If passed, the amendment would have established a right to abortion in the Constitution of South Dakota up until approximately the beginning of the third trimester[nb 1] of pregnancy.

[2] The amendment failed to pass, making it the second referendum about abortion since Dobbs to come out as anti-abortion and preserve the state's ban.

[3] That Article VI of the Constitution of the State of South Dakota be amended by adding a NEW SECTION:[4] Before the end of the first trimester, the State may not regulate a pregnant woman's abortion decision and its effectuation, which must be left to the judgment of the pregnant woman.

[7] Munson was overruled less than a year later due to the United States Supreme Court's decision in Roe v.

[9] A year later, Governor Mike Rounds signed the Women's Health and Human Life Protection Act, a second total ban on abortion, into law.

[11] In June 2022, Planned Parenthood announced it would no longer provide abortion services in the state due to the pending decision in Dobbs v. Jackson Women's Health Organization.

[13] In 2022, Dakotans for Health, the group sponsoring the initiative, filed the amendment with Steve Barnett, the then-South Dakota Secretary of State.

Before the organizers submitted the required signatures for the initiative, South Dakota's governor Kristi Noem had garnered controversy for her position on the state's abortion ban.

"[18] Shortly after this post, Noem reaffirmed this belief by saying, "The people will vote and they’ll decide what our state [abortion] law looks like...We get so much arguing and finger pointing.