As Dobbs decision turns 2, a look at where abortion protections stand in Nevada

The U.S. Supreme Court’s landmark ruling in Dobbs v. Jackson Women’s Health Organization two years ago has brought an onslaught of attacks on reproductive health care that has been felt even in states like Nevada where the right to an abortion is still protected at the state level.

On May 20, Nevadans for Reproductive Freedom turned in more than 200,000 signatures to qualify a proposed abortion rights constitutional amendment ballot question for the November general election. The amount of signatures, which were gathered over three months this year, is well over the 102,362 required.

The group confirmed Monday they are still waiting for signature verification and certification of their proposed ballot measure. Counties have until 11:59 p.m. on Thursday to complete the signature verification process, according to the Nevada Secretary of State’s Office.

The right to an abortion is currently protected in Nevada through state law, which voters approved via a 1990 referendum. Changing that law, which mirrors the protections that were maintained nationwide by Roe v Wade for nearly five decades, would require a direct vote of Nevadans.

However, putting the protection directly into the state constitution would offer a higher level of protection, say advocates, which is important in a post-Dobbs political climate.

Constitutional amendments proposed through an initiative petition must be passed by voters twice, meaning if voters approve the measure later this year, they will need to approve it again in 2026 before it can go into effect.

Nevadans for Reproductive Freedom on Monday released an endorsement letter for their ballot measure signed by more than 175 medical professionals in the state.

Dr. Philip Malinas, a psychiatrist in Reno, was one of providers who signed the letter endorsing the proposed constitutional amendment. He shared that he’d recently spoken to a woman who described the day she found out she was pregnant as “the happiest day of her life” and later miscarried.

“She told me had she had to wait months to pass the fetal remains, or until she got so sick and near death that she’d qualify for abortion care, she would have felt like killing herself,” he said. “We’ve seen the harm these bans cause.”

Additional protections

According to an analysis released Monday by the Center for Democracy & Technology, Nevada is one of 17 states that bars state agencies from assisting out-of-state investigations centered on activities like abortion that are legal within the state. After the fall of Roe v. Wade, states like Idaho, Texas and Alabama with strict abortion bans have passed legislation aimed at patients who seek abortion care in states where it is still legal, as well as people who assist those seeking out-of-state abortions.

In Nevada, those protections were originally put in place in early 2022 via an executive order issued by Democratic Gov. Steve Sisolak. They were put into law by the Nevada State Legislature and Republican Gov. Joe Lombardo during the 2023 session.

Nevada last year also established a data privacy law prohibiting the collection, use or sharing of health data without a consumer’s consent and the use of geofencing within 1,750 feet of a healthcare facility. The law was inspired by concerns that states with severe abortion laws might attempt to access data stored within people’s menstrual cycle or fitness apps.

Some states have embraced additional types of shield laws, notes the Center for Democracy & Technology.

Some states have banned private companies from disclosing protected health data even when they receive warrants, court orders and subpoenas. Some barred judges from issuing subpoenas to out-of-state agencies requesting information related to reproductive health care services.

Lawmakers have also passed laws to protect patients and providers of gender-affirming care. Some states, including Texas, have passed laws to restrict access to gender-affirming care within their borders and allow for the revocation of licenses for health care providers who provide the care.

Nevada Democrats last year passed a bill that would have prohibited health care licensing boards from disqualifying or disciplining a provider for offering gender-affirming care and prohibited the governor from surrendering a person charged with a criminal violation in another state for receiving gender-affirming services in Nevada. Lombardo vetoed the bill.

State Sen. James Ohrenschall (D-Las Vegas), who sponsored the gender-affirming shield law bill, has already vowed to reintroduce the bill in the 2025 session.

An election issue

Think Big America, a nonprofit established in 2022 by Illinois Gov. J.B. Pritzker to support and broaden abortion rights across the country, announced Monday they would launch a six-figure digital ad buy highlighting the negative impacts of severe abortion restrictions that have gone into place following the fall of Roe. The ad will run on YouTube and connected television platforms in Nevada and other swing states.

The ad is not Think Big America’s first foray into Nevada. The nonprofit has contributed more than $1 million to the Nevadans for Reproductive Freedom PAC in support of the proposed ballot initiative.

Nationwide, The Center for Reproductive Rights, National Women’s Law Center, American Civil Liberties Union and several other organizations announced Monday they’re putting at least $100 million toward building “a long-term federal strategy to codify the right to abortion, including lobbying efforts, grassroots organizing, public education, and comprehensive communication strategies to mobilize support and enact change.” 

“Anti-abortion lawmakers have already banned or severely restricted abortion in 21 states with devastating consequences, and they won’t stop until they can force a nationwide ban on abortion and push care out of reach entirely, even in states that have protected abortion access,” they wrote.

Polling from the Pew Research Center conducted earlier this year shows that 63% of Americans support abortion access being legal in all or most cases, while 36% say it should be illegal in most or all cases.

The polling shows that Democrats and Republicans hold views in both directions, with 41% of Republicans and 85% of Democrats saying it should be legal in most or all cases, while 57% of Republicans and 14% of Democrats say it should be illegal in most or all cases. 

The issue, as well as Biden and Trump’s records on abortion, are likely to be a central part of the first presidential debate on Thursday, just three days after the two-year anniversary of the Dobbs ruling.  

States Newsroom reporter Jennifer Shutt contributed to this report.

[Editor’s Note: This article has been updated to include information on the signature verification deadline.]