EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0798*
SENATE BILL 798
J1 CONSTITUTIONAL AMENDMENT 3lr2986
CF HB 705
By: Senators Ferguson, Hettleman, Lam, Hester, Waldstreicher, Carter, James,
M. Washington, Gile, Kagan, King, Kramer, Feldman, Lewis Young, Watson,
Beidle, Guzzone, Elfreth, Smith, and Zucker
Introduced and read first time: February 6, 2023
Assigned to: Finance
Committee Report: Favorable
Senate action: Adopted
Read second time: March 4, 2023
CHAPTER ______
AN ACT concerning 1
Declaration of Rights – Right to Reproductive Freedom 2
FOR the purpose of establishing that every person, as a central component of an 3
individual’s rights to liberty and equality, has the fundamental right to reproductive 4
freedom; and prohibiting the State from, directly or indirectly, denying, burdening, 5
or abridging the right unless justified by a compelling State interest achieved by the 6
least restrictive means. 7
BY proposing an addition to the Maryland Constitution 8
Declaration of Rights 9
Article 48 10
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
(Three–fifths of all the members elected to each of the two Houses concurring), That it be 12
proposed that the Maryland Constitution read as follows: 13
Declaration of Rights 14
ARTICLE 48. 15
THAT EVERY PERSON , AS A CENTRAL COMPONE NT OF AN INDIVIDUAL ’S 16
RIGHTS TO LIBERTY AN D EQUALITY , HAS THE FUNDAMENTAL RIGHT TO 17
REPRODUCTIVE FREEDOM , INCLUDING BUT NOT LI MITED TO THE ABILITY TO MAKE 18 2 SENATE BILL 798
AND EFFECTUATE DECIS IONS TO PREVENT , CONTINUE, OR END ONE ’S OWN 1
PREGNANCY . THE STATE MAY NOT , DIRECTLY OR INDIRECT LY, DENY, BURDEN, OR 2
ABRIDGE THE RIGHT UN LESS JUSTIFIED BY A COMPELLING STATE INTEREST 3
ACHIEVED BY THE LEAS T RESTRICTIVE MEANS . 4
SECTION 2. AND BE IT FURTHER ENACTED, That the General Assembly 5
determines that the amendment to the Maryland Constitution proposed by Section 1 of this 6
Act affects multiple jurisdictions and that the provisions of Article XIV, § 1 of the Maryland 7
Constitution concerning local approval of constitutional amendments do not apply. 8
SECTION 3. AND BE IT FURTHER ENACTED, That: 9
(a) The amendment to the Maryland Constitution proposed by Section 1 of this 10
Act shall be submitted to the qualified voters of the State at the next general election to be 11
held in November 2024 for adoption or rejection pursuant to Article XIV of the Maryland 12
Constitution. 13
(b) (1) At that general election, the vote on the proposed amendment to the 14
Constitution shall be by ballot, and on each ballot there shall be printed the words “For the 15
Constitutional Amendment” and “Against the Constitutional Amendment”, as now 16
provided by law. 17
(2) At that general election, a question substantially similar to the 18
following shall be submitted to the qualified voters of the State: 19
“Question ____ Constitutional Amendment 20
The proposed amendment confirms an individual’s fundamental right to an individual’s 21
own reproductive liberty and provides the State may not, directly or indirectly, deny, 22
burden, or abridge the right unless justified by a compelling State interest achieved by the 23
least restrictive means.”. 24
(c) Immediately after the election, all returns shall be made to the Governor of 25
the vote for and against the proposed amendment, as directed by Article XIV of the 26
Maryland Constitution, and further proceedings had in accordance with Article XIV. 27