What is Maryland ballot Question 1? Reproductive rights up for vote in 2024 election

CBS News Baltimore

BALTIMORE - Abortion rights are front and center on the 2024 Maryland election ballot with Question 1. 

Abortion is legal in Maryland. However, state lawmakers last year passed an amendment that would enshrine the right to an abortion, and "reproductive freedom," in Maryland's constitution.  

The legislation also protects patients and providers from criminal, civil and administrative penalties relating to abortion bans or restrictions in other states.

MORE ELECTION COVERAGE: Your guide to the top races in Maryland for the 2024 election

What is Ballot Question 1? 

Ballot Question 1 would add a new section that guarantees a right to reproductive freedom, defined to include "the ability to make and effectuate decisions to prevent, continue, or end one's own pregnancy," according to the bill.

The constitutional amendment, which was cross-filed between Maryland's House and Senate, would affirm every person's fundamental right to reproductive freedom, which includes deciding on "preventing, continuing or ending one's pregnancy."

Despite abortion being legal in the state, after the Supreme Court's decision in 2022, which said there is no constitutional protection for abortions under federal law, some Maryland lawmakers worked to enshrine that right in the state constitution.  

"We as the state of Maryland have an obligation and a duty to protect women in this state and protect providers, to make sure that bodily autonomy and privacy matter here in the state of Maryland," said Senate President Bill Ferguson in 2023. "This gives residents of this state an opportunity to send a clear signal that access to safe abortions will be enshrined and will be projected for the future."

Opposition to Ballot Question 1

Anti-abortion advocates are pushing for expanded financial resources instead of expanded abortion access.

"Abortion remains one of the most immoral actions that can be done to any person," said an anti-abortion advocate last year. "Part of the text of this bill talks about the individual's right to liberty and equality, but what should be included here is that babies are individuals."

In a letter to voters at the start of the year, the Maryland Family Institute urged voters to reject the amendment, saying it would "cement Maryland's abortion laws, which are already some of the most extreme in the country." 

"This amendment threatens parental rights. We think it harms women and children and we believe it's unnecessary," Jeffrey Trimbath, President of Maryland Family Institute, said. "Even those who describe themselves as 'pro-choice', a large percentage of them want some form of restriction or regulation on abortion."

Support for Ballot Question 1

In January, abortion rights supporters kicked off a campaign to "Vote Yes" on November's ballot referendum to enshrine the right to an abortion in the state's constitution.

"We can't take anything for granted when it comes to reproductive health care," Maryland House Speaker Adrienne Jones said in January. "We don't just need to win. We need to send a message."

Last January marked the 51st anniversary of the Roe v. Wade Supreme Court decision, a case overturned in 2022, which left it to states to decide on abortion's legality.

Gov. Wes Moore and First Lady Dawn Moore have shown support for the effort to approve the amendment. 

"There are too many people who want to roll back the clock on our rights," Dawn Moore said.

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