The proposed Arkansas Right to Abortion Initiative could significantly impact women’s reproductive rights in Arkansas. If approved, it would allow abortion for up to 18 weeks after fertilization, providing more access than the current near-total ban. Exceptions would permit abortions in cases of rape, incest, fatal fetal anomaly, and to protect the health of the mother.
The current abortion law in Arkansas bans nearly all abortions except when necessary to save the life of the mother. Doctors who perform abortions face up to 10 years in prison and fines of up to $100,000. Notably, there are no exceptions for cases of rape or incest. Following the U.S. Supreme Court’s decision to overturn Roe v. Wade in the case of Dobbs v. Jackson Women’s Health Organization, Arkansas began enforcing a trigger ban that prohibits abortion at all stages of pregnancy.
In the late 1960s and early 1970s, Arkansas, along with several other states, reformed their abortion laws, providing more detailed medical guidance on when therapeutic abortions could be performed. By the end of the 1800s, all states except Louisiana had therapeutic exceptions in their legislative bans on abortions. In 1988, an amendment to the Arkansas state constitution expressed the policy to protect the life of every unborn child from conception until birth, to the extent permitted by the Federal Constitution.
Over the years, Arkansas has implemented various abortion restrictions, including the current near-total ban. However, the proposed amendment seeks to provide more comprehensive access to abortion services.
The backers of the measure have submitted over 100,000 signatures, surpassing the threshold needed to qualify for the November 2024 ballot. If approved, it would prevent the state government from restricting or delaying abortion access within 18 weeks of fertilization. Advocates argue it’s a step toward reproductive autonomy, while opponents believe it undermines existing restrictions.
Ultimately, the outcome of this initiative will shape the landscape of reproductive rights in Arkansas. The proposed amendment represents a significant shift from the state’s stringent abortion laws, aiming to balance restrictions with exceptions that address various circumstances. The decision lies in the hands of Arkansas voters this November.