The right to reproductive freedom amendment would codify abortion protection in the state constitution.
MARYLAND, USA — Abortion rights are in the hands of Maryland voters this year.
Question 1 on the Maryland ballot this November will ask voters to approve or oppose amending the state constitution to add the right to reproductive freedom, codifying abortion protection.
If approved, this statement will be added to the Declaration of Rights in the state constitution:
“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.”
Since the Supreme Court overturned Roe v. Wade with the Dobbs decision in 2022, abortion laws have been up to the states.
Abortion has been legal in Maryland since 1992, when the state legislature passed a bill to prohibit state interference with the decision to have an abortion any time before the fetus is viable. It will still be legal if the amendment does not pass, but amending the constitution would make it harder to repeal that protection in Maryland.
The ballot question is overwhelmingly popular, according to a recent poll conducted by University of Maryland Baltimore County’s Institute of Politics. The Oct. 9 poll found that 69% of likely voters say they will vote for it, and only 29% of likely voters will vote against it.
Gov. Wes Moore and Lt. Gov. Aruna Miller both endorsed the amendment in 2023.
“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,” Moore said. “Our state is one step closer to ensuring the reproductive rights of future generations of Marylanders are enshrined in the Maryland Constitution.”
Both Maryland Senate candidates, Angela Alsobrooks (D) and Larry Hogan (R), have expressed support for the amendment. During the debate between the two candidates Oct. 10, both candidates said that they support abortion protection not just in Maryland, but nationally.