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BALTIMORE — On Election Day, voters across Maryland will decide if the right to reproductive freedom should be protected in the state’s Constitution.
Maryland ballot Question 1 asks if the ability to prevent, continue or end a pregnancy should be protected. Even though abortion is already legal in Maryland, this question would cement the freedoms in the state. If approved by voters, the state general assembly wouldn’t be able to restrict access to reproductive freedoms.
“It’s just one step further of protection of reproductive rights,” said Michael Spivey, Senior Lecturer at the University of Maryland’s Government and Politics Department.
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The measure would further protect access to abortion, contraception and IVF in Maryland, though they are already legal.
“By codifying reproductive rights into the Constitution, it means that future legislatures could not change those kinds of laws and eliminate reproductive rights without violating the Maryland Constitution,” Spivey said.
If lawmakers or citizens wanted to change this constitutional amendment in the future if approved, they would need to propose a charter amendment, which would need to be passed by the state’s general assembly, and be voted on by the people.
The measure, as written, would protect decisions to prevent, continue or end an individual’s pregnancy. Spivey said abortion, contraception, and IVF would likely be protected, but the question’s vague language could lead to legal challenges.
“I think given the language in the proposed amendment it’s likely to be broadly interpreted, but we won’t know unless there’s a challenge,” Spivey explained.
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Some groups are working to educate voters before they head to the polls. The Maryland Catholic Conference said this measure is too restrictive and wouldn’t allow for future changes.
“By enshrining the issue of abortion into our state Constitution, we take away the ability to really put in common sense regulations into our state laws in the future,” said Jenny Kraska, Executive Director of the Maryland Catholic Conference.
Planned Parenthood of Maryland views the ballot question as a step to secure reproductive rights for all.
“This ballot initiative is going to be so important to the future of freedom in the State of Maryland, the future of bodily autonomy and the future of our patients, to be able to make their own decisions about their health care,” said Karen Nelson, President and CEO of Planned Parenthood of Maryland.
On Election Day, Nov. 5, the polls open at 7 a.m. across Maryland.