On June 24, 2022, reproductive healthcare was forever changed by the Supreme Court Dobbs decision.[1] Dobb’s v. Jackson Women’s Health Organization overturned Roe v. Wade which provided a federal protection of abortion care until viability.[2] The Supreme Court’s Dobbs decision has significantly changed the landscape of reproductive healthcare, putting the power in the hands of individual states.[3] Maryland’s Ballot Question 1, passed on November 5th, sought to protect reproductive rights by adding the right to the state Constitution. This passage reflects the state’s strong commitment to ensuring access for all.

Before the passage of Question 1, Maryland’s law allowed abortion access up until viability.[4] To further enshrine this right, the state has offered to codify the right to reproductive freedom into the state Constitution by allowing residents the opportunity to vote on Question 1 on the November ballot.[5]  Maryland Question 1 stated:

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.[6]

While there was some opposition,[7] the majority of Maryland residents voted yes to Question 1.[8] The new amendment has established reproductive rights, including access to birth control, in vitro fertilization (IVF), and other family planning care,[9] as a fundamental right within Maryland.[10] The amendment offers strong protection against changing political administrations.[11] Supporters for Question 1 believed that the codification was a necessary protection, especially given the national attacks on reproductive rights, arguing that it would help ensure that future lawmakers cannot undermine these rights within Maryland.[12]

Now that reproductive rights have been codified into the Maryland Constitution, Maryland is likely to become a welcoming place for anyone seeking reproductive care. Governor Wes Moore has expressed that he hopes for Maryland to be “a safe haven for abortion access.”[13]  Additionally, the Privileges and Immunity Clause of the United States Constitution[14] will guarantee the new protections will extend protection to non-residents traveling from states with stricter abortion laws, ensuring they can receive the care they need. Ultimately, Question 1 protects all individuals seeking reproductive care in Maryland.[15]

The people of Maryland have voted to ensure that reproductive rights are forever protected in Maryland’s constitution. Only a national abortion ban could overturn the new amendment.[16] As Maryland aims to be a sanctuary for all individuals seeking reproductive care, it is crucial to keep the conversation about reproductive rights alive. Several states included reproductive rights-related measures on their ballots, with most states voting for protection.[17] However, for the first time since Dobbs, some states voted not to enshrine protections for reproductive rights.[18] The future of reproductive care in Maryland will depend not just on efforts like Question 1, but also on how the national legal landscape develops.

Michaela “Odi” Odian is a second-year J.D. candidate at the University of Baltimore School of Law and a Staff Editor for the University of Baltimore Law Forum. She received her Bachelor of Science in Neuroscience with a minor in Interdisciplinary Ethics from Belmont University. Last summer she was a law clerk for the Maryland Department of Health. She will graduate in 2026 and hopes to pursue a career in healthcare law. 

[1] Dobbs v. Jackson Women’s Health Org., 597 U.S. 215, 231 (2022).

[2] Id. (explaining that viability is when the fetus could survive outside the womb on its own).

[3] Id. at 232; see also, After Roe Fell: Abortion Laws by State, Ctr. Reprod. Rts. https://reproductiverights.org/maps/abortion-laws-by-state/ (last visited Oct. 25, 2024) (stating that many states like Alabama have implemented total abortion bans with their trigger laws); see also, Ohio Issue 1, Right to Make Reproductive Decisions Including Abortion Initiative (2023), Ballotpedia https://ballotpedia.org/Ohio_Issue_1,_Right_to_Make_Reproductive_Decisions_Including_Abortion_Initiative_(2023) (last visited Oct. 18, 2024) (explain that other states, like Ohio, allowed for their residents to vote for their right to reproductive freedom and that the majority of Ohio citizens voted for abortion to be available up until viability).

[4] Maryland Question 1, Right to Reproductive Freedom Amendment (2024), Ballotpedia https://ballotpedia.org/Maryland_Question_1,_Right_to_Reproductive_Freedom_Amendment_(2024) (last visited Oct. 24, 2024).

[5] Id.

[6] Email from Susan C. Lee, Sec. of State, to Jerad DeMarinis, State Elections Administrator (July 17, 2024) https://elections.maryland.gov/elections/2024/Ballot%20Language%20Certification%202024%20Question%201.pdf

[7] Maryland voters urged to vote against ‘Question 1’ abortion ballot measure, Cath. Standard (Oct. 11, 2024) https://www.cathstan.org/voices/maryland-voters-urged-to-vote-against-question-1-abortion-ballot-measure (affirming that Catholic organizations that opposed Question 1, raised concerns that the amendment would be too restrictive to their religious freedom and that it could make it harder for future lawmakers to change reproductive laws).

[8] Maryland Ballot Measures 2024, NBC News (Nov. 7th, 2024, 11:48PM) https://www.nbcnews.com/politics/2024-elections/maryland-ballot-measures (All but one Maryland county, Allegany County, had a majority yes vote and the final tally was 1,857,767 votes in favor of the Constitutional amendment and 634,389 against).

[9] Kara Burnett, Abortion is Already Legal in Maryland, Question 1 Would Protect that from Ever Changing, WMAR2NEWS, (Oct. 24, 2024, 12:16PM) https://www.wmar2news.com/local/reproductive-rights-on-the-ballot-question-1-explained

[10] Email from Susan C. Lee, supra, note 6.

[11] Question 1 Amendment, supra, note 4.

[12] VOTE YES on 1: Protect Reproductive Rights and Abortion Access, Freedom in Reprod. – Md. https://mdreprofreedom.com/ (last visited, Oct. 25, 2024).

[13] Question 1 Amendment, supra, note 4.

[14]ArtIV.S2.C1.1 Overview of Privileges and Immunities Clause, Const. Annotated https://constitution.congress.gov/browse/essay/artIV-S2-C1-1/ALDE_00013777/#:~:text=Not%20all%20distinctions%20between%20state,1%20Overview%20of%20Fundamental%20Rights (last visited, Oct. 19, 2024). The Privileges and Immunity clause provides that a state may not discriminate against non-residents from a fundamental right unless the state can prove a substantial reason and relationship for the discrimination. However, this discrimination needs to be expressed within the state Constitution and the Maryland legislature did not expressly discriminate the right to reproductive freedom against non-residents. The legislative intent for Maryland Question 1 seems to be inclusive for all individuals seeking reproductive care in Maryland. Id.

[15] After Roe Fell: Abortion Laws by State, supra, note 3.

[16] Supreme Law, U.S.C.S. Art. VI, CL 2 (1992).

[17] Isabel Guarnieri & Krystal Leaphart, Abortion Rights Ballot Measures Win in 7 out of 10 US States, Guttmacher (Nov. 6, 2024) https://www.guttmacher.org/2024/11/abortion-rights-state-ballot-measures-2024 New York, Arizona, Missouri, Colorado, Montana, and Nevada passed amendments in favor of reproductive rights. Id.  

[18] Id. (explaining the three states that chose to keep their bans on access which are Florida, South Dakota, and Nebraska); see Florida Amendment 4, Right to Abortion Initiative (2024), Ballotpedia https://ballotpedia.org/Florida_Amendment_4,_Right_to_Abortion_Initiative_(2024) (last visited Nov. 8, 2024); see also, Andrea Chu, Why do Florida amendments need 60% of the vote to pass?, wtsp (Nov. 6, 2024 1:17AM)  https://www.wtsp.com/article/news/politics/elections/voting/florida-amendment-results-need-60-percent-abortion-marijuana/67-c60d3ab6-1455-4985-b50a-3d8a545905b0