With fate of U.S. abortion rights unclear, Maryland House speaker aims to strengthen state protections

Aug. 2, 2018 (Washington Post): With fate of U.S. abortion rights unclear, Md. House speaker aims to strengthen state protections, by Erin Cox:

Maryland House Speaker Michael E. Busch plans to lead a statewide effort to enshrine a woman’s right to safe and legal abortion care in the Maryland constitution, joining other states in attempting to preempt any move by the Supreme Court to erode abortion protections.

The Speaker said he will personally introduce and earn support for legislation asking voters to approve a constitutional amendment, likely in the 2020 presidential election. An amendment would ensure that even if the Supreme Court overturned Roe v. Wade, no legislation outlawing abortion could be passed in Maryland.

Maryland Governor Larry Hogan, a Republican who is anti-abortion, said that that letting voters decide on the issue “sounds like a great idea.” Ben Jealous, his Democratic opponent running to replace Hogan this November, vowed to campaign in support of the amendment.

Abortion opponents and abortion rights advocates believe a strongly worded dissent Supreme Court nominee Brett Kavanaugh issued last fall, in a case involving a pregnant immigrant teenager in federal custody, indicates he would favor more abortion restrictions and might support overturning the federal protections that began with Roe.

Last week, Massachusetts Governor Charlie Baker signed a bill repealing century-old laws that criminalized abortion care. West Virginia and Alabama have initiatives on the ballot this year to clarify that their state constitutions do not protect the right to an abortion.

If Busch succeeds in persuading three-fifths of each chamber of the Maryland General Assembly to approve the constitutional amendment next year, Maryland voters would see it on the 2020 ballot.

Nine states currently have abortion protections in their state constitutions, according to the Center for Reproductive Rights: Alaska, California, Florida, Iowa, Massachusetts, Minnesota, Montana, New Jersey and New Mexico.

Busch said the amendment would insert Maryland’s existing abortion statute into the state constitution. That law was approved by the General Assembly in 1991. After antiabortion groups petitioned it to a referendum, it passed with 61.7 percent of the vote.

The law allows individuals to seek abortion care without interference from the state if the fetus is not viable outside the womb. An individual may also terminate a pregnancy at any point if the fetus has a “genetic defect or serious anomaly” or if an abortion is necessary to protect the health of the pregnant person.

Busch said he will introduce the amendment proposal when the legislature convenes in January and is confident he can find the votes from lawmakers on both sides of the aisle.