When Maryland voters go the polls in November, they will be presented with a ballot measure that seeks to enshrine in the state’s Constitution an amendment that “confirms an individual’s fundamental right to reproductive freedom.”
If approved by voters, the measure, known as Question 1, would make it virtually impossible for Maryland lawmakers to enact any laws that would “directly or indirectly, deny, burden, or abridge the right” to an abortion throughout all nine months of pregnancy.
Question 1 would add to the Declaration of Rights in the Maryland Constitution a right to reproductive freedom, including “the ability to make and effectuate decisions to prevent, continue, or end one’s own pregnancy.”
The Maryland Catholic Conference and the state’s bishops have urged voters to reject the measure. In a May statement, the bishops said “a constitutional amendment severely limits legislative flexibility and prevents elected officials from enacting laws that respond to changing circumstances or new evidence related to abortion policy and the protection of women.”
Diane Arias, associate director of Respect for Life Advocacy at the Maryland Catholic Conference, provided to the Catholic Standardand the Spanish-language El Pregonero newspapers the following answers to questions about the ballot measure:
What is the message you want to express to voters in Maryland about the state’s abortion amendment?
Question 1 is a ballot initiative that, if passed, would enshrine abortion in the Maryland State constitution. Maryland is one of 10 states currently seeking to enshrine abortion in their constitutions through similar ballot initiatives. Maryland is unique in that it already has some of the most permissive abortion laws in the country. As Catholics, we have a civic responsibility to vote in alignment with the Church’s teachings. A vote against this constitutional amendment is a vote in support of women and justice.
Explain the work you have been doing at the Maryland Catholic Conference to promote No on the “Right to Productive Freedom Amendment” question?
The Maryland Catholic Conference has developed bilingual resources for parishes and all Maryland citizens to learn about Question 1. Available on our website, these resources include an educational webinar, FAQs, flyers, bulletin inserts, Flocknote announcements, social media graphics, doorhangers, stickers, and prayers. The MCC continues to visit parishes to present on Question 1 and answer any questions. We strongly encourage parishes to utilize these materials and to educate themselves thoroughly before voting, ensuring that their choices reflect Catholic teachings.
How would women and Latino and Catholic families in Maryland be harmed if the YES wins and abortion is enshrined in the state constitution?
Maryland is already one of the most permissive states regarding abortion. If abortion is enshrined in the constitution, important protections that could be implemented in the future, such as requiring a woman to view an ultrasound before an abortion or establishing a 24-hour waiting period, would no longer be possible. Furthermore, efforts to pass life-affirming legislation that addresses the root causes of abortion, including socioeconomic disparities affecting minority and Latino communities, would be significantly hindered. Enshrining abortion in the constitution could shift focus and resources away from initiatives that truly support women’s well-being. To effectively advocate for policies that serve women, Latino, and Catholic families, we must push for more robust healthcare solutions. Our Maryland communities deserve more than just abortion.
If “No” wins, would it change anything about abortion policies and regulations in Maryland, a state that already allows abortion at any stage of pregnancy?
Unfortunately, if this amendment does not pass, nothing regarding abortion laws will change in Maryland. Currently, a teen or woman in Maryland can have an abortion at any stage of pregnancy, including the full nine months, with minimal protections in place. Maryland’s laws do not require minors to obtain parental consent for an abortion, and the parental notification law has several exceptions. For instance, parents may not be informed if the abortion provider deems the minor mature enough to make the decision independently. Without enshrining abortion in the state constitution, Maryland would retain greater legislative flexibility.
Although the election is on Nov. 5, what have you been able to feel about the potential support or rejection of this initiative?
The bills that placed this question on the general election ballot – Senate Bill 798 and House Bill 705, passed in 2023 – received strong legislative support. Maryland has consistently advocated for abortion access, including late-term abortions, and is one of only two states that neither collect nor report abortion data to the CDC. Maryland’s history as a strong supporter of abortion rights may influence the outcome of this amendment. However, we hope and pray that Catholics will vote according to their conscience and Church teachings, particularly to protect the most vulnerable, including the unborn.
Is it possible that if the “Yes” wins, the limitations on religious freedom will be increased?
Enshrining abortion in the constitution could lead to unintended legal consequences, potentially undermining existing protections for religious freedom, conscience rights, and healthcare providers’ ability to practice in line with their beliefs. While Maryland currently safeguards conscience protections, allowing providers to refrain from performing abortions, we are concerned that if Question 1 passes, these protections could be at risk of being repealed. Constitutional amendments hold a higher legal status than statutes, as they are considered the supreme law of the state. Amending or repealing such laws requires a more stringent process, including legislative approval and ratification by voters through a referendum. This makes constitutional amendments more difficult to modify than regular statutes.
Information and resources about the effort to fight the Question 1 amendment is available from the Maryland Catholic Conference at mdcatholic.org/voteno.
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