Right to Abortion Initiative

Nevada's law is already pro-abortion. Abortion is currently legal in Nevada through 24 weeks (NRS 442.250), and that law cannot be repealed without going to the citizens through a ballot initiative.

If Question 6 is approved, abortion will move from being protected by legal statute to being considered a person's "fundamental right" enshrined in the state's constitution.

Removing something from Nevada's state constitution is very difficult. It would require pro-life advocates to garner enough signatures to bring a new amendment to the ballot, and gain a majority of support at two consecutive cycles.

Nevada Question 6 is a citizen initiated constitutional amendment.

Article 19, Section 2 of the Nevada Constitution stipulates that an initiated constitutional amendment must be approved by voters at two consecutive general elections before becoming part of the state constitution.

Question 6 received its first approval on November 5, 2024, with 64.36% voter support. If approved again on November 3, 2026, it "shall... become a part of this Constitution upon completion of the canvass of votes by the Supreme Court."

The necessary threshold to approve Question 6 is 50%.

According to the amendment text, fetal viability is "the point in pregnancy when... there is a significant likelihood of the fetus' sustained survival outside the uterus without the application of extraordinary medical measures."

This is a deeply unsettling and subjective definition. Not only does it allow for the abortion of babies who may be able to survive if given proper medical treatment, but it lacks objective criteria for determination. According to the text, whether a baby is determined to be viable is left up to "the professional judgment of the patient's treating health care practitioner."

Grounding the viability of an unborn child in the health care practitioner's opinion has grave consequences. If he wants the child to be non-viable, then he can rule that way. If he wants the child to be viable, he can rule that way.

Nevada Question 6 does not define who qualifies as a "health care practitioner."

Current Nevada law stipulates that an abortion should be performed by "a physician licensed to practice" (NRS 442.250) in the state. But the language of this amendment is much broader, opening the possibility that practitioners other than physicians (see NRS 629.031) could perform abortions, provided those individuals are deemed "qualified."

Yes. The amendment text states an abortion is permitted after the point of fetal viability if it is "needed to protect the life or health of the pregnant patient."

But since health is not defined in the measure, it includes the possibility that a late-term abortion of a baby who could survive on his own outside the womb could be administered on the basis of a woman's _mental health—_as decided by the professional opinion of her licensed professional counselor.

If Question 6 is approved and abortion is enshrined a fundamental right, then it "shall not be denied, burdened, or infringed upon unless justified by a compelling state interest that is achieved by the least restrictive means."

By limiting any attempt to restrict an abortion to a narrowly defined term like compelling state interests, this amendment ensures that virtually any attempt to restrict abortions would fail.

What exactly qualifies as a compelling state interest is unclear, except that it is "limited exclusively to the state’s interest in protecting, maintaining, or improving the health of an individual who is seeking abortion care."

Notice that this definition is narrowly defined to include only the interests of the one seeking the abortion. It would restrict the pro-life movement from citing the health of the unborn child as a compelling state interest to curb abortions.

This amendment is silent on minors seeking abortions. They are treated just like any other individual seeking an abortion. Unlike other states which require the written consent of a parent for a child seeking an abortion, Nevada Question 6 would allow a child to receive an abortion without ever speaking with a parent or guardian.

Sadly, this measure makes children more vulnerable to sexual abuse and human trafficking. Consider that an abuser could impregnate a child, drive the child to an abortion clinic, and force that child to get an abortion—without the child's parents ever knowing.

Existing Nevada law allows Medicaid to cover abortions. And since this measure is silent on public funding for abortion, that practice will continue.