Constitutional amendments are one of the most powerful tools available to voters and lawmakers at the state level. Unlike ordinary legislation, constitutional amendments change the governing document itself, making them far more difficult to reverse or modify in the future.
In recent years, constitutional amendments have become an increasingly important way states address major policy debates, including reproductive rights, voting access, marriage equality, and anti-discrimination protections.
As more issues move from legislatures to statewide ballots, understanding how constitutional amendments work—and what they can and cannot accomplish—has become increasingly important for voters.
When rights are written into a state constitution rather than enacted as ordinary legislation, they become dramatically more durable. A regular law can be repealed by a simple legislative majority, even with a single vote, after an election shifts the balance of power. A constitutional amendment, by contrast, requires a supermajority of lawmakers or a new referendum before it can be changed.
For women navigating an uncertain federal landscape, that difference can mean the difference between a right that endures and one that evaporates.
As states increasingly use constitutional amendments to address issues affecting women, the outcome of a ballot measure can shape public policy for decades.
Amending state constitutions is not new. Over the course of our nation’s history, the 50 state constitutions have been amended roughly 7,000 times combined. In 2024, voters and legislators across 49 states approved a total of 75 amendments. The only state without a new amendment was Ohio.
Constitutional scholar John Dinan has argued that the relative ease of amending state constitutions has turned them into engines for social change across a wide range of issues, from religious liberty to reproductive rights.
Today, 29 states have constitutional language explicitly protecting against sex discrimination. This includes New York, which in 2024 passed one of the most expansive state Equal Rights Amendments in the country, prohibiting discrimination based on race, ethnicity, age, disability, sexual orientation, gender identity, and reproductive healthcare.
In every state, the legislature may propose constitutional amendments. In all states but Delaware, they must then go before voters for final approval.
In 17 states, citizens can bypass the legislature entirely and place amendments on the ballot by gathering enough petition signatures.
However, getting a citizen-initiated amendment onto the ballot is not cheap.
In 2024, campaigns spent a combined $172 million just on signature drives across 53 initiatives in 18 states, a record high and roughly 120% more than in 2016. The average cost of a single successful signature drive was $3.25 million, with campaigns paying an average of nearly $15 per required signature.
Signature gathering is only the beginning. Once a measure qualifies for the ballot, campaigns typically spend far more on the actual election fight—advertising, polling, legal challenges, and get-out-the-vote operations. High-stakes constitutional fights over reproductive rights and other contested issues routinely attract tens of millions of dollars from national advocacy groups, corporations, and wealthy donors on both sides.
This financial reality means that while the citizen initiative process is technically open to any organized group willing to knock on doors, organizations must be ready with resources to mount their statewide campaign.
Proponents argue that writing protections into state constitutions offers several advantages:
Critics warn that overusing constitutional amendments carries real risks:
Constitutional amendments are powerful, but they are not always the final word.
At the same time, even with the passage of an amendment, tides can shift and courts can and have weighed in on their validity or impact.
For example, the first state ballot measure election of 2026 was on April 21 in Virginia, where voters approved a constitutional amendment related to congressional redistricting. The Virginia Supreme Court overturned that ballot measure on May 8, even though voters had spoken.
Courts may still be asked to determine whether an amendment was adopted properly, whether it conflicts with other constitutional provisions, or how its language should be interpreted. As a result, constitutional amendments may represent the beginning of a legal and political process rather than the end.
Ballotpedia – Ballot Measure Signature Costs
Brennan Center for Justice — Constitutional Amendment Processes in 50 States
State Court Report — State Constitutions and Courts
ACS Law — Securing Rights in Every Community
Sutherland Institute — Why State Constitutional Amendments and Statutes Both Matter
NC Newsline — Amend With Caution: Why Constitutional Changes Are Rarely Necessary
State Court Report — Putting State Equal Rights Amendments to Work
State Court Report — The Power of State Reproductive Freedom Amendments
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