Voters will consider Question 6 again on November 3, following its initial approval in 2024. This proposed constitutional amendment aims to establish a fundamental right to abortion up to the point of fetal viability within the state. Importantly, the language of Question 6 "does not mention minors or parental notification" regarding abortion services.
The amendment specifies that the state would only be permitted to restrict this established right if such restrictions are necessary to protect the health of the person seeking care, and only if implemented through the least restrictive means available. This framework outlines the parameters under which the state could legislate regarding abortion, but it remains silent on the specific issue of minors and parental involvement.
Nevada currently has a 1985 law on its books that mandates either parental notification or a judge's approval for a minor to obtain an abortion. This law has experienced a fluctuating legal status over recent years. Initially, the 1985 parental notification statute had been blocked in federal court, preventing its enforcement. However, a federal district court judge subsequently allowed the law to take effect, with an anticipated effective date in 2025.
The legal landscape shifted again in May 2026 when the Nevada Supreme Court intervened. The state's highest court unanimously ordered a lower court to block the 1985 law once more. The Supreme Court's ruling indicated that the law was likely unconstitutionally vague, providing the basis for its renewed injunction.
Regarding the interplay between Question 6 and existing regulations for minors, Assm. David Orentlicher, a UNLV law professor, has offered clarification. Orentlicher stated that the passage of Question 6 would not interfere with a new law that enables minors to seek a judge's approval as an alternative to notifying their parents about an abortion. This suggests that even if Question 6 passes, the judicial bypass mechanism for minors could remain in place.
Question 6, having been approved by voters in 2024, requires a second affirmative vote on November 3 to be officially enshrined in the state's constitution. The amendment focuses on the broad right to abortion until fetal viability and the conditions under which the state may regulate it, without explicitly addressing the parental notification issue for minors.