Maryland Right to Reproductive Freedom Amendment (2024)
| Maryland Right to Reproductive Freedom Amendment | |
|---|---|
 | |
| Election date November 5, 2024 | |
| Topic Abortion | |
| Status On the ballot | |
| Type Constitutional amendment | Origin State legislature |
The Maryland Right to Reproductive Freedom Amendment is on the ballot in Maryland as a legislatively referred constitutional amendment on November 5, 2024.[1][2]
A "yes" vote supports adding a new article to the Maryland Constitution's Declaration of Rights establishing a right to reproductive freedom, defined to include "the ability to make and effectuate decisions to prevent, continue, or end one's own pregnancy." |
A "no" vote opposes amending the state constitution to establish a right to reproductive freedom. |
Additional information on abortion-related ballot measures
As of July 25, 2024, six statewide ballot measures related to abortion were certified in Colorado, Florida, Maryland, New York, Nevada, and South Dakota for the ballot in 2024.
- You can find a list of 2024's certified and proposed measures here: 2024 abortion-related ballot measures and state context.
- Information on abortion-related ballot measures since 1970 is available here: History of abortion ballot measures.
Overview
What would the amendment do?
- See also: Text of measure
The measure would amend the Declaration of Rights in the Maryland Constitution to add a new section that guarantees a right to reproductive freedom, defined to include "the ability to make and effectuate decisions to prevent, continue, or end one's own pregnancy." The ballot measure is designed to prohibit the constitutional right from being denied or infringed unless there is a compelling state interest, which would need to be achieved using the least restrictive means.[2]
Currently, abortion is legal in Maryland until viability. Abortion is legal after viability if the woman's life or health is endangered or there is a fetal anomaly. In 1991, the Maryland State Legislature passed Senate Bill 162, which said "the state may not interfere with the decision of a woman to terminate a pregnancy" before fetal viability. A veto referendum was filed to repeal the law, and the question went before voters in November 1992. Question 6 was approved upholding SB 162 by a vote of 62% to 38%.[3][4]
Who supports and opposes the amendment?
- See also: Support and Opposition
The amendment has been endorsed by Gov. Wes Moore (D), Lt. Gov. Aruna Miller (D), Maryland State Education Association, Pro-Choice Maryland, and Maryland AFL-CIO. Gov. Moore said, "I’ve been very clear from the beginning that as long as I am the Governor of Maryland, our state will be a safe haven for abortion access. This constitutional amendment will make sure it remains that way, no matter who is in office."[5]
The amendment is opposed by Maryland Catholic Conference, Maryland Family Institute, and Maryland Right to Life PAC. Dr. Frank Arlinghaus submitted testimony in opposition to the amendment saying, "[A]mending the Maryland Constitution is an unusual and extreme measure, and this bill would take an extreme position on abortion, restricting the legislature’s opportunities to pass reasonable restrictions on abortion in late pregnancy or to restrict it as other healthcare."[6]
How did the amendment get on the ballot?
To put a legislatively referred constitutional amendment before voters, a 60% supermajority vote is required in both the Maryland State Senate and the Maryland House of Representatives.
This amendment was introduced as Senate Bill 798 (SB 798) on February 6, 2023. On March 14, 2023, the state Senate passed SB 798 in a vote of 32-15. All Democrats except two voted in favor of the bill. On March 30, the state House passed SB 798 in a vote of 98-38 with three absent or not voting.[1]
What states have decided on abortion ballot measures recently?
- See also: History of abortion ballot measures
In June 2022, the U.S. Supreme Court ruled in Dobbs. v. Jackson Women's Health Organization that there is no federal constitutional right to abortion and overturned Roe. v. Wade, effectively returning abortion policy decisions to the states. Since 2022, seven ballot measures addressing abortion have been on the ballot, with 2022 having the highest number of abortion ballot measures on record in a single year. Four measures—in Vermont, Michigan, California in 2022, and Ohio in 2023— were sponsored by campaigns that described themselves as pro-choice and created state constitutional rights to abortion. All four measures were approved. Three measures—in Kansas, Kentucky, and Montana— were sponsored by campaigns describing themselves as pro-life and were designed to explicitly provide that there is no right to abortion in the state constitution. All three were defeated.
What other states are voting on abortion ballot measures in 2024?
The following table provides a list of abortion-related measures that are on the ballot in 2024:
| State | Date | Measure | Description |
|---|---|---|---|
| Colorado | Nov. 5, 2024 | Right to Abortion Initiative | • Provide a constitutional right to abortion in the state constitution and allow the use of public funds for abortion |
| Florida | Nov. 5, 2024 | Florida Amendment 4 | • Provide a constitutional right to abortion before fetal viability, which is estimated to be around 24 weeks, or when necessary to protect the patient's health, as determined by the patient's healthcare provider |
| Maryland | Nov. 5, 2024 | Right to Reproductive Freedom Amendment | • Amend the Maryland Constitution to establish a right to reproductive freedom, defined to include "decisions to prevent, continue, or end one's own pregnancy" |
| New York | Nov. 5, 2024 | Equal Protection of Law Amendment | • Add language to the New York Bill of Rights to provide that people cannot be denied rights based on their "ethnicity, national origin, age, and disability" or "sex, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy." |
| Nevada | Nov. 5, 2024 | Right to Abortion Initiative | • Establish the constitutional right to an abortion, providing for the state to regulate abortion after fetal viability, except where medically indicated to protect the life, physical health, or mental health of the pregnant patient. |
| South Dakota | Nov. 5, 2024 | Constitutional Amendment G | • Provide a trimester framework for regulating abortion in the South Dakota Constitution |
Text of measure
Constitutional changes
The measure would add a new article to the Declaration of Rights in the state constitution. The following underlined text would be added:[2]
|
That every person, as a central component of an individual's rights to liberty and equality, has the fundamental right to reproductive freedom, including but not limited to the ability to make and effectuate decisions to prevent, continue, or end one's own pregnancy. The state may not, directly or indirectly, deny, burden, or abridge the right unless justified by a compelling state interest achieved by the least restrictive means.[7] |
Support
Freedom in Reproduction Maryland is leading the campaign in support of the amendment.[8]
Supporters
Officials
- Gov. Wes Moore (D)
- State Rep. Adrienne Jones (D)
- Lt. Gov. Aruna Miller (D)
Unions
Organizations
Arguments
Opposition
Health Not Harm MD is leading the campaign in opposition to the amendment.[8]
Opponents
Organizations
Arguments
Campaign finance
Ballotpedia identified one committee registered in support of the measure—Freedom in Reproduction. The committee had not reported any contributions. One committee registered in opposition to the committee—Health Not Harm MD. The committee reported over $5,000 in contributions.[9]
| Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
|---|---|---|---|---|---|
| Support | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
| Oppose | $5,704.99 | $0.00 | $5,704.99 | $367.78 | $367.78 |
Support
The following table includes contribution and expenditure totals for the committee in support of the ballot measure.[9]
| Committees in support of Right to Reproductive Freedom Amendment | |||||
|---|---|---|---|---|---|
| Committee | Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures |
| Freedom in Reproduction - Maryland, Inc. | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
| Total | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
Opposition
The following table includes contribution and expenditure totals for the committee in opposition to the ballot measure.[9]
| Committees in opposition to Right to Reproductive Freedom Amendment | |||||
|---|---|---|---|---|---|
| Committee | Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures |
| Health Not Harm MD | $5,704.99 | $0.00 | $5,704.99 | $367.78 | $367.78 |
| Total | $5,704.99 | $0.00 | $5,704.99 | $367.78 | $367.78 |
Donors
The following table shows the top donor to the committee registered in opposition to the ballot measure.[9]
| Donor | Cash Contributions | In-Kind Contributions | Total Contributions |
|---|---|---|---|
| Law Office of Robert A. Brocate, PA | $5,000.00 | $0.00 | $5,000.00 |
Methodology
To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.
Background
Status of abortion in Maryland
Currently, abortion is legal in Maryland until viability. Abortion is legal after viability if the woman's life or health is endangered or there is a fetal anomaly.[3]
In 1991, the Maryland State Legislature passed Senate Bill 162, which said "the state may not interfere with the decision of a woman to terminate a pregnancy" before fetal viability. A veto referendum was filed to repeal the law, and the question went before voters in November 1992. Question 6 was approved upholding SB 162 by a vote of 62% to 38%.[4]
Abortion rights provided by statute and constitutional law by state
As of 2024, 11 states provided a state constitutional right to abortion based on court rulings or constitutional provisions, including five states that have also guaranteed abortion rights through statute. An additional 11 states have provided abortion rights solely through state statutes.[10][11]
Right to abortion in state constitutions
The following states have voted or will be voting on adding a right to abortion to their respective state constitutions.
| State | Year | Measure | Yes | No | Outcome |
|---|---|---|---|---|---|
| Colorado | 2024 | Right to Abortion and Health Insurance Coverage Initiative | N/A | N/A | |
| Florida | 2024 | Amendment 4, Right to Abortion Initiative | N/A | N/A | |
| Maryland | 2024 | Right to Reproductive Freedom Amendment | N/A | N/A | |
| Nevada | 2024 | Right to Abortion Initiative | N/A | N/A | |
| New York | 2024 | Equal Protection of Law Amendment | N/A | N/A | |
| South Dakota | 2024 | Constitutional Amendment G, Right to Abortion Initiative | N/A | N/A | |
| Ohio | 2023 | Issue 1: Right to Make Reproductive Decisions Including Abortion Initiative | 56.78% | 43.22% |  |
| California | 2022 | Proposition 1: Right to Reproductive Freedom Amendment | 66.88% | 33.12% | |
| Michigan | 2022 | Proposal 3: Right to Reproductive Freedom Initiative | 56.66% | 43.34% | |
| Vermont | 2022 | Proposal 5: Right to Personal Reproductive Autonomy Amendment | 76.77% | 23.23% | |
U.S. Supreme Court rulings on abortion
Dobbs v. Jackson Women’s Health Organization (2022)
On June 24, 2022, in a 5-4 vote, the Supreme Court of the United States found there is no constitutional right to abortion and overruled Roe v. Wade (1973) and Planned Parenthood v. Casey (1992). In a 6-3 ruling, the court upheld Mississippi's abortion law at issue in the case. Roe v. Wade found that state laws criminalizing abortion prior to fetal viability violated the Due Process Clause of the Fourteenth Amendment of the United States Constitution. In Planned Parenthood v. Casey, the Supreme Court reaffirmed the essential holding of Roe v. Wade but rejected the trimester framework established in the case. The high court affirmed that states could not ban abortions before fetal viability.
In 2018, Jackson Women’s Health Organization, a clinic and abortion facility in Mississippi, challenged the constitutionality of the "Gestational Age Act" in federal court. The newly-enacted law prohibited abortions after the fifteenth week of pregnancy except in cases of medical emergencies or fetal abnormalities. The U.S. district court granted summary judgment in favor of the plaintiffs, holding that the law was unconstitutional, and put a permanent stop to the law's enforcement. On appeal, the 5th Circuit affirmed the district court's ruling. Click here to learn more about the case's background.[12]
Amendments declaring no state constitutional rights
As of April 2023, four states had constitutional amendments declaring that their constitutions do not secure or protect a right to abortion or require the funding of abortion. The first state to pass a constitutional amendment was Tennessee in 2014. In 2018, Alabama and West Virginia passed constitutional amendments. In 2020, Louisiana voters approved Amendment 1. Arkansas has a constitutional amendment, passed in 1988, that says, "The policy of Arkansas is to protect the life of every unborn child from conception until birth, to the extent permitted by the Federal Constitution."
In August 2022, Kansas voters were the first to decide on one of these amendments following the ruling of Dobbs. The constitutional amendment was defeated by a margin of 59% opposing to 41% supporting. In November 2022, voters defeated a similar amendment in Kentucky by a vote of 52% opposing to 48% supporting it. Massachusetts and Florida also defeated similar amendments in 1986 and 2012, respectively.
History of abortion on the ballot
- See also: History of abortion ballot measures
Since the 1970s, abortion-related policies have been a topic for statewide ballot measures across the U.S.
The most recent vote on an abortion-related ballot measure was Ohio Issue 1, which voters approved. Issue 1 provided a state constitutional right to "make and carry out one’s own reproductive decisions," including decisions about abortion, contraception, and other reproductive matters.[13]
In 2022, there were six ballot measures addressing abortion — the most on record for a single year. Measures were approved in California, Michigan, and Vermont. Measures were defeated in Kansas, Kentucky, and Montana.
From 1970 to November 2023, there were 54 abortion-related ballot measures, and 43 (80%) of these had the support of organizations that described themselves as pro-life. Voters approved 11 (26%) and rejected 32 (74%) of these 43 ballot measures. The other 11 abortion-related ballot measures had the support of organizations that described themselves as pro-choice or pro-reproductive rights. Voters approved eight (73%) and rejected three (27%).
Before Roe v. Wade in 1973, three abortion-related measures were on the ballot in Michigan, North Dakota, and Washington, and each was designed to allow abortion in its respective state.
Path to the ballot
- See also: Amending the Maryland Constitution
To put a legislatively referred constitutional amendment before voters, a 60% supermajority vote is required in both the Maryland State Senate and the Maryland House of Representatives.
This amendment was introduced as Senate Bill 798 (SB 798) on February 6, 2023. On March 14, 2023, the state Senate passed SB 798 in a vote of 32-15. All Democrats except two voted in favor of the bill. On March 30, the state House passed SB 798 in a vote of 98-38 with three absent or not voting.[1]
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How to cast a vote
- See also: Voting in Maryland
Click "Show" to learn more about current voter registration rules, identification requirements, and poll times in Maryland.
| How to cast a vote in Maryland | |||||
|---|---|---|---|---|---|
Poll timesIn Maryland, all polling places are open from 7:00 a.m. to 8:00 p.m. Eastern Time. An individual who is in line at the time polls close must be allowed to vote.[14] Registration
According to the Maryland State Board of Elections, to register to vote in Maryland, one must be a United States citizen and Maryland resident who is at least 16 years old. Although a 16-year-old can register to vote, he or she cannot vote in an election unless he or she will be 18 at the time of the next general election (i.e., 17-year-olds are permitted to vote in primary elections, so long as they'll be 18 by the time of the corresponding general election).[15] Maryland allows same-day voter registration during the early voting period and on Election Day.[15] Voters may register online, by mail, or in person at one of the following locations:[15]
Automatic registrationMaryland automatically registers eligible individuals to vote through the Motor Vehicle Administration. Online registration
Maryland has implemented an online voter registration system. Residents can register to vote by visiting this website. Same-day registrationMaryland allows same-day voter registration. Residency requirementsMaryland law requires 21 days of residency in the state before a person may vote. Verification of citizenshipMayland does not require proof of citizenship for voter registration. Verifying your registrationThe voter lookup page, run by the Maryland Board of Elections, allows residents to check their voter registration status online. Voter ID requirementsMaryland does not require voters to present identification while voting, in most cases.[16] A voter will be asked to show ID in the following circumstances:
The following list of accepted ID was current as of April 2023. Click here for the Maryland Attorney General's voting information page to ensure you have the most current information.
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See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 Maryland State Legislature, "Senate Bill 798 Overview," accessed March 13, 2023
- ↑ 2.0 2.1 2.2 Maryland State Legislature, "Senate Bill 798 Text," accessed March 13, 2023
- ↑ 3.0 3.1 Maryland State Legislature, "Health & Gen. §§20-207," accessed April 10, 2023
- ↑ 4.0 4.1 Maryland State Board of Elections, "1992 Presidential Election Official Results for Statewide Questions," accessed May 5, 2022
- ↑ Governor of Maryland, "Statement," accessed April 21, 2023
- ↑ Maryland General Assembly, "Senate Bill 798 Testimony," accessed April 21, 2023
- ↑ 7.0 7.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid
<ref>tag; name "quotedisclaimer" defined multiple times with different content - ↑ 8.0 8.1 Baltimore Sun, "Proponents of Maryland’s 2024 ballot question on abortion aim to match success of earlier era," December 26, 2023
- ↑ 9.0 9.1 9.2 9.3 Maryland Campaign Finance Information System, "Search," accessed April 10, 2023
- ↑ The Guttmacher Institute, "Ensuring Access to Abortion at the State Level: Selected Examples and Lessons," January 9, 2019
- ↑ Center of Reproductive Rights, "What if Roe Fell?" accessed February 23, 2022
- ↑ SCOTUSblog, "Court to weigh in on Mississippi abortion ban intended to challenge Roe v. Wade," May 17, 2021
- ↑ Ohio Attorney General, "The Right to Reproductive Freedom with Protections for Health and Safety," accessed February 22, 2023
- ↑ Maryland State Board of Elections, "Rules and Information for Voters," accessed April 18, 2023
- ↑ 15.0 15.1 15.2 Maryland State Board of Elections, "Introduction," accessed April 18, 2023
- ↑ Maryland Attorney General, "Voting FAQ," accessed April 13, 2023
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