On October 9, WDC had the honor of hosting a Community Education Zoom discussion about Maryland Ballot Question 1. This important question asks voters to decide whether to make reproductive freedom a right under the Maryland Constitution. Wendy Frosh, who has been a leader on this issue, was the key speaker.       

The discussion first considered legislation in Maryland to protect reproductive rights in the wake of the Supreme Court’s 2022 ruling in Dobbs v. Jackson. The decision rolled back almost 50 years of reproductive rights established by the Court’s 1972 decision in Roe v. Wade. Ever since Dobbs, states have become battlegrounds for reproductive freedom, with tragic reports of resulting hardships, injustices and great uncertainty.

Maryland has taken a strong stance in support of reproductive freedom, particularly after Dobbs. In 2022, the Maryland legislature overrode then Governor Larry Hogan’s veto of the Abortion Care Act. The Act provides more access to abortion care, dedicated training for medical professionals, and expanded insurance coverage.      

Then in 2023, as the impact of abortion restrictions on women and medical professionals in other states began to crystallize, Maryland enacted legislation that provided more protections for patients and providers, required certain colleges to provide reproductive healthcare, and paved the way for a constitutional amendment via a ballot measure in 2024.

The language of that constitutional amendment as it appears on our Ballot is as follows:

The proposed amendment confirms an individual’s fundamental right to an individual’s own reproductive liberty 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.”

[] For the Constitutional Amendment 

[] Against the Constitutional Amendment.

As Wendy explained, despite the legislation passed in Maryland to shore up reproductive health and freedom, a constitutional amendment is needed because laws can be repealed. The amendment would establish a right that people can rely upon. Amending the state’s constitution is far more difficult than passing a law. If this amendment is passed, the State would have to prove that it has compelling interest in interfering in reproductive decisions. This is the highest constitutional bar to pass and reflects the intent to secure this right.

Simply put, voting yes on Question 1 is important to protecting the rights of Marylanders to make reproductive health decisions without the fear of losing the right to do so. 

Be an informed voter! As Fatmata Barrie stated during the discussion, the word needs to get out about Question 1 so that people understand the importance of this constitutional amendment. She suggested calling 10 friends to make sure they understand the amendment; ask each of those friends to call 10 more. Be active; it is too important to let this slip because people are not paying attention. 

Wendy added that voters must look at the entire ballot, including election of all legislators and of judges since they will have an impact on how this amendment is interpreted and applied. 

To view the WDC’s October 9 discussion on Question 1, go to https://youtu.be/l9276hf1hfs

For more information on Question 1, see Maryland Reproductive Freedom 

For a Toolkit to take action on Question 1, see Toolkit