MEMO: Why we need a constitutional amendment to safeguard the fundamental right to safe, legal, and accessible abortion in New Hampshire
For Immediate Release: Dec. 11, 2023
Today, Republican and Democratic lawmakers, and reproductive rights allies and advocates announced their plan to enshrine protections for safe, legal abortion in the New Hampshire Constitution.
What would the constitutional amendment say?
The Constitutional Amendment protects abortion rights and puts the decision in the hands of patients and health care providers - not politicians. This amendment, if passed, would specifically protect the right to an abortion in the NH Constitution up until 24 weeks. After 24 weeks, a licensed physician can use their professional judgment - just like they were able to before January 1, 2022. By allowing physicians to use their professional judgment, this constitutional amendment would permanently take this decision out of the hands of politicians and instead, leave it to the experts: the patient, her family, and her doctor.
Why is this important to do now?
The U.S. Supreme Court overturned the landmark decisions of Roe v. Wade and Planned Parenthood v. Casey in June of 2022. Now, state politicians have the power to impose a total ban on abortion, and many politicians across the country have done just that. Since Roe v. Wade was overturned, 22 states have banned abortion - which means that now one in 3 women have lost the right to abortion in their home state.
There are currently no state laws that protect abortion rights in New Hampshire, and the New Hampshire Constitution does not currently include the right to an abortion. Legislation to put abortion rights into state law was rejected by a majority of lawmakers in 2022 and 2023. Without federal or state protections for abortion rights, the outcome of each and every single election could determine whether abortion remains legal or not in New Hampshire. The constitutional amendment would change that.
How does the passage of a constitutional amendment work in New Hampshire?
In New Hampshire, constitutional amendments must first be proposed by a legislator. Next, constitutional amendments must be approved by a 60% majority in both legislative chambers in order for the proposal to move forward. With 400 state reps, 240 state representatives 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.
Approval by the Governor is not needed. Once approved by the legislature, the issue will be on the ballot in the next general election - in this case, November 2024.
At the ballot box, at least 66% of voters must support the proposed amendment for it to take effect.
Who supports the amendment?
In New Hampshire, support for abortion rights is not a divisive issue, but a unifying one.
We know that a supermajority (87%) of Granite Staters support abortion rights, and they do not believe that the government should interfere in a woman’s ability to make her own personal decisions. New Hampshire has a long, bipartisan history of supporting privacy when it comes to personal medical decisions.
This bipartisan proposal for a constitutional amendment, sponsored by Rep. Amanda Toll, Rep. Marjorie Smith, Rep. Lucy Weber, Rep. Karen Ebel, Rep. Alexis Simpson, Rep. Brandon Phinney, Rep. Joe Schapiro, Rep. Matthew Wilhelm, Sen. Cindy Rosenwald, Sen. Rebecca Perkins Kwoka, Rep. Susan Vandecasteele, Sen. Donovan Fenton, and Rep. Trinidad Tellez represents these Granite State values.
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