children’s rights, and the rights of the elderly now have the stamp of approval of the Cuban people.
A Model for the United States?
The U.S. outlets who covered the 2022 Family Code referendum often referred to it as “unusual.”[26] It is indeed hard to imagine Americans approving same-sex marriage and other reforms through a referendum. It is nearly impossible to imagine over half of the American population participating in town hall meetings to draft and refine the referendum and turning out in massive numbers to vote on it. The 74% voter turnout for the 2022 Family Code referendum was larger than in any national election in American history.[27]
In the United States, equality under the law is often not voted on. Referendums only take place at the state and local level. The Supreme Court legalized abortion in 1973 by a vote of 7-2, and then un-legalized it in 2022 by a vote of 6-3.[28] The Supreme Court legalized same-sex marriage in 2015 by a vote of 5-4, and has indicated this decision may be tenuous.[29] While campaigning in 2008, Barack Obama promised he would pass legislation to codify abortion rights, but never made any attempt to follow through on this promise, despite his party having large majorities in both the House and Senate.[30] These major decisions which reflect our country’s values are rarely decided by any democratic process. This creates a weak foundation for the social progress our country has made. It also creates a legitimate grievance for those who oppose these changes and feel massive changes have been made to their country without their consultation, leading to further cultural pushback.
Referendums at the state and local level have reflected social progress on issues including abortion, same-sex marriage, and drug legalization.[31] However, corporate interests have been successful in watering down these gains. In 2020, Uber, Lyft, and other gig work companies spent over $200 million to defeat a referendum which would have extended labor protections to their workers.[32] In 2021, St. Paul voted on a rent control referendum. Supporters of the referendum spent $300,000 on the campaign while opponents, largely through an out-of-state consulting firm, spent over $4 million.[33] Even after the ordinance passed with 53% approval, the St. Paul City Council voted 5-2 to effectively gut the ordinance.[34]
These examples demonstrate major obstacles Americans will need to overcome to utilize referendums as a tool for creating greater equality under the law at the state and local level. Cubans simply did not have to contend with moneyed interests pouring billions of dollars into their elections. They approved the 2022 Family Code because it is what their people wanted. This was not an easy process. The successful result is the culmination of a long struggle, beginning in 1959. To win the country they wanted, Cuba had to contend not only with sexism and homophobia in Cuba, but also with a devastating U.S. blockade and a campaign of U.S.-sponsored terrorism.[35]
Americans should be inspired by the 2022 Family Code vote. However, if we want to emulate Cuba – and we should – it won’t be easy. It will require a mass mobilization, good faith among all participants, and an elimination of influence large financial interests have on our politics. Just like in Cuba, it won’t be easy. Nothing worthwhile ever is.
[1] Mark Frank, Cubans Approve Gay Marriage by Large Margin in Referendum, Reuters (Sept. 27, 2022, 9:07 AM), https://www.reuters.com/world/americas/cubans-approve-gay-marriage-by-large-margin-referendum-2022-09-26/.
[2] Christiana Mesquita, Cuba Holds Unusual Vote on Law Allowing Same-Sex Marriage, AP News (Sept. 26, 2022), https://apnews.com/article/religion-cuba-caribbean-gay-rights-69dbfba5ead550e919294ceca401d82a.
[3] Id.
[4] Id.
[5] See Rafael Ocasio, Gays and the Cuban Revolution: The Case of Reinaldo Arenas, 29 Latin Am. Persp. 78-98 (2002) (describing the tactics Castro’s government used to suppress gay people following the revolution and throughout the 1960s); See also BBC News, Fidel Castro Takes Blame for Persecution of Cuban Gays (Aug. 31, 2010), https://www.bbc.com/news/world-latin-america-11147157 (“If someone is responsible, it’s me.”).
[6] Cuban Family Code, Mar. 8, 1975, (Cuba).
[7] Id. at ch. 1, art. 2.
[8] Charlotte Mitchell, Cuban President Miguel Diaz-Canel Backs Same-Sex Marriage, Al Jazeera (Sept. 17, 2018), https://www.aljazeera.com/news/2018/9/17/cuban-president-miguel-diaz-canel-backs-same-sex-marriage.
[9] Id.
[10] Id.
[11] Id.
[12] Id.
[13] Id.
[14] Sarah Marsh, Cuba Publishes Draft Family Code that Opens the Door to Gay Marriage, Reuters (Sept. 15, 2021, 6:12 PM), https://www.reuters.com/world/americas/cuba-publishes-draft-family-code-that-opens-door-gay-marriage-2021-09-15/.
[15] Dave Sherwood, Cubans Head to Polls to Vote on Government-Sponsored Code to Legalize Gay Marriage, Adoption, Reuters (Sept. 25, 2022, 4:41 PM), https://www.reuters.com/world/americas/cubans-head-polls-vote-govt-sponsored-code-legalize-gay-marriage-adoption-2022-09-25/.
[16] Julia Conley, In “Unprecedented Democratic Exercise,” Cubans Approve Inclusive Family Code, Common Dreams (Sept. 26, 2022), https://www.commondreams.org/news/2022/09/26/unprecedented-democratic-exercise-cubans-approve-inclusive-family-code.
[17] Id.
[18] Id.
[19] Id.
[20] See C.J. Atkins, Draft Family Code Brings Cuba Closer to Same-Sex Marriage Equality, People’s World (Sept. 17, 2021), https://www.peoplesworld.org/article/draft-family-code-brings-cuba-closer-to-same-sex-marriage-equality/ (describing the history of LGBT rights in Cuba and the role played by CENESEX leader Mariela Castro, the daughter of Raul Castro).
[21] Mesquita, supra note 2; See also On Cuba News, Catholic Bishops of Cuba Express Discrepancies with Family Code (Sept. 14, 2022) (discussing the opposition of Cuba’s Catholic leaders to the portions of the new Code which promoted “gender ideology,” same-sex marriage, and same-sex adoption. The Catholic church also urged its followers to participate in the referendum, saying that voting no “would not mean the impossibility of continuing to work on a new Code [with] all aspects positive that this law contains.” The church identified the positive aspects as the portions concerning “the protection of the elderly, children, the disabled and the vulnerable.”).
[22] Mesquita, supra note 2.
[23] Id.
[24] Mark Frank, Cubans Split over New Family Code as Referendum Nears, Reuters (Mar. 30, 2022, 6:19 AM), https://www.reuters.com/world/americas/cubans-split-over-more-liberal-family-code-referendum-nears-2022-03-30/ (citing to three unnamed experts to assert the referendum faced steep opposition).
[25] Conley, Supra notes 16–19.
[26] See Mesquita, Supra note 2.
[27] See United States House of Representatives, Election Statistics: 1920 to Present (last visited Oct. 5, 2022), https://history.house.gov/Institution/Election-Statistics/Election-Statistics/.
[28] See Roe v. Wade, 410 U.S. 113 (1973); Dobbs v. Jackson Women’s Health Org., 141 S. Ct. 2228 (2022).
[29] See Dobbs at 2301 (Thomas, J., concurring) (arguing the Supreme Court should revisit the Obergefell decision).
[30] See Sheryl Stolberg, On Abortion, Obama is Drawn into Debate He Hoped to Avoid, N.Y. Times (May 14, 2009), https://www.nytimes.com/2009/05/15/us/politics/15abortion.html.
[31] Annie Gowen, How Abortion Rights Organizers Won in Kansas, Wash. Post (Aug. 3, 2022, 7:48 P.M.), https://www.washingtonpost.com/nation/2022/08/03/kansas-abortion-amendment/; see also Mona Zhang and Paul Demko, Where Cannabis Legalization Efforts Stand Across the Country, POLITICO (August 3, 2022, 4:30 A.M.), https://www.politico.com/news/2022/08/03/cannabis-legalization-efforts-across-the-states-00049224 (arguing direct referendums had been more successful than state legislatures at legalizing marijuana).
[32] Graham Rapier, Uber, Lyft, and Doordash Have Now Spent more than $200 million on Prop 22, Business Insider (Oct. 30, 2020), https://www.businessinsider.com/uber-doordash-lyft-prop-22-spending-200-million-close-polling-2020-10.
[33] John Slade, Big Money Scores Big with St. Paul Council’s Plan to Gut Rent Stabilization, Minn. Reformer (Sept. 20, 2022, 5:45 A.M.), https://minnesotareformer.com/2022/09/20/big-money-scores-big-with-plan-to-gut-st-pauls-rent-stabilization/.
[34] Id.
[35] See generally Ed Augustin, Sixty Years after U.S. Embargo, Its Imprint Affects Cubans’ Daily Lives, NBC News (Feb. 4, 2022, 3:59 A.M.), https://www.nbcnews.com/news/latino/sixty-years-us-embargo-imprint-affects-cubans-daily-lives-rcna14719 (detailing the effects of the U.S. embargo on everyday Cubans); see generally Andrew Bacevich, Washington Rules: America’s Path to Permanent War 77-80 (2010) (detailing Operation Mongoose, in which the Kennedy Administration engaged in “state-sponsored terrorism,” including bombings, crop burnings, and assassination attempts on Fidel Castro).
*Buchanan Waller is a staff member on the Journal of Law & Inequality, Vol. 41.
Telehealth Providers: A Temporary, Tenuous Solution for Post-Dobbs Access to Medication
By Lottie James*
On June 24, 2022, the Supreme Court issued the highly anticipated opinion for Dobbs v. Jackson Women’s Health Organization,[1] a case that would determine the constitutionality of pre-viability prohibitions on elective abortions.[2]In their opinion, the majority overruled two previous rulings—Roe v. Wade and Planned Parenthood v. Casey—by determining that the Constitution does not confer a right to abortion and that the authority to regulate abortion is given to the individual states.[3] Prior to the Dobbs decision, numerous states had trigger laws—laws that would automatically ban a majority of abortions in the first and second trimesters upon the overturning of Roe—and several states never repealed their pre-Roe abortion bans.[4] The overturning of Roe did not make abortion illegal throughout the entirety of the United States, but the number of states with trigger laws and pre-Roe abortion bans meant that a significant number of states in the United States began to restrict access to abortions almost immediately following the Dobbs decision.[5] To address the need for increased access to abortions following the Dobbs decision and the resulting imposition of severely limiting state laws, advocates for access to safe abortions worked to identify ways to give access to abortions to citizens of states with restrictive abortion laws, including using telehealth to provide medication abortions. While telehealth is a great source for providing healthcare to those without local access, telehealth will only be a temporary solution as states work to ban out-of-state shipments of medication abortion. While telehealth is unlikely to be a permanent tool for accessing safe medication abortions, the right to abortion care can be achieved by the passing of a Congressional bill that would provide broad, national protections for abortion access; signing of an executive order that would nationally provide for access to abortions; passing of state-specific constitutional amendments to enshrine the right to abortion care in a state’s constitution.
Following the Dobbs decision, many individuals seeking access to an abortion turned to telehealth providers; in fact, Melissa Grant, chief operating officer of carafem, a reproductive healthcare provider, stated that there was a 200 percent increase in telehealth abortions provided by carafem alone in the last year and that carafem expanded their telehealth offerings from five to fifteen states due to raising patient demand.[6] For those living in states that quickly restricted or banned access to abortions following the Dobbs decision, telehealth provided a much needed solution: access to abortions without having to endure the substantial costs of out-of-state travel.[7] Despite the many advantages of telehealth, such as relative ease of access and greater privacy, telehealth providers face significant structural hurdles in providing abortion care.[8] These structural difficulties include “low digital health literacy,” “limited interest access,” and lack of reimbursement for medication abortions.[9] These factors “create unnecessary barriers to care that mostly affect Black, Indigenous, and Latino communities, rural communities, and people with low income.”[10]
In addition to structural hurdles, telehealth providers must contend with a rapidly changing legal landscape that may vastly differ between states. Access to telehealth abortion care is subject to state law, just like access to abortions within the state itself.[11] As of June 2021, six states banned the use of telehealth for abortions.[12] While some states ban the use of telehealth for abortions directly, nineteen states require the physical presence of the prescribing clinician thus making telehealth providers unable to provide access to abortions through telehealth under the state law.[13] At this time, it is nearly impossible to state with any certainty what access to abortions through telehealth providers with look like as more states create their post-Dobbs abortion laws beyond stating that access to telehealth abortion care will likely become dependent upon locality just like the availability of other forms of abortion care. Realistically, people will not stop getting virtual abortions even if they live in a state that bans telehealth abortion access; however, it will make getting a medicine abortion through a telehealth provider harder and riskier.[14]
Given that access to telehealth abortions will depend on the laws of each state, telehealth providers will only be able to provide telehealth abortion care to individuals living in states that permit telehealth providers to proscribe medication abortions. It is probable, however, that the states that allow telehealth abortions will also be states that do not severely restrict access to abortions generally, so ultimately those who are most in need of telehealth abortion services due to a lack of resources in their state are the least likely to have access to telehealth abortions.
While telehealth abortions may not be the permanent solution for addressing the demand for medication abortions, there are several potential solutions—some federal and others at the state level. First, Congress could pass a bill that would enshrine broad protections for legal abortion access throughout the United States that would then be signed into law by the president. A CBS/YouGov poll found that 58% of people favor a federal law making abortion legal, so there is public support for a bill that would legalize abortion nationwide.[15] Despite public support for a federal law that would legalize access to abortions, the Women’s Health Protection Act, a bill led by Senate democrats, was not successful.[16] The bill, which was triggered by the leaked draft of Justice Alito’s Dobbs opinion,[17] may have failed, but Democrat leadership has stated that they will continue to highlight the issue of abortion ahead of the November 8th elections.[18] Following Catherine Cortez Masto’s successful Senate campaign in Arizona, the Democrats have secured the Senate majority, so it is likely that the Senate Democrats will work to pass a bill that would guarantee abortion access across the United States.[19] Due to the new Republican majority in the House of Representatives, however, it is highly unlikely that a bill guaranteeing access to abortions will pass both the Senate and the House of Representatives.[20] Depending on the ability of Democratic lawmakers to gain the support of their Republican colleagues, Congressional action to enshrine abortion rights may be more or less likely to be an avenue of recourse for those who have lost their abortion rights following Dobbs. In addition to congressional action, wide ranging protections for abortion rights may be possible by executive order. President Biden has already signed two executive orders relating to access to abortion care since the Dobbs decision,[21] but he has yet to sign an executive order that provides a broad legal right to abortion. President Biden has emphasized that Congress must codify abortion rights, so it is unlikely that President Biden will choose to pursue an executive order that broadly grants the right to an abortion.[22]
Public opinion is in support of access to abortion as demonstrated by Gallup’s findings that 52% of people living in the United States believe that abortion is morally acceptable.[23] To capture this majority public support, states have sought voter support for state amendments to formalize abortion rights within specific states.[24] In August, Kansas voters rejected a state amendment that “would have said there was no right to an abortion in the state.”[25] This victory in Kansas is a positive sign for additional abortion-related amendments on the ballot in November.[26] The number of abortion-related amendments on the ballot this year is unprecedented[27] with fives ballot measures through the United States, including ballot measures in Kentucky[28], California[29], Michigan[30], Montana[31] and Vermont[32] in addition to the Kansas amendment. In all five states, the voters either voted in favor of creating a constitutional right to abortion access or voted against an amendment that would explicitly state that there is no right to abortion.[33] Given that voters in all five states with ballot amendments in the November 8, 2022 election voted in favor of access to abortion,[34] either by adding the right to abortion access to a state’s constitution or rejecting amendments that would proscribe the right to abortion access, state ballot initiatives to enshrine the right to abortions into the state’s constitution will be the most probable and clear path to securing abortion rights, albeit on a state-by-state basis. While telehealth is not a permanent answer to abortion access, it is a temporary solution that will provide much needed reproductive healthcare to those living in states with severely restricted access to abortions until either federal law or a successful ballot amendment initiative to add the right to abortion access to a state’s constitution can be used to secure guaranteed access to abortion care.
[1] Dobbs v. Jackson Women’s Health Org., 142 S. Ct. 2228 (2022).
[2] Id. at 2243.
[3] Id. at 2283-84.
[4] See Elizabeth Nash & Isabel Guarnieri, 13 States Have Abortion Trigger Bans—Here’s What Happens When Roe Is Overturned, Guttmacher Institute, https://www.guttmacher.org/article/2022/06/13-states-have-abortion-trigger-bans-heres-what-happens-when-roe-overturned (June 6, 2022); see Abortion Policy in the Absence of Roe, Guttmacher Institute, https://www.guttmacher.org/state-policy/explore/abortion-policy-absence-roe (Nov. 1, 2022).
[5] See Sarah Knight, Wynne Davis, Kristin Gourlay, Carmel Wroth, Haidee Chu & Katie Daugert, Here’s where abortions are now banned or severely restricted, NPR, https://www.npr.org/sections/health-shots/2022/06/24/1107126432/abortion-bans-supreme-court-roe-v-wade (Oct. 11, 2022) (stating that Kentucky, Louisiana, South Dakota, Idaho, Tennessee, Texas, Arkansas, Mississippi, Missouri, North Dakota, Oklahoma, Utah, and Wyoming have restrictive abortion bans that were triggered by the overturning of Roe and stating that Wisconsin and Michigan still have their pre-Roe bans on abortion).
[6] Anuja Vaidya, Using Telehealth to Boost Abortion Access in a Post-Roe World, mHealth Intelligence, https://mhealthintelligence.com/features/using-telehealth-to-boost-abortion-access-in-a-post-roe-world (Oct. 13, 2022).
[7] Pien Huang & Mara Gordon, Telehealth abortion demand is soaring. But access may come down to where you live., NPR, https://www.npr.org/sections/health-shots/2022/05/20/1099179361/telehealth-abortions-are-simple-and-private-but-restricted-in-many-states (May 20, 2022).
[8] Vaidya, supra note 6.
[9] Id.
[10] Id.
[11] Ben Leonard, What’s next for virtual abortions post-Roe, Politico, https://www.politico.com/news/2022/06/24/whats-next-for-virtual-abortions-post-roe-00038085 (June 24, 2022).
[12] Emma Anderson, Alina Salganicoff & Laurie Sobel, State Restrictions on Telehealth Abortion, Kaiser Family Foundation, https://www.kff.org/womens-health-policy/slide/state-restrictions-on-telehealth-abortion/ (Dec. 02, 2021).
[13] Cong. Rsch. Serv., Medication Abortion: A Changing Legal Landscape (2002).
[14] Leonard, supra note 11.
[15] Jennifer De Pinto, Fred Backus & Anthony Salvanto, Most who support Roe see an overturn as a danger to women, other rights—CBS News poll, CBS News, https://www.cbsnews.com/news/roe-v-wade-supreme-court-overturn-opinion-poll-2022-05-08/ (May 9, 2022).
[16] Sahil Kapur, Senate Democrats’ bill to keep abortion legal nationwide falls to GOP-led filibuster, NBC News, https://www.nbcnews.com/news/senate-vote-nationwide-abortion-bill-ahead-roe-decision-rcna28183 (May 11, 2022).
[17] Read Justice Alito’s initial draft abortion opinion which would overturn Roe v. Wade, Politico, https://www.politico.com/news/2022/05/02/read-justice-alito-initial-abortion-opinion-overturn-roe-v-wade-pdf-00029504 (May 2, 2022).
[18] Pinto, supra note 15.
[19] Democrats keep the Senate, Politico, https://www.politico.com/news/2022/11/12/senate-control-midterm-elections-results-2022-00066547(Nov. 21, 2022).
[20] Republicans flip the House, Politico, https://www.politico.com/news/2022/11/16/house-control-midterm-elections-results-2022-00066546(Nov. 21, 2022).
[21] Exec. Order No. 14076, 87 C.F.R. 42053 (2022); Exec. Order No. 14079, 87 C.F.R. 49505 (2022); see FACT SHEET: President Biden to Sign Executive Order Protecting Access to Reproductive Health Care Services, The White House, https://www.whitehouse.gov/briefing-room/statements-releases/2022/07/08/fact-sheet-president-biden-to-sign-executive-order-protecting-access-to-reproductive-health-care-services/(July 8, 2022) (stating that President Biden’s first executive order includes: a directive to the Secretary of Health and Human Services to provide a report regarding protecting access to medication abortion, ensuring access to emergency medical care, and expanding access to contraception; a directive to the Secretary of HHS and the Chair of the FTC to protect consumers privacy when seeking reproductive health services; and the establishment of an interagency task force responsible for “coordinating Federal interagency policymaking and program development”); see FACT SHEET: President Biden Issues Executive Order at the First Meeting of the Task Force on Reproductive Healthcare Access, The White House, https://www.whitehouse.gov/briefing-room/statements-releases/2022/08/03/fact-sheet-president-biden-issues-executive-order-at-the-first-meeting-of-the-task-force-on-reproductive-healthcare-access-2/ (Aug. 3, 2022) (stating that President Biden’s second executive order includes: a directive to the Secretary of HHS to consider “action to advance access to reproductive healthcare services”, including for those who are traveling out of state; a directive to the Secretary of HHS to consider all appropriate action necessary to ensure that health care providers comply with non-discrimination laws; and an update on the interagency Task Force on Reproductive Healthcare Access).
[22] Juliana Kim, A new executive order aims to preserve abortion access, but its reach is limited, NPR, https://www.npr.org/2022/07/08/1110455155/abortion-rights-biden-executive-order (July 8, 2022).
[23] Megan Brenan, Americans Say Birth Control, Divorce Most “Morally Acceptable”, Gallup, https://news.gallup.com/poll/393515/americans-say-birth-control-divorce-morally-acceptable.aspx (June 9, 2022).
[24] Michelle Long, 2022 State Ballot Initiatives on Abortion Rights, Kaiser Family Foundation, https://www.kff.org/policy-watch/2022-state-ballot-initiatives-abortion-rights/ (Sep. 20, 2022).
[25] Dylan Lysen, Laura Ziegler & Blaise Mesa, Voters in Kansas decide to keep abortion legal in the state, rejecting an amendment, NPR, https://www.npr.org/sections/2022-live-primary-election-race-results/2022/08/02/1115317596/kansas-voters-abortion-legal-reject-constitutional-amendment (Aug. 3, 2022).
[26] Id.
[27] Sarah Lehr, A record-number of abortion related questions are on states’ ballots this year, NPR, https://www.npr.org/2022/07/13/1111244760/a-record-number-of-abortion-related-questions-are-on-states-ballots-this-year (July 20, 2022).
[28] Constitutional Amendment 2, H.B. 91, Ky. (2021).
[29] Proposition 1, S.C.A.10, Cal. (2022).
[30] Reproductive Freedom for All, Proposal 22-3, Mich. (2022).
[31] Medical Care Requirements for Born-Alive Infants Measure, LR-131, Mont. (2022).
[32] Right to Personal Reproductive Autonomy Amendment, Proposal 5, Vt. (2022).
[33] Abortion on the Ballot, The New York Times, https://www.nytimes.com/interactive/2022/11/08/us/elections/results-abortion.html (Nov. 21, 2022) (stating that the ballot initiative in Kentucky to amend the state constitution to explicitly state that abortion is not a right failed with 52.3% of voters voting against the amendment; the ballot initiative in Montana to enact a law that would make an infant of any gestational age a legal person and criminalize health care providers “who do not make every effort to save the life of an infant ‘born during an attempted abortion’” failed with 52.6% of voters voting against the amendment; and the ballot initiatives in Vermont, Michigan, and California to amend the state constitutions to include the right to abortion care passed with 76.8%, 56.7%, and 67% of the votes respectively).
[34] Id.
*Lottie James is a Managing Editor on the Journal of Law & Inequality Vol. 41.