WES MOORE, Governor Ch. 245
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Chapter 245
(House Bill 705)
AN ACT concerning
Declaration of Rights – Right to Reproductive Freedom
FOR the purpose of establishing that every person, as a central component of an
individual’s rights to liberty and equality, has the fundamental right to reproductive
freedom; and prohibiting the State from, directly or indirectly, denying, burdening,
or abridging the right unless justified by a compelling State interest achieved by the
least restrictive means.
BY proposing an addition to the Maryland Constitution
Declaration of Rights
Article 48
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
(Three–fifths of all the members elected to each of the two Houses concurring), That it be
proposed that the Maryland Constitution read as follows:
Declaration of Rights
ARTICLE 48.
THAT EVERY PERSON, AS A CENTRAL COMPONE NT OF AN INDIVIDUAL ’S
RIGHTS TO LIBERTY AN D EQUALITY , HAS THE FUNDAMENTAL RIGHT TO
REPRODUCTIVE FREEDOM , INCLUDING BUT NOT LI MITED TO THE ABILITY TO MAKE
AND EFFECTUATE DECIS IONS TO PREVENT , CONTINUE, OR END ONE’S OWN
PREGNAN CY. THE STATE MAY NOT , DIRECTLY OR INDIRECT LY, DENY, BURDEN, OR
ABRIDGE THE RIGHT UN LESS JUSTIFIED BY A COMPELLING STATE INTEREST
ACHIEVED BY THE LEAS T RESTRICTIVE MEANS .
SECTION 2. AND BE IT FURTHER ENACTED, That the General Assembly
determines that the amendment to the Maryland Constitution proposed by Section 1 of this
Act affects multiple jurisdictions and that the provisions of Article XIV, § 1 of the Maryland
Constitution concerning local approval of constitutional amendments do not apply.
SECTION 3. AND BE IT FURTHER ENACTED, That :
(a) The amendment to the Maryland Constitution proposed by Section 1 of this
Act shall be submitted to the qualified voters of the State at the next general election to be
held in November 2024 for adoption or rejection pursuant to Article XIV of the Maryland
Constitution.
Ch. 245 2023 LAWS OF MARYLAND
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(b) (1) At that general election, the vote on the proposed amendment to the
Constitution shall be by ballot, and on each ballot there shall be printed the words “For the
Constitutional Amendment” and “Against the Constitutional Amendment”, as now
provided by law.
(2) At that general election, a question substantially similar to the
following shall be submitted to the qualified voters of the State:
“Question ____ Constitutional Amendment
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.”.
(c) Immediately after the election, all returns shall be made to the Governor of
the vote for and against the proposed amendment, as directed by Article XIV of the
Maryland Constitution, and further proceedings had in accordance with Article XIV.
Approved by the Governor, assigned a chapter number, enactment subject to
constitutional referendum, May 3, 2023.