Maryland enshrines abortion rights in Constitution after overwhelming voter approval

Maryland becomes a leader in reproductive rights by enshrining abortion access in its constitution.

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Quick summary

• Maryland Gov. Wes Moore signed a proclamation officially enshrining abortion as a constitutional right after 76 percent of voters approved the amendment in the 2024 election.

• The “Reproductive Freedom Amendment” ensures access to abortion, contraception, and protections against out-of-state criminal charges for providers and patients.

• The amendment follows actions by Moore’s administration, including a $15.6 million investment to expand abortion care and contraceptive access.

• Maryland’s protections contrast with ongoing legal battles in states like Missouri and Arizona, where voters passed abortion rights measures but face challenges implementing them.

• The amendment makes Maryland a national leader in reproductive rights, providing the highest level of protection for abortion access.

• Other states with strict abortion bans, like those in the South and Midwest, are experiencing population losses, particularly among single-person households.

• Activists and lawmakers in Maryland celebrate the amendment as a historic step toward safeguarding bodily autonomy for future generations.

Maryland Governor Wes Moore signed a proclamation certifying the state’s constitutional amendment that enshrines abortion as a fundamental right. This historic move follows the passage of the “Reproductive Freedom Amendment,” which Maryland voters approved with over 76 percent support in the 2024 elections. The amendment affirms the right to reproductive freedom, including the ability to make decisions about preventing, continuing, or ending pregnancies.

“Maryland made a clear choice,” said Lieutenant Governor Aruna Miller. “I’m proud of our state for valuing self-determination and freedom and for protecting future generations of women with a constitutional right to choose.”

In the aftermath of the U.S. Supreme Court’s 2022 decision overturning Roe v. Wade, Maryland has emerged as a national leader in safeguarding reproductive rights. Governor Moore highlighted his administration’s commitment to preserving these freedoms since his first day in office.

“Since day one of my administration, I have made clear my support for a woman’s right to choose,” said Moore. “In November, Marylanders voted overwhelmingly in favor of aligning Maryland’s constitution with our values. This amendment ensures that future generations of Marylanders will have the same reproductive rights Marylanders have today—no matter who is in office.”

Moore’s administration has also enacted significant measures to strengthen protections, including a $15.6 million investment in reproductive health in February 2024. These funds include:

• $10.6 million allocated to the University of Maryland, Baltimore, for the state’s Abortion Care Clinical Training Program.

• $5 million designated to increase Medicaid reimbursements for abortion care providers.

The constitutional amendment goes beyond preserving access to abortion. It also ensures:

• Protection of healthcare providers and patients from criminal charges resulting from other states’ abortion bans.

• Access to contraception as a guaranteed right.

Democratic Senate President Bill Ferguson celebrated the move as a critical step for future generations. “Last year, Marylanders overwhelmingly affirmed that an individual right to liberty and equality contains the fundamental right to reproductive freedom. Enshrining this freedom in the Maryland Constitution is the right thing to do now and for future generations.”

While Maryland has taken decisive action, other states with voter-approved reproductive rights amendments are facing legal hurdles.

Missouri: Despite voters passing Amendment 3 to restore abortion rights, legal battles persist. Planned Parenthood providers have filed lawsuits to reinstate access, but no operational clinics exist in the state.

Arizona: Voters approved a measure to reinstate abortion access, but lawsuits challenging the state’s 15-week abortion ban have delayed the reopening of clinics. Nancy Northup, president and CEO of the Center for Reproductive Rights, emphasized the importance of court intervention, stating, “Arizonans voted overwhelmingly to enshrine abortion rights in the state constitution. We are going to court to challenge the state’s 15-week abortion ban and ensure that these constitutional rights are vindicated.”

The Supreme Court’s decision to overturn Roe has spurred migration from states with strict abortion bans. Research indicates that the 13 states with abortion bans collectively lost 36,000 residents per quarter over the past two years. Maryland’s proactive protections could position it as a haven for reproductive rights advocates and healthcare access.

As Governor Moore noted, “This amendment provides the highest level of protection of abortion rights.” 

To learn more about Maryland’s law, visit the Center for Reproductive Rights.

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