(The Center Square) - Nevada voters are considering an amendment to enshrine abortion rights into the state constitution.
Supporters for the amendment, which is on the Nov. 3 ballot, have said it would reinforce existing law and protect against future limitations on abortion rights, while opponents argued there are inconsistencies between current state abortion law and the proposed amendment, including a definition of fetal viability.
Both sides said women’s health was on the ballot. The Center Square took a look at the issue as early voting in the state begins this week.
The ballot measure, known as Question 6, reads, “Should the Nevada Constitution be amended to create an individual’s fundamental right to an abortion, without interference by state or local governments, whenever the abortion is performed by a qualified healthcare professional until fetal viability or when necessary to protect the health or life of the pregnant individual at any point during the pregnancy?”
Voters passed Question 6 by 64.4% to 35.6% in 2024, but under Nevada law, constitutional amendments must pass in two consecutive elections. There was no statewide election in 2025.
If passed, the amendment has the potential to make current abortion laws unconstitutional, and changing the laws deemed unconstitutional could require some taxpayer-funded money. What isn't known is how much, according to a ballot measure guide from the Secretary of State's Office. The initiative petition stated that the constitutional amendment's financial impact of the potential law was unknown and would not be known until its passage.
The Secretary of State’s Office, which oversees elections, did not respond to The Center Square's request for further comments about the potential cost for taxpayers.
In the meantime, opponents and proponents of the constitutional amendment are passionate with their arguments.
“This is a big change we're going to make, and if we get it wrong in Nevada – it's going to be very hard to change it or to fix it,” Melissa Clement, executive director for the pro-life organization Nevada Right to Life, told The Center Square.
Abortion within 24 weeks of the start of a pregnancy is the current legal period in Nevada. This is commonly considered to be within the fetal viability period that is between 23 and 25 weeks, which weighs the likelihood a fetus will survive outside the womb without extreme care, according to the American College of Obstetricians and Gynecologists.
While current Nevada law specifies that abortion is legal within the first 24 weeks, Question 6 changes this to read until "fetal viability." The measure does not say how many weeks precede fetal viability. But the Secretary of State's Office says in its guide on ballot measures, “ '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.”
Both current law and the amendment would allow for later exceptions if an abortion is necessary for the woman’s life or health.
Support for the constitutional amendment was expressed by Denise Lopez, director of Nevada campaigns for Reproductive Freedom for All, a pro-choice organization.
“Nevadans should not have to wonder whether their freedom will disappear with the next election,” Lopez said in a statement in September. “Anti-abortion politicians are once again ignoring decades of evidence to push abortion out of reach, but by voting YES on question 6 this November, we can put the strongest possible state protections for abortion into our constitution.”
Reproductive Freedom for All and another pro-choice organization, Planned Parenthood, did not respond to interview requests from The Center Square.
Both pro-life and pro-choice organizations have argued the opposite side would put women’s health in danger.
Clement said the amendment would decrease regulation for abortions in the state at a risk to women who undergo the procedures. She also stressed the amendment’s lack of detail on parental involvement and its potential to allow for more abortions after 24 weeks, expressing concern that there could be financial motivations to allow for later-stage abortions.
Reproductive Freedom for All has said the change would prevent future deterioration of abortion rights in the state, which would come at a risk to women’s health.
Both sides see Question 6 as part of a wider national movement on abortion.
The amendment comes after the 2022 U.S. Supreme Court decision that overturned the decades-long national abortions rights protections that existed under Roe v. Wade.
Across the country, states have split on the issue. Twelve states currently have constitutional protections for abortion, while 13 have fully banned abortions since the 2022 decision, according to the health nonprofit KFF and the Center for Reproductive Rights.
With the vote soon approaching, Clement said she was, “very nervous.” She highlighted how the opposition campaign had received far fewer funds at less than $12,000 for the 2026 vote compared to the more than $815,000 in support of the amendment as of the most recent campaign filing in mid July, according to the Secretary of State’s Office.
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