On the ballot: What is Question 1 or the Right to Reproductive Freedom Amendment?

Reproductive healthcare access is up for vote in Maryland. Voters will have the chance to decide state protections on abortion access and whether or not to codify it into the state constitution.

During the 2023 General Assembly, state lawmakers passed an amendment that would enshrine the right to an abortion and “reproductive freedom,” in Maryland’s constitution.

The United States Supreme Court overturned Roe v. Wade in June of 2022, with a 5-4 vote indicating there is no constitutional right to abortion. Since that summer, the topic of abortion has been a hot-button issue across the nation.

States have weighed establishing constitutional amendments declaring protection over the right to abortion, and constitutional amendments have been approved by voters in California, Vermont and Michigan.

States such as Tennessee, Alabama and West Virginia have passed amendments declaring that the state’s constitution does not secure or protect a person’s right to abortion.

Currently, abortion is legal in Maryland until viability and abortion is legal after viability if the woman’s life or health is endangered or there is a fetal anomaly.

What is on the ballot?Question 1, or the Right to Reproductive Freedom Amendment, would amend the Declaration of Rights in the Maryland Constitution to add a new section that guarantees a right to “reproductive freedom.” According to the referendum, the term “reproductive freedom” includes include “the ability to make and effectuate decisions to prevent, continue or end one’s own pregnancy.

If the amendment is approved by voters, it would prohibit the constitutional right of abortion access from being denied or infringed unless there is a compelling state interest, which would need to be achieved using the least restrictive means.

Erin Bradley, board chair of Freedom in Reproductive Maryland, has been advocating for passing the referendum.

“What this legislation does is it protects (abortion) at the highest level possible,” Bradley said during an event in August. “It’s very easy to change statutes in any state’s constitutional amendments. As you see, I need all of you here to go vote for it. So we would need to do that every time we try to change the constitution. So this is the highest legal protection we can offer in the state of Maryland.”

The referendum is endorsed by Gov. Wes Moore, Maryland State Education Association and Pro-Choice Maryland.

Opponents of the referendum include the Maryland Catholic Conference, Maryland Right to Life PAC and Maryland Family Institute.

Frank Arlinghause, a Maryland doctor opposing the referendum, described the then Maryland Senate bill as “extreme.”

“Amending the Maryland Constitution is an unusual and extreme measure, and this bill would take an extreme position on abortion, restricting the legislature’s opportunities to pass reasonable restrictions on abortion in late pregnancy or to restrict it as other healthcare,” Arlinghause said.

Understanding Question 1:The amendment was introduced as Senate Bill 798 on Feb. 6, 2023 and was passed by the Maryland Senate with a 32-15 vote. On March 30 of that year, the Maryland House passed the bill by a 98-38 vote, with three absent or no voting.

A yes vote supports adding a new article to the Maryland Constitution’s Declaration of Rights establishing a right to reproductive freedom, defined to include “the ability to make and effectuate decisions to prevent, continue, or end one’s own pregnancy.”

A “no” vote opposes amending the state constitution to establish a right to reproductive freedom.

Early voting locations will be open from 7 a.m. to 8 p.m. until October 31. Election day is Tuesday November 5.