Across the country, state constitutions are becoming the new battleground for women’s rights, covering everything from abortion and reproductive healthcare to equal protection and voting access. Advocates on all sides are bypassing legislatures and bringing policy directly to voters through constitutional amendments, which are far harder to undo than ordinary laws.
In November 2026, voters in Nevada, Virginia, Wisconsin, Missouri, and North Carolina will weigh in on amendments with major implications for women. Understanding how this process works and what is at stake is important for all voters.
What makes 2026 notable is not simply the number of amendments on the ballot but the types of issues being decided. Across multiple states, voters are being asked to weigh in directly on reproductive rights, voting access, marriage equality, and anti-discrimination protections—issues that increasingly shape women’s daily lives.
Some of the amendments would expand protections, while others would limit or repeal existing rights. Together, they offer a snapshot of how differently states are approaching questions involving healthcare, representation, and equality.
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 A regular law can be repealed by a simple legislative majority, even with a single vote, after an election shifts the balance of power.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.
Since the U.S. Supreme Court’s 2022 Dobbs v. Jackson Women’s Health Organization decision eliminated the federal constitutional right to abortion, state constitutions have become the primary line of defense, or offense, for reproductive rights. But the stakes extend beyond abortion. Voting access, equal protection, marriage equality, and access to education are all being decided at the state level, often through constitutional amendments placed on ballots by either legislators or citizen petition drives.
For women, particularly those who are Black, Latina, disabled, or LGBTQ+, these state-level fights are not abstract. They determine what healthcare is available, who can vote, and whether courts will have a constitutional mandate to protect against discrimination.
According to the League of Women Voters, voter photo ID laws, which have been and are currently on state ballots, are particularly costly and burdensome for women in part because roughly 90 percent of women change their legal name upon marriage or divorce. According to the Brennan Center, 11 percent of eligible voters do not have a government-issued photo ID, and only 48 percent of voting-age women have a birth certificate that accurately reflects their current name.
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.
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
Constitutional amendments are often viewed as permanent, but their impact can unfold over years through court challenges, legislative responses, and future ballot measures.
As November approaches, voters in several states will be asked to make decisions that could shape women's rights long after the election itself is over.
The details vary by state, but several themes are emerging:
Explore WRDI’s 2026 election coverage for a deeper look at each state, including the specific amendments on the ballot.
(Explainer) How Constitutional Amendments Work (June 26)
Missouri – What to Watch in 2026 (June 26)
Nevada – What to Watch in 2026 (June 26)
North Carolina—What to Watch in 2026 (June 26)
Virginia – What to Watch in 2026 (June 26)
Wisconsin – What to Watch in 2026 (June 26)
Ballotpedia - State Ballot Measures Tracker
League of Women Voters - How Voter ID Laws Disproportionately Impact Women – And What We’re Doing About It
Sutherland Institute — Why State Constitutional Amendments and Statutes Both Matter
State Court Report — Putting State Equal Rights Amendments to Work
State Court Report — The Power of State Reproductive Freedom Amendments
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