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What you should know about the 2022 state ballot initiatives

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November 11, 2022

During the recent midterm election, voters across the country voted on more than 100 ballot initiatives, several of which affect a number of social issues. Here are some of the main decisions on issues of special concern to ERLC.

Initiatives related to abortion

Five states had initiatives that were related to adding or removing restrictions on abortion.

California — Pro-abortion | Passed

Proposition 1 amends the state constitution to prohibit the state from interfering with or denying an individual’s reproductive freedom, which is defined to include a right to an abortion and a right to contraceptives.

Kentucky — Pro-life | Failed

Amendment 2 supported amending the Kentucky Constitution to state that nothing in the state constitution creates a right to abortion or requires government funding for abortion. This measure would have prohibited Kentucky courts from interpreting the state constitution in a way that requires protecting abortion or state funding for abortion.

Michigan — Pro-abortion | Passed

Michigan Proposal 3, the Right to Reproductive Freedom Initiative, provides a state constitutional right to “reproductive freedom, which is defined as ‘the right to make and effectuate decisions about all matters relating to pregnancy, including but not limited to prenatal care, childbirth, postpartum care, contraception, sterilization, abortion care, miscarriage management, and infertility care.’”

Montana — Pro-life | Pending

Montana LR-131, the Medical Care Requirements for Born-Alive Infants Measure, establishes that  “infants born alive at any stage of development are legal persons; require medical care to be provided to infants born alive after an induced labor, cesarean section, attempted abortion, or another method; and establish a $50,000 fine and/or 20 years in prison as the maximum penalty for violating the law.”

Vermont — Pro-abortion | Passed

Vermont Proposal 5, the Right to Personal Reproductive Autonomy Amendment, amends the Vermont Constitution to add language protecting the right to “personal reproductive autonomy” and prohibiting government infringement unless justified by a compelling state interest. This initiative further codifies protections for abortion in the state and could be interpreted by state courts to require state funding for abortions, gender transformation surgery, sterilizations (even of minors), and a range of other “reproductive” procedures.

Initiatives related to legalization of marijuana 

Five states had initiatives that would legalize recreational use of marijuana.

Arkansas — Failed 

Issue 4 would have legalized the possession and use of marijuana by adults 21 and older, and authorized the cultivation and sale of marijuana by licensed commercial facilities.

Maryland — Passed 

Question 4 legalized the use of marijuana by adults 21 and older.

Missouri — Passed 

Amendment 3 removes existing state prohibitions on marijuana and legalizes the purchase, possession, consumption, use, delivery, manufacture, and sale of marijuana for personal use for adults 21 and older. It also allows individuals with certain marijuana-related offenses to be released from prison, parole, or probation.

North Dakota — Failed 

Measure 2 would have legalized the production, processing, sale, and possession of marijuana by adults 21 and older.

South Dakota — Failed 

Measure 27 would have legalized the production, processing, sale, and possession of marijuana by adults 21 and older.

Initiatives related to sports betting

Only one state in this election had initiatives related to sports betting. 

California  — Failed 

Proposition 26 would have allowed in-person sports betting at tribal casinos and licensed racetracks. Proposition 27 would ​​have allowed tribes and gambling companies to offer online and mobile sports betting, and imposed a 10% tax on revenue.

Initiatives related to slavery and indentured servitude

Five states had ballot initiative that would change their state constitutions to prohibit slavery and involuntary servitude as punishment for crime. 

Alabama — Passed

The Alabama Recompiled Constitution Ratification Question made several changes, including “removing all racist language.” The removed language included: “That no form of slavery shall exist in this state; and there shall not be any involuntary servitude, otherwise than for the punishment of crime, of which the party shall have been duly convicted.”

Louisiana — Failed

Amendment 7 would have removed language from the state constitution that allows involuntary servitude as punishment for a crime; and added language to say that the section of the constitution prohibiting slavery and involuntary servitude “does not apply to the otherwise lawful administration of criminal justice.” State Rep. Edmond Jordan, a Democrat from Baton Rouge and author of the amendment, reportedly asked voters to reject the measure because its wording on the ballot differed from his proposal.

Oregon — Passed

Measure 112 repealed language from the state constitution that allows the use of slavery and involuntary servitude as criminal punishments and added language that authorizes an Oregon court or a probation or parole agency to order alternatives to incarceration for a convicted individual as part of their sentencing. 

Tennessee — Passed

Constitutional Amendment 3 amended the state constitution to remove language that allows the use of slavery and involuntary servitude as criminal punishments and replace it with the statement, “Slavery and involuntary servitude are forever prohibited.”

Vermont — Passed

Proposal 2 amends the state constitution to repeal language stating that persons can be held as servants, slaves, or apprentices with the person’s consent or “for the payments of debts, damages, fines, costs, or the like” and adds “slavery and indentured servitude in any form are prohibited.” 

Article 12: The Future of AI

We affirm that AI will continue to be developed in ways that we cannot currently imagine or understand, including AI that will far surpass many human abilities. God alone has the power to create life, and no future advancements in AI will usurp Him as the Creator of life. The church has a unique role in proclaiming human dignity for all and calling for the humane use of AI in all aspects of society.

We deny that AI will make us more or less human, or that AI will ever obtain a coequal level of worth, dignity, or value to image-bearers. Future advancements in AI will not ultimately fulfill our longings for a perfect world. While we are not able to comprehend or know the future, we do not fear what is to come because we know that God is omniscient and that nothing we create will be able to thwart His redemptive plan for creation or to supplant humanity as His image-bearers.

Genesis 1; Isaiah 42:8; Romans 1:20-21; 5:2; Ephesians 1:4-6; 2 Timothy 1:7-9; Revelation 5:9-10

Article 11: Public Policy

We affirm that the fundamental purposes of government are to protect human beings from harm, punish those who do evil, uphold civil liberties, and to commend those who do good. The public has a role in shaping and crafting policies concerning the use of AI in society, and these decisions should not be left to those who develop these technologies or to governments to set norms.

We deny that AI should be used by governments, corporations, or any entity to infringe upon God-given human rights. AI, even in a highly advanced state, should never be delegated the governing authority that has been granted by an all-sovereign God to human beings alone. 

Romans 13:1-7; Acts 10:35; 1 Peter 2:13-14

Article 10: War

We affirm that the use of AI in warfare should be governed by love of neighbor and the principles of just war. The use of AI may mitigate the loss of human life, provide greater protection of non-combatants, and inform better policymaking. Any lethal action conducted or substantially enabled by AI must employ 5 human oversight or review. All defense-related AI applications, such as underlying data and decision-making processes, must be subject to continual review by legitimate authorities. When these systems are deployed, human agents bear full moral responsibility for any actions taken by the system.

We deny that human agency or moral culpability in war can be delegated to AI. No nation or group has the right to use AI to carry out genocide, terrorism, torture, or other war crimes.

Genesis 4:10; Isaiah 1:16-17; Psalm 37:28; Matthew 5:44; 22:37-39; Romans 13:4

Article 9: Security

We affirm that AI has legitimate applications in policing, intelligence, surveillance, investigation, and other uses supporting the government’s responsibility to respect human rights, to protect and preserve human life, and to pursue justice in a flourishing society.

We deny that AI should be employed for safety and security applications in ways that seek to dehumanize, depersonalize, or harm our fellow human beings. We condemn the use of AI to suppress free expression or other basic human rights granted by God to all human beings.

Romans 13:1-7; 1 Peter 2:13-14

Article 8: Data & Privacy

We affirm that privacy and personal property are intertwined individual rights and choices that should not be violated by governments, corporations, nation-states, and other groups, even in the pursuit of the common good. While God knows all things, it is neither wise nor obligatory to have every detail of one’s life open to society.

We deny the manipulative and coercive uses of data and AI in ways that are inconsistent with the love of God and love of neighbor. Data collection practices should conform to ethical guidelines that uphold the dignity of all people. We further deny that consent, even informed consent, although requisite, is the only necessary ethical standard for the collection, manipulation, or exploitation of personal data—individually or in the aggregate. AI should not be employed in ways that distort truth through the use of generative applications. Data should not be mishandled, misused, or abused for sinful purposes to reinforce bias, strengthen the powerful, or demean the weak.

Exodus 20:15, Psalm 147:5; Isaiah 40:13-14; Matthew 10:16 Galatians 6:2; Hebrews 4:12-13; 1 John 1:7 

Article 7: Work

We affirm that work is part of God’s plan for human beings participating in the cultivation and stewardship of creation. The divine pattern is one of labor and rest in healthy proportion to each other. Our view of work should not be confined to commercial activity; it must also include the many ways that human beings serve each other through their efforts. AI can be used in ways that aid our work or allow us to make fuller use of our gifts. The church has a Spirit-empowered responsibility to help care for those who lose jobs and to encourage individuals, communities, employers, and governments to find ways to invest in the development of human beings and continue making vocational contributions to our lives together.

We deny that human worth and dignity is reducible to an individual’s economic contributions to society alone. Humanity should not use AI and other technological innovations as a reason to move toward lives of pure leisure even if greater social wealth creates such possibilities.

Genesis 1:27; 2:5; 2:15; Isaiah 65:21-24; Romans 12:6-8; Ephesians 4:11-16

Article 6: Sexuality

We affirm the goodness of God’s design for human sexuality which prescribes the sexual union to be an exclusive relationship between a man and a woman in the lifelong covenant of marriage.

We deny that the pursuit of sexual pleasure is a justification for the development or use of AI, and we condemn the objectification of humans that results from employing AI for sexual purposes. AI should not intrude upon or substitute for the biblical expression of sexuality between a husband and wife according to God’s design for human marriage.

Genesis 1:26-29; 2:18-25; Matthew 5:27-30; 1 Thess 4:3-4

Article 5: Bias

We affirm that, as a tool created by humans, AI will be inherently subject to bias and that these biases must be accounted for, minimized, or removed through continual human oversight and discretion. AI should be designed and used in such ways that treat all human beings as having equal worth and dignity. AI should be utilized as a tool to identify and eliminate bias inherent in human decision-making.

We deny that AI should be designed or used in ways that violate the fundamental principle of human dignity for all people. Neither should AI be used in ways that reinforce or further any ideology or agenda, seeking to subjugate human autonomy under the power of the state.

Micah 6:8; John 13:34; Galatians 3:28-29; 5:13-14; Philippians 2:3-4; Romans 12:10

Article 4: Medicine

We affirm that AI-related advances in medical technologies are expressions of God’s common grace through and for people created in His image and that these advances will increase our capacity to provide enhanced medical diagnostics and therapeutic interventions as we seek to care for all people. These advances should be guided by basic principles of medical ethics, including beneficence, non-maleficence, autonomy, and justice, which are all consistent with the biblical principle of loving our neighbor.

We deny that death and disease—effects of the Fall—can ultimately be eradicated apart from Jesus Christ. Utilitarian applications regarding healthcare distribution should not override the dignity of human life. Fur- 3 thermore, we reject the materialist and consequentialist worldview that understands medical applications of AI as a means of improving, changing, or completing human beings.

Matthew 5:45; John 11:25-26; 1 Corinthians 15:55-57; Galatians 6:2; Philippians 2:4

Article 3: Relationship of AI & Humanity

We affirm the use of AI to inform and aid human reasoning and moral decision-making because it is a tool that excels at processing data and making determinations, which often mimics or exceeds human ability. While AI excels in data-based computation, technology is incapable of possessing the capacity for moral agency or responsibility.

We deny that humans can or should cede our moral accountability or responsibilities to any form of AI that will ever be created. Only humanity will be judged by God on the basis of our actions and that of the tools we create. While technology can be created with a moral use in view, it is not a moral agent. Humans alone bear the responsibility for moral decision making.

Romans 2:6-8; Galatians 5:19-21; 2 Peter 1:5-8; 1 John 2:1

Article 2: AI as Technology

We affirm that the development of AI is a demonstration of the unique creative abilities of human beings. When AI is employed in accordance with God’s moral will, it is an example of man’s obedience to the divine command to steward creation and to honor Him. We believe in innovation for the glory of God, the sake of human flourishing, and the love of neighbor. While we acknowledge the reality of the Fall and its consequences on human nature and human innovation, technology can be used in society to uphold human dignity. As a part of our God-given creative nature, human beings should develop and harness technology in ways that lead to greater flourishing and the alleviation of human suffering.

We deny that the use of AI is morally neutral. It is not worthy of man’s hope, worship, or love. Since the Lord Jesus alone can atone for sin and reconcile humanity to its Creator, technology such as AI cannot fulfill humanity’s ultimate needs. We further deny the goodness and benefit of any application of AI that devalues or degrades the dignity and worth of another human being. 

Genesis 2:25; Exodus 20:3; 31:1-11; Proverbs 16:4; Matthew 22:37-40; Romans 3:23

Article 1: Image of God

We affirm that God created each human being in His image with intrinsic and equal worth, dignity, and moral agency, distinct from all creation, and that humanity’s creativity is intended to reflect God’s creative pattern.

We deny that any part of creation, including any form of technology, should ever be used to usurp or subvert the dominion and stewardship which has been entrusted solely to humanity by God; nor should technology be assigned a level of human identity, worth, dignity, or moral agency.

Genesis 1:26-28; 5:1-2; Isaiah 43:6-7; Jeremiah 1:5; John 13:34; Colossians 1:16; 3:10; Ephesians 4:24