Maryland has a strong track record of protecting reproductive rights and is poised to take another step forward this year through an amendment enshrining the right to reproductive freedom, including abortion care, in the state constitution.
In 2023, Maryland Governor Wes Moore signed into law a robust Reproductive Freedom bill package. That package included:
- an electronic health record data privacy bill;
- a shielding bill to protect providers and patients of legal reproductive health care, including abortion from attacks by anti-abortion extremists in other states;
- a bill requiring 4-year residential public colleges to put in place a plan for students to access comprehensive sexual and reproductive health care, including abortion, STI testing/treatment, contraceptives, and emergency contraceptives; and
- a constitutional amendment to ensure every person in Maryland has the right to prevent, continue, or end their own pregnancy.
Thanks to that bill, this constitutional amendment will now be on the ballot in Maryland this November. So, how does this reproductive freedom referendum work? And if Maryland is already generally supportive of reproductive rights, why is it so important?
Erin Bradley is an abortion rights advocate and policy expert who serves as executive director of PPADMV. Separately, she serves as chair of Freedom in Reproduction Maryland (FIRM), the advocacy organization that launched in January to organize support for the amendment.
Bradley sat down with us to explain what the ballot measure is and why it matters.
What would this constitutional amendment do?
As a result of this bill, the decision to prevent pregnancy through contraception, carry a pregnancy to term, or terminate a pregnancy through abortion would be left only to a pregnant person and their health care provider. In the absence of federal legislation, this is the strongest possible protection of the right to reproductive freedom for Maryland residents.
Is this a response to the reversal of Roe v. Wade?
The Supreme Court’s Dobbs decision, which overturned the nearly 50 years of precedent set by Roe, began a cascading effect of state action. Some states put extreme anti-abortion laws in place while others, like Maryland, began work to ensure abortion is protected in the most permanent way possible. There had been a call to enshrine these rights in the Maryland constitution before the Dobbs decision, but after that decision the urgency of protecting Marylanders became more real. Thankfully, the state legislature acted proactively to protect our freedoms and send the decision to voters in November 2024.
Why does this measure matter when abortions are currently permitted in Maryland as well as DC and Virginia?
Abortions are currently protected in Maryland by a statute passed in 1992. However, a statute can be repealed without involving the voters, and Dobbs has shown what reproductive rights groups have long known: even if abortion is currently legal, it remains at risk. Maryland includes anti-abortion politicians, and some are currently or will in the future run for statewide or national office. And across the nation, anti-abortion activists have worked to flip local state legislatures and pack courts to force through their agenda, which has expanded to include attacks on IVF and contraception. A constitutional amendment offers the highest form of protection for abortion care in Maryland. Repealing an amendment to the constitution is much more difficult than reversing other types of policy protections for reproductive freedom.
Will this have an impact beyond Maryland residents?
Strictly speaking, the amendment will protect Marylanders’ rights. However, other parts of the 2023 Reproductive Health package — namely, the shielding and electronic health record legislation — protect anyone who comes to Maryland for abortion and other reproductive health care. It is also important to note that when the ballot measure passes, it will send another strong signal nationwide that the people support the right to abortion care and reproductive freedom.
How can the public show their support for the ballot measure and advocate for abortion rights?
Marylanders can show their support of the ballot measure by voting “yes” during the general election in November 2024. To stay up to date on the ballot measure campaign, readers can visit MDreprofreedom.com. You can get involved with PPADMV’s advocacy work by signing up to volunteer, sharing your story, and speaking with your friends and family about this measure.
This is a critical time to be involved in the fight — as we respond to our opponents’ coordinated attacks through simultaneous court cases on access to medication abortion, abortion care in hospital emergency rooms, and false claims that seek to defund Planned Parenthood nationwide. Our community must work together to support abortion access every chance we get. We will not stop fighting to protect and expand access to reproductive health care in Maryland, DC, and Northern Virginia, and to hold our state and local leaders accountable.
Follow PPADMV on Instagram and Twitter to stay current on advocacy for sexual and reproductive health care and rights in Maryland, DC, and Northern Virginia.
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