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Ballots vs. Backlash: Trends, Threats, and the Future of Direct Democracy

Overview

As state legislatures across the country become more polarized, citizens are increasingly turning to direct democracy to protect fundamental rights and advance popular policies that elected officials refuse to address. But the success of recent initiatives, especially around issues like reproductive rights, has prompted a strong backlash from some state legislatures opposed to those efforts. Several states have recently passed new restrictions that make it harder for citizens to utilize direct democracy, in addition to trying to undo measures that voters have already approved.

This report examines how direct democracy works across the states and the ways in which state legislatures are trying to restrict these processes. Efforts to limit access to direct democracy raise serious concerns; by making it more difficult for citizens to exercise rights guaranteed in state constitutions, public trust is undermined and our democratic institutions are weakened.

Important Note — any discussion of the citizen initiative process and its impacts must grapple with an underlying tension: while initiatives have often served as a vehicle for the expansion of rights, they have also been used to restrict the rights of minority groups. Perhaps the most prominent example of this dynamic was the wave of bans on marriage and relationship recognition for same-sex couples that appeared on state ballots in the early 2000s. The initiative process has also been used to pass strict voter ID policies, anti-immigrant policies, and other restrictive measures. While some of these trends eventually shifted along with public opinion, it is important to acknowledge the question of whether such fundamental rights should be beyond the reach of a simple majority vote.


Additional Resources

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Recommended citations

Movement Advancement Project. November 2025. Ballots vs. Backlash: Trends, Threats, and the Future of Direct Democracy.  www.mapresearch.org/2025-direct-democracy-report.

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Sexual Orientation Policy Tally

The term “sexual orientation” is loosely defined as a person’s pattern of romantic or sexual attraction to people of the opposite sex or gender, the same sex or gender, or more than one sex or gender. Laws that explicitly mention sexual orientation primarily protect or harm lesbian, gay, and bisexual people. That said, transgender people who are lesbian, gay or bisexual can be affected by laws that explicitly mention sexual orientation.

Gender Identity Policy Tally

“Gender identity” is a person’s deeply-felt inner sense of being male, female, or something else or in-between. “Gender expression” refers to a person’s characteristics and behaviors such as appearance, dress, mannerisms and speech patterns that can be described as masculine, feminine, or something else. Gender identity and expression are independent of sexual orientation, and transgender people may identify as heterosexual, lesbian, gay or bisexual. Laws that explicitly mention “gender identity” or “gender identity and expression” primarily protect or harm transgender people. These laws also can apply to people who are not transgender, but whose sense of gender or manner of dress does not adhere to gender stereotypes.

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