Delaware 2025-2026 Regular Session

Delaware Senate Bill SB5

Introduced
3/6/25  
Refer
3/6/25  
Engrossed
3/11/25  

Caption

An Act Proposing An Amendment To Article I Of The Delaware Constitution Relating To The Right To Reproductive Freedom.

Impact

The passage of SB5 would significantly impact Delaware state law by embedding the right to reproductive freedom in the state's constitution. By doing so, it seeks to protect individuals from potential overreach by the state in matters of reproductive health. The intended legal change would mean that state regulations on abortion would only apply post-fetal viability, ensuring that abortions deemed medically necessary by healthcare professionals remain accessible. This could alter the landscape for reproductive healthcare providers and patients alike in Delaware.

Summary

Senate Bill 5 is a legislative proposal that aims to amend Article I of the Delaware Constitution to explicitly guarantee the right to reproductive freedom. This amendment is designed to ensure that every individual in Delaware has the fundamental right to make decisions regarding pregnancy, which includes various aspects such as prenatal care, childbirth, postpartum care, contraception, sterilization, abortion, miscarriage management, and infertility care. The bill emphasizes that an individual's reproductive rights cannot be denied or infringed upon, thereby reinforcing personal autonomy in healthcare decisions.

Sentiment

General sentiment surrounding SB5 indicates strong support from various advocacy groups who view it as a critical safeguard for reproductive rights in Delaware. Proponents argue that the amendment is essential for ensuring personal freedom and healthcare access, particularly in light of increasing restrictions on reproductive rights nationwide. Conversely, the bill faces opposition from certain groups who advocate for more restrictive measures concerning abortion. This polarization reflects broader national debates on reproductive rights, highlighting a significant societal divide on the issue.

Contention

Notable points of contention surrounding SB5 include the debate over fetal viability and whether the state should impose any regulations on abortion care at all. Opponents of the bill may argue that any form of regulation could undermine the right to reproductive freedom envisioned by the amendment. Additionally, the requirement for a two-thirds majority vote in both houses to pass the amendment presents a legislative challenge, as approval from a broader spectrum of lawmakers will be necessary to move forward.

Companion Bills

No companion bills found.

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