A group opposing an effort to enshrine access to abortion in Maryland’s constitution is hinging their argument on parental rights.
The group, Health Not Harm Maryland, says Question 1 on the November ballot is deceptively billed as a “reproductive freedom” measure but will allow minors to have abortions, and potentially other procedures, without their parents’ knowledge. The group launched their campaign Thursday at an Annapolis news conference.
Their effort attempts to swim upstream against national political currents. Voters in seven states have decided abortion-related ballot questions since the U.S. Supreme Court overturned the constitutional right to an abortion in 2022. In all seven instances — in both Republican- and Democratic-controlled states — the position protecting abortion rights won. Another eight states, including Maryland, have abortion-related issues on the ballot in November.
“What Marylanders need to know is what is not in this amendment,” said Deborah Brocato, the group’s chair. “There are not minimal age limits for those under 18, no parental consents in this amendment, and not only is reproductive freedom not defined in this amendment but it’s not defined anywhere in Maryland law.”
The group of about 20 people gathered in Annapolis acknowledged that if the measure passed, not much might change in practice for those seeking abortions, even for minors. The procedure remained legal in the state after the U.S. Supreme Court overturned the Roe v. Wade decision.
Further, Maryland has no requirement that parents give consent for their children under age 18 to have an abortion. The law says parents need to be notified, but doctors can waive the requirement if they believe the minor is mature enough to make the decision, may be subject to harm or other circumstances.
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What Brocato’s group says it opposes is permanently enshrining the broad right, particularly for minors with no parental involvement required. The group also argues that vague language would allow minors to freely access gender-affirming care, though sponsors of the measure have not indicated that intent.
Jonathan Alexander, counsel for the religious-based Maryland Family Institute, said during the event that the ballot measure is “an overreaction to the Roe v. Wade” decision that “pushes limitless abortion” for minors and procedures that would “break up their bodies.”
Maryland lawmakers voted last year to place the question on the ballot as an extra layer of protection for abortion post-Roe.
In Maryland, a large majority supports continuing to keep abortion legal under all or certain circumstances, according to a statewide poll conducted by Goucher College in partnership with The Baltimore Banner.
A group in support of the ballot question launched its own campaign in favor of the measure in January, arguing that a state law might not be sufficient to protect reproductive rights given the level of polarization nationally.
Erin Bradley, the chair of the committee supporting the amendment, called Freedom in Reproduction, called opponents’ arguments “disinformation.”
The amendment “creates a constitutional right to abortion so that Marylanders will always have the freedom to make their own decisions,” Bradley said. “It does not alter the regulations or standards of care that are already clearly defined in Maryland law.”
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