5 Things to Know about Maryland Question 1

While the presidential election is top of mind for the nation this November, Maryland Catholics are focusing on an amendment that would enshrine abortion into the state Constitution.

The Maryland Catholic Conference, which represents the state’s Catholic bishops in Annapolis, is joining other local Catholic leaders in urging Marylanders to vote no on Question 1 – “The Right to Reproductive Freedom Amendment.”

Here are five things to know about the amendment:

1. The “Right to Reproductive Freedom Amendment” is a ballot initiative before Maryland voters this fall. Question 1 says: “The proposed amendment 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, and provides the State may not, directly or indirectly, deny, burden, or abridge the right unless justified by a compelling State interest achieved by the least restrictive means.”

2. A constitutional amendment is different from a statute, or law, passed by the General Assembly with governor approval. These laws can be amended, repealed or replaced as circumstances and needs change. In contrast, a constitutional amendment is very difficult to repeal, requiring multiple steps and ratification by voters. It has a higher legal status and a broad scope and takes away the flexibility to be responsive.

3. Maryland is already one of the most permissive states on abortion policy. Nothing regarding abortion access would change in Maryland if Question 1 doesn’t pass. Currently a teen or woman in Maryland can have an abortion at any stage of pregnancy – throughout the entire nine months. Very few protections are in place. Minors can obtain an abortion and other medical services without parental consent and the parental notification law has numerous exceptions. For example, parents don’t need to be informed if the abortion provider decides the minor has the maturity to make an abortion decision herself.

4. Common sense safeguards for women’s health, such as ultrasounds, the ability to collect abortion data, waiting periods or any other needs that may arise as healthcare knowledge changes, could be barred. Health care worker conscience rights may be threatened.

5. Enshrining abortion in the constitution diverts attention and resources from full attention to women’s other choices and needs and the social and economic inequalities that lead to abortion. According to Jenny Kraska, executive director of the Maryland Catholic Conference, “Our focus needs to be ensuring access to resources and support services for pregnant women and mothers, including healthcare, childcare, education and economic assistance. It is essential that we create a culture of empathy and solidarity where women feel supported and respected, not put up barriers.”

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