Democratic lawmakers and Gov. Wes Moore are pushing this legislative session to pass a constitutional amendment that would establish a “right to reproductive freedom” in the Maryland Constitution, a measure they say is necessary to permanently protect abortion access in the state.
Moore and Democratic leaders in both the House of Delegates and state Senate announced support Thursday for a constitutional amendment introduced this session, which would enshrine the right to an abortion and reproductive freedom in the state constitution.
If the measure passes with a 3/5ths majority in both chambers of the General Assembly, the measure would go before voters to ultimately decide if the state Constitution should be amended. Democrats currently hold a 102-39 majority in the House and a 34-13 majority in the Senate.
The right to an abortion is currently protected under Maryland law. Legislation passed by the General Assembly in 1991 outlined protections for abortion even if the U.S. Supreme Court ever ruled to allow restrictions. Voters approved the right to an abortion in a 62% vote on the ballot in 1992.
Following the Supreme Court’s action last summer to overturn Roe v. Wade, Democratic officials warned Thursday further action is needed to ensure reproductive rights are permanently enshrined in Maryland. Moore announced support for the constitutional amendment and other bills surrounding reproductive rights, pledging to sign the measures if they reach his desk.
“We’re going to make sure that Maryland is a safe haven for abortion rights long after I’m governor of this state.” Moore said during a press conference Thursday.
After Roe v. Wade was overturned, voters in three states – Vermont, Michigan and California – approved constitutional amendments establishing a right to reproductive freedom. Maryland lawmakers introduced a constitutional amendment last session to enshrine the right to an abortion in the state Constitution, but it failed to advance in the Senate.
Lawmakers voiced confidence Thursday, however, that the constitutional amendment can be passed through the General Assembly this session.
“In a post-Roe world, Maryland has a responsibility to lead and to become a beacon of freedom on the national stage,” Senate President Bill Ferguson said Thursday. “Enshrining reproductive freedom in our state’s constitution is the right thing to do to protect privacy over one’s own body.”
The constitutional amendment is included in a package of bills introduced in the General Assembly this session surrounding reproductive rights. Bills in the package include measures to protect patients who travel to Maryland for an abortion from facing criminal or civil actions from states with more restrictive abortion laws, and bills to require college campuses to develop reproductive health access plans and provide contraception to students.
Other bills in the package would increase privacy protections for medical records, which lawmakers hope will reduce the risk of prosecution for patients who travel from out of state to Maryland for reproductive health care.
Lawmakers on Thursday acknowledged neighboring state West Virginia has banned abortion with limited exceptions, meaning more women could travel to Maryland for an abortion as a result. House Speaker Adriane Jones, who is sponsoring the constitutional amendment for abortion protections, argued legislation must be passed so that abortion “can never be up for debate or used as a bargaining chip.”
“It doesn’t matter what Texas, West Virginia or any other state legislature does – they will never dictate what Maryland does,” Jones said Thursday.
Last year, the General Assembly overrode former Republican Gov. Larry Hogan’s veto on a bill that removed existing restrictions that only allowed physicians to perform abortions. The law removed existing restrictions that prevented nurse practitioners and physician assistants from performing abortions.
Moore, in one of his first acts as governor, also released $3.5 million that Hogan previously withheld to expand clinical training for abortion care providers.
Republican lawmakers in the Senate responded to the package of bills Thursday by calling the constitutional amendment “necessary.”
“Apparently, last year’s bill that created a massive expansion of abortion services was not enough,” Senate Minority Leader Steve Hershey and Senate Minority Whip Justin Ready said in a statement. “While we have yet to fully vet the additional bills proposed today, we are certain that becoming the abortion capital of the United States is not something to aspire to or be proud of.”
Every bill in the reproductive rights package has been referred to committee and is likely to be heard in the coming weeks.