The Arkansas Abortion Amendment is a citizen-led, proposed constitutional amendment. It would prevent the state from restricting access to abortion up to 18 weeks after fertilization or in the instance of rape or incest, fatal fetal anomaly, or when abortion is needed to protect the pregnant woman’s life or physical health. Below is the what voters will see on the ballot. You can view the full Amendment here.

Popular Name 

Arkansas Abortion Amendment of 2024 

Ballot Title 

An amendment to the Arkansas Constitution to change Arkansas law regarding abortion; current Arkansas law prohibits abortion except to save the life of the pregnant female in a medical emergency, and the current Arkansas Constitution does not restrict the State of Arkansas’s authority to regulate abortion services to protect the health and safety of the pregnant female or for other purposes; this amendment changes Arkansas law by amending the Arkansas Constitution to provide that the government of the State of Arkansas, its officers, or its political subdivisions shall not prohibit, penalize, delay, or restrict abortion services (1) in cases of rape, (2) in cases of incest, (3) in the event of a fatal fetal anomaly, or (4) when, in a physician’s good-faith medical judgment, abortion services are needed to protect a pregnant female’s life or to protect a pregnant female from a physical disorder, physical illness, or physical injury; to provide that the government of the State of Arkansas, its officers, or its political subdivisions shall not prohibit, penalize, delay, or restrict abortion services within 18 weeks of fertilization, which equates to approximately 20 weeks since the first day of the pregnant female’s last menstrual period; to define a “fatal fetal anomaly” as a medical condition diagnosed before birth that, in a physician’s good-faith medical judgment, will lead to fetal or neonatal death and for which life-saving medical intervention would be futile; to define “physical disorder, physical illness, or physical injury” to include, without limitation, (1) a life-endangering physical disorder, physical illness, or physical injury caused by or arising from the pregnancy itself and (2) any situation in which continuation of a pregnancy will create a serious risk of substantial impairment of a major bodily function of a pregnant female; to define “major bodily function” to include, without limitation, (1) functions of the immune system, (2) normal cell growth, (3) digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions, and (4) operation of an individual organ within a body system; to define “fertilization” as the fusion of a human spermatozoon with a human ovum; to define “abortion services” as medical interventions provided to a pregnant female to end the medical condition of pregnancy but not to include accidental or unintentional injury or death of an embryo or fetus before birth; to provide that abortions services assisted by a physician may be provided in a hospital, emergency department, a physician’s office or clinic, a surgery center, a free-standing birthing center, or other licensed healthcare facility; to provide that section 2 of Amendment 68 of the Arkansas Constitution is amended to add the phrase “and the Constitution of the State of Arkansas,” and would read as follows: “Section 2: Public Policy: The policy of Arkansas is to protect the life of every unborn child from conception until birth, to the extent permitted by the Federal Constitution and the Constitution of the State of Arkansas”; to declare that all provisions of the constitution, statutes, and common law of the State of Arkansas are null and void to the extent they conflict with any provision of this amendment; to provide that this amendment shall be self-executing; and to provide that any provision of this amendment that is held to be invalid shall be severable from the remaining provisions of this amendment.  

The Arkansas Constitution allows citizens to amend the Constitution through an initiated constitutional amendment, also known as a “ballot initiative” or “initiated act.” The legislature may also propose amendments. Either type of amendment must be voted on by the people in order to be enacted. Only 18 states have a process by which the people may propose amendments.

The process is outlined in detail below. In short, the language of the amendment must first be approved by the Attorney General. Nearly one hundred thousand signatures must then be collected across the state. Once signatures are collected and approved, the amendment goes to the people of Arkansas, who will cast their ballots for or against the amendment. You can read more about this process in the Secretary of State’s latest Initiatives and Referenda Handbook.

The Arkansas Abortion Amendment would prevent the state from restricting access to abortion up to 18 weeks after conception or in the instance of rape or incest, fatal fetal anomaly, or when abortion is needed to protect the pregnant woman’s life. 

When it comes to personal healthcare matters, Arkansans know what’s best for them, but lawmakers think the state knows better. Politicians have taken away our fundamental right to make personal healthcare decisions — matters that are deeply private and should be kept between a patient and their doctor. The government needs to stop dictating what’s best for families and let people make their own healthcare decisions. The Arkansas Abortion Amendment offers a compromise for everyone and a solution to the problem of government overreach in the area of reproductive healthcare.

Yes, Arkansans for Limited Government is made up of individual Arkansans and an Arkansas good-governance nonprofit. AFLG works to limit government overreach and restore personal liberties to every Arkansan. Currently, we are funded solely on the donations of grassroots funders. You can donate here.

Arkansans for Limited Government believes in the power of personal narrative to shape better policy and restore personal liberty. But because of the sensitive nature of reproductive healthcare, narratives on our site are anonymous. If an individual trusts us with their story, we change identifying information like names and locations to protect the privacy of individuals and their families.

No, Arkansans for Limited Government is not funded by any specific interest group. We are made up of citizens, physicians and healthcare providers,  grassroots organizers, faith leaders who are all committed to the restoration of personal liberty at the healthcare level. We seek to protect Arkansans’ freedoms to make their own private healthcare decisions.

There are three ways you can help get the Arkansas Abortion Amendment passed:

1. Donate to support its passage here
2. Pledge to sign the petition during phase 2
3. Sign up to stay informed and/or volunteer