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Maryland’s Question 1: Reproductive Rights Amendment Sparks Debate

This fall, Maryland voters will decide on Question 1, a proposed constitutional amendment to protect “reproductive freedom.” The measure has ignited a heated debate, with supporters claiming it safeguards abortion rights and opponents arguing its broad language could have far-reaching consequences.

The ballot language, certified by Secretary of State Susan Lee in June, asks voters to weigh in on an amendment that “confirms an individual’s fundamental right to reproductive freedom, including but not limited to the ability to make and effectuate decisions to prevent, continue or end the individual’s pregnancy.”

Notably absent from the ballot text is the word “abortion,” a point of contention in the ongoing debate. Erin Bradley, chair of Freedom in Reproduction-Maryland (FIRM), acknowledges that including “abortion” might have bolstered support but maintains the amendment’s intent is clear. “The ballot language speaks to the person having the right to make and effectuate their own decisions about preventing a pregnancy, maintaining their pregnancy unfettered, or ending a pregnancy – which covers abortion,” Bradley explains.

However, opponents like Jeffrey Trimbath, president of the Maryland Family Institute, argue the amendment’s scope extends beyond abortion. “It’s about undermining parental rights,” Trimbath contends, suggesting the measure could impact minors’ healthcare decisions and potentially encompass gender-affirming care.

Katie Curran O’Malley, executive director of the Women’s Law Center of Maryland, counters these claims, stating the language is “broad” but “not vague at all.” She emphasizes that the amendment specifically addresses pregnancy-related decisions and does not extend to gender-affirming care.

The debate has also touched on how the amendment would interact with existing state laws. Bradley asserts it wouldn’t change current statutes regarding parental notification or medical standards. Trimbath, however, argues that as a constitutional amendment, it would supersede existing state laws.

Despite the controversy, recent polling suggests strong support for the measure, with 69% of surveyed voters planning to vote in favor of Question 1.

As mail-in voting begins and Election Day approaches, both sides continue to make their case to Maryland voters. Supporters frame the amendment as a crucial protection for reproductive rights in an uncertain legal landscape, while opponents warn of potential unintended consequences and overreach.

The outcome of this vote could have significant implications for reproductive rights in Maryland and may set a precedent for similar measures in other states grappling with the aftermath of the Supreme Court’s decision to overturn Roe v. Wade.