Election: Nov. 3, 2026 (General)
Outcome: Pending
Categories:
AbortionThis amendment would establish a right to abortion in the Nevada Constitution until fetal viability, or "when to protect the life or health of the pregnant patient." The amendment would establish that this right cannot be denied, burdened, or infringed upon unless justified by a compelling state interest, which would be defined as "an interest which is limited exclusively to the states interest in protecting, maintaining, or improving the health of an individual who is seeking abortion care that is consistent with accepted clinical standards of practice."
Under Question 6, fetal viability would be defined as the point of pregnancy when "there is a significant likelihood of the fetus' sustained survival outside the uterus without the application of extraordinary medical measures," in the professional judgment of a health practitioner.
THE PEOPLE OF THE STATE OF NEVADA DO ENACT AS FOLLOWS
Sec. 1. That a new section, designated Section 25, be added to Article 1 of the Nevada Constitution to read as follows:
Sec. 1. All individuals shall have a fundamental right to abortion performed or administered by a qualified health care practitioner until fetal viability, or when needed to protect the life or health of the pregnant patient, without interference from the state or its political subdivisions. The right established by this section shall not be denied, burdened, or infringed upon unless justified by a compelling state interest that is achieved by the least restrictive means.
Sec. 2. As used in this section: A compelling state interest means an interest which is limited exclusively to the states interest in protecting, maintaining, or improving the health of an individual who is seeking abortion care that is consistent with accepted clinical standards of practice; and 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.
Sec. 2. Severability. If any part of this Act be declared invalid, or the application thereof to any person, thing or circumstance is held invalid, such invalidity shall not affect the remaining provisions or application of this Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are declared to be severable. This subsection shall be construed broadly to preserve and effectuate the declared purpose of this Act.