BALTIMORE — This Election Day Maryland voters have the choice to enshrine reproductive rights in the state’s constitution.
If a simple majority votes yes to Question 1, it will cement reproductive freedom in the Maryland Constitution's Declaration of Rights.
While the ballot doesn’t include the term "abortion," the language of "reproductive freedom" covers procedures such as abortion, IVF and contraception.
The proposed amendment reads:
"The proposed amendment confirms an individual's fundamental right to reproductive freedom, including but not limited to the ability to make and effectuate decisions to prevent, continue, or end the individual's pregnancy, and provides 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."
Groups like Freedom in Reproduction Maryland along with the Women's Law Center of Maryland have been urging a yes vote to Question 1, making it more difficult to restrict abortion access even if lawmakers tried to in the future.
“This law can be repealed if the political temperature in the state changes. Having this enshrined in the constitution protects reproductive freedom rights for Maryland women and girls and women and girls from around the country who come to Maryland for reproductive healthcare,” said Katie O’Malley, Former First Lady and Executive Director of the Women's Law Center of Maryland.
According to data by Guttmacher, Maryland experienced a 26.7 percent increase in clinician provided abortions between 2020 and 2023.
The state saw a rise in patients traveling from states with abortion bans including Virginia, North Carolina, Texas and Florida.
“When Dobbs was overturned, our former Executive Director Michelle Siri worked really hard with the Maryland State legislature to get the reproductive freedom package passed in 2023. Part of the reproductive freedom package was this amendment to enshrine reproductive freedom in the state.”
Some opponents of the measure, including Health Not Harm, call it too vague and expansive.
A letter to voters reads:
“The amendment targets children for dangerous elective procedures including experimental gender transition procedures and sterilization, and threatens to eliminate parental rights to make important medical decisions for their minor children.”
“This has nothing to do with that. This language is all about reproductive healthcare. Trans-women and men need reproductive healthcare and this will protect their rights but it doesn’t enshrine gender affirming care in the state constitution. We’re just talking about reproductive care for everyone,” said O’Malley.
If approved, the measure does not change current parental medical consent or abortion laws.
Under Maryland law minors can receive contraception or pregnancy care, and treatment for sexually transmitted diseases including HIV prevention without parental consent. But the law still requires parents to be notified.
