November 2, 2026:

In the 2026 midterm election, nine states have ballot measures asking voters to consider abortion access, LGBTQ+ rights, and non-discrimination initiatives. 

An estimated 29 million people will weigh whether to amend their state constitutions to protect or ban abortion, bar trans kids from playing on sports teams that align with their gender identities, or provide equal protection under the law.

Election Day is Nov. 3, 2026. 

About half of U.S. states allow citizens to initiate ballot measures to make changes to the state constitution. Ballot measures can also be introduced by the legislature in many states. 

In the two years following the Supreme Court’s overturn of Roe v. Wade, 14 states brought forth ballot measures to expand abortion access, overturn trigger bans (laws that took effect automatically upon the end of Roe), or implement abortion restrictions. 

Multiple states also have anti-trans initiatives on the ballot this year, largely focusing on whether kids should be allowed to play on sports teams that align with their gender identities rather than assigned sex at birth. It’s a revival of a 1990s-era tactic of putting anti-LGBTQ+ policies to voters: At least 40 marriage equality-related ballot initiatives were presented to voters between 1994 and 2012, according to the Movement Advancement Project.

Some states, like Virginia and Nebraska, have constitutional amendments on the ballot that mirror existing state law; overturning a constitutional amendment is much more difficult than repealing a law. 

Rewire News Group is tracking ten ballot measures in nine states during the 2026 midterm elections, and we’ll be covering the results live on Election Day. Here are the races that most affect reproductive justice this year.

Nevada

Nevada Question 6 would amend the state constitution to create a fundamental right to abortion without state or local government interference until the point of fetal viability, which is typically considered to occur around 24 to 26 weeks. Abortion would be allowed after that point to protect the life or health of the pregnant person. 

It also stipulates that the abortion care would need to be performed “by a qualified health-care professional.”

The state already passed the ballot measure once in 2024; in the Silver State, constitutional amendments must pass twice to become law. 

Abortion in Nevada is currently legal until about 24 weeks, and after 24 weeks if a physician determines it’s necessary to protect their life or health. Abortions must be provided by a licensed doctor. 

Read more: Nevada’s Abortion Landscape is Changing As Midterms Ballot Measure Nears

Virginia

Virginians will vote on two reproductive justice measures this year.

Virginia Question 1 would add a right to reproductive freedom—including abortion, prenatal and postpartum care, contraception, childbirth, and fertility care—into the state constitution. The ballot measure would still allow Virginia to regulate abortion during the third trimester with exceptions for an unviable pregnancy, or to protect the pregnant person’s life, mental health, or physical health.

The bill essentially enshrines the existing abortion law into the state constitution. Currently, abortion is legal in Virginia until the third trimester, with limited exceptions after that point. It also requires parental consent and notification when minors seek abortion care. 

Read more: Virginia to Put Abortion Access On the Ballot

Virginia Question 2 would remove from the state constitution a ban on same-sex marriage and add language affirming that “marriage is one of the vital personal rights essential to the orderly pursuit of happiness.” The law became void when the Supreme Court recognized same-sex marriage in its 2015 Obergefell v. Hodges decision. A “yes” on Question 2 would take it off the books. 

If Question 2 passes, the commonwealth would also not be able to deny marriage licenses based on people’s race, sex, or gender. 

Missouri

Missouri Amendment 3 would repeal the 2024 constitutional right to reproductive freedom passed by voters in 2024. It would instate a near-total abortion ban with limited exceptions, and only allow abortions up to 12 weeks in cases of rape or incest. The ballot measure also aims to ban gender-affirming care for minors. 

Missouri voters passed a ballot measure in 2024—also called Amendment 3—to add abortion protections until the point of fetal viability to the state constitution. Parental consent and notification is still required for minors seeking abortion care. 

State law already prevents minors from getting gender-affirming care in Missouri. Adding a ban to the state constitution would make that law much more difficult to undo in the future.

Read more: How Missouri’s Amendment 3 Could Ban Abortion—Again

Idaho

Idaho Proposition 1 aims to constitutionally protect abortion until the point of fetal viability, which is generally considered to be between 24 to 26 weeks. If passed, the amendment would also permit abortion after the point of fetal viability in cases of medical emergencies that threaten the life or health of the pregnant person. 

Idaho currently has a total abortion ban with limited exceptions to protect the life of the pregnant person.

Prop 1 would create a “right to privacy” to make decisions regarding contraception, fertility treatment, prenatal and postpartum care, and miscarriage care. The amendment would protect patients, health-care providers, and anyone who assists someone in getting an abortion from being penalized by the state.

Read more: Idaho Moms and Grandmothers Are Taking the Fight for Abortion Rights to Their Neighbors’ Doors

Arizona

Arizona Proposition 318 seeks to ban the use of restrooms, locker rooms, showers, or other private spaces that don’t align with the user’s sex assigned at birth in schools and private athletic associations.

If passed, it would explicitly define sex as the “biological status as male or female as recorded at birth on the individual’s original birth certificate.” It would also prevent girls from participating on boys’ sports teams, and ban trans athletes from playing in private athletic leagues, like Little League.

Arizona already bans people assigned male at birth from participating on girls’ sports teams, and trans athletes cannot play on teams that align with their gender identities in public schools, including state universities. 

In 2022, then-Gov. Doug Ducey passed the “Save Women’s Sports Act,” which banned trans girls from participating on girls’ sports teams. Two transgender girls sued, and in 2024, the 9th Circuit Court of Appeals upheld a lower-court decision blocking the anti-trans law. 

In June 2026, however, the U.S. Supreme Court ruled that states could restrict trans athletes’ participation in school sports. The Arizona Superintendent of Public Instruction, Tom Horne, declared that Arizona could now enforce the law.

Read more: Supreme Court Appears Likely to Uphold Trans Athlete Bans: Analysis

Colorado

Colorado Proposition 134, a citizen-led initiative, would enshrine into Colorado’s constitution that all school sports teams, from elementary to university, must be separated and designated by participants’ assigned sex at birth. 

If passed, this amendment would prevent trans people from participating on sports teams that align with their gender identities. It would also require schools to enact policies to enforce the law, and prevent schools from being investigated or penalized for doing so.

Colorado currently allows trans students to participate on school sports teams that align with their gender identities, though Colorado Public Radio reported this policy is not uniform across the state. 

Nebraska

Nebraska Measure 442 would amend the state constitution to mandate separating school sports teams by sex assigned at birth (or designate a coed team), and prevent trans girls from participating on girls’ sports teams. 

In 2025, the state passed a law requiring students to participate on sports teams that align with their assigned sex at birth, rather than their gender identity. A “yes” vote on Measure 442 would codify this in the state constitution. 

Washington

Washington Initiative 638 would bar anyone not assigned female at birth from participating on girls’ sports teams affiliated with schools and nonprofits. Opponents of the ballot measure say it would compel students to have their health-care provider verify their sex assigned at birth with a genital exam before joining a girls’ sports team.

The existing Washington state law requires sports and other recreational activities to “be offered to all students without regard for sex,” according to Ballotpedia. A teenager in the state, along with her mother, in October 2026 petitioned the U.S. Supreme Court to prevent trans kids from playing on girls’ sports teams after a lower court rejected the teen’s bid.

Vermont

Vermont Proposal 4 would amend the state constitution to say that no one can be denied equal protection under the law on the basis of race, ethnicity, sex, religion, disability, sexual orientation, gender identity, gender expression, or national origin. It aims to protect people from undue discrimination. Right now, the Vermont Constitution doesn’t explicitly include an equal protection clause. 

Source

Source link