The overturning of Roe v. Wade means the future of abortion access now depends upon the state legislature. In this crisis moment for abortion access, it is critical New Hampshire lawmakers take action to protect abortion rights in the Granite State.
A constitutional amendment is a formal change to the Constitution. Regarding state constitutions, each state has its own set of rules, usually determined by the elected state legislators, for how its Constitution can be amended.
Constitutional amendments provide stronger protection of rights and liberties than statewide laws because they are usually much more difficult to change than laws. Laws can be changed by state legislatures, and the makeup of those legislatures can change with every election. In contrast, the process for amending the state constitution in New Hampshire has two steps: approval by the state legislature followed by voter approval in an election.
Any state lawmaker can submit a resolution proposing to amend New Hampshire’s Constitution. Once a resolution is formally introduced, it is assigned to a legislative committee. The committee will hold a public hearing on the resolution, which is an opportunity for members of the public to testify before lawmakers to share their thoughts, experiences, and support/opposition. After the public hearing, the committee will take a vote, which is a recommendation to the full chamber of whether the full chamber should pass the resolution or not pass the resolution.
Then, the full chamber will take at least one vote on the resolution. If the resolution passes, it then goes to the other legislative chamber, and the process starts over again!
In New Hampshire, proposed constitutional amendments must be approved by a 60% majority in both legislative chambers in order for it to move forward. Specifically, with 400 state reps, 240 state reps must vote in support of the resolution to pass it, which sends the resolution to the NH Senate. With 24 state senators, 15 state senators must vote in support to pass the resolution.
Constitutional amendments in New Hampshire do not need to be approved by the Governor. If 60% of lawmakers in both chambers vote for the proposal, the resolution is then put to voters in the next general election. At the ballot, voters must approve the proposed amendment with a 2/3 majority for it to take effect.
Stronger protections
New Hampshire has a long, bipartisan history of supporting sexual and reproductive health care, including abortion. However, we continue to see increased attacks on our rights and freedoms, especially since the U.S. Supreme Court revoked federal protections for abortion in 2022.
As of August 30, 2023, 22 states have enacted bans or near total bans on abortion, and 1 in 3 women have lost the right to abortion in their home state. In New Hampshire, state representatives passed the Access to Abortion-care Act in a bipartisan vote in 2023, which would have protected abortion in state law prior to 24 weeks; the NH Senate, however, defeated the bill.
A constitutional amendment guaranteeing the right to abortion would add critical protections explicitly into the New Hampshire Constitution – and make it more difficult for politicians to restrict our reproductive rights and freedoms.
With federal protections for abortion gone, state-level protections are vital. Right now, New Hampshire is the only state in New England without any explicit right to abortion in state law or our state Constitution. Additionally, because state lawmakers are elected every two years in the Granite State, New Hampshire is only one election away from more restrictive abortion bans. By passing a constitutional amendment to add abortion rights, we are taking control back from politicians over our bodies, our lives, and our futures.
Title: relating to the right to abortion. Providing that all persons shall have the right to abortion prior to 24 weeks.
Amendment proposal text: Every individual has a fundamental right to abortion. The state cannot prohibit, restrict, delay, or penalize this right prior to 24 weeks unless it is justified by a compelling state interest achieved by the least restrictive means. After 24 weeks, the state may not prohibit an abortion that, in the professional judgment of an attending physician, is necessary. The physician shall apply the applicable standard of care in making a professional judgement.
What does that language mean?
If passed, this amendment would explicitly protect the right to abortion in the New Hampshire state Constitution prior to 24 weeks of pregnancy and allow physicians to use their professional judgement after 24 weeks without government interference.
This page is controlled and operated by Planned Parenthood New Hampshire Action Fund.
