Wait—I thought abortion was protected in Nevada? Here’s the real story

Wait—I thought abortion was protected in Nevada? Here’s the real story

In 2024, Nevadans overwhelmingly voted to pass “Question 6” at the ballot box. Question 6 was the “Right to Abortion Initiative,” and by voting for it, almost a million Nevadans said they believed all individuals in the state should have the fundamental right to an abortion until the time of fetal viability (around 24 weeks). Beyond that time, voters said, abortions should be legal in those rare instances when a health care provider believes one would save the health or life of the patient.

But that was just the first step. In order for Nevadans to lock those protections into the state constitution, state law says they need to pass Question 6 twice. The next vote on Question 6 will be in 2026.

Until then, abortion is protected by state law in Nevada, but those protections do not exist in the state’s constitution.

What’s legal now?

State law permits any person in Nevada to have a legal abortion performed by a licensed provider within the first 24 weeks of pregnancy. Emergency abortions after 24 weeks are also legal if they’ll save the health or life of the patient.

So why is Question 6 necessary?

If state law currently protects abortion, why is it necessary for voters to pass them as a constitutional amendment?

First, in 2024, local Republicans attempted to keep Question 6 off the ballot—but were rejected by the Nevada State Supreme Court. The Nevada Republican Party also applauded when the US Supreme Court overturned Roe v. Wade. 

State laws in Nevada can be changed easier than constitutional amendments. Voters legalized abortion through a referendum in 1990. That state law could be undone with another voter referendum. If abortion were to be protected under a constitutional amendment it would be significantly more difficult to undo.

Passing Question 6 also sends a strong message about Nevada’s commitment to reproductive rights, for now and for the future generations in the state.