Democratic state senators propose enshrining abortion rights among other reproductive freedoms within the state’s constitution.
Delaware lawmakers passed legislation in 2017 that legalizes abortion access in the First State up to viability, but this amendment would take those protections one step further.
The bill’s sponsor, Sen. Majority Leader Bryan Townsend (D-Newark), explains he felt it necessary to introduce the bill following the overturning of Roe v. Wade and the ongoing uncertainty around federal action on reproductive rights.
Senate Bill 5 would constitutionalize an individual's right to "make and effectuate decisions about all matters relating to pregnancy, including prenatal care, childbirth, postpartum care, contraception, sterilization, abortion care, miscarriage management, and infertility care."
During the bill’s first hearing in the Senate Health and Social Services Committee, some Republican senators came to speak in opposition.
Those Republicans repeatedly questioned why a constitutional amendment is necessary when the protections are already covered by state law, including State Sen. Dave Lawson (R-Marydel).
“We have laws in Delaware now that make it quite simple — quite easy to get an abortion if you can find a doctor that does that. I don't know why we need to put it into the constitution because our constitutions, historically, have spoken to life, liberty, and pursuit of happiness, and this isn't happy no matter what," Lawson said.
Townsend responded the amendment maximizes these protections under Delaware law and is a statement from the legislature that these rights are “important enough to be in the constitution.”
Republican senators in opposition also cited religious concerns and lack of decision-making power by the father when deciding whether or not to terminate a pregnancy.
Over 30 members of the public came to speak on the bill. Those in opposition of the constitutional amendment cited similar concerns as Republican lawmakers, while advocates, like Planned Parenthood of Delaware's CEO April Thomas-Jones, argued enshrining these rights protects the autonomy of pregnant individuals.
"Ensuring that this right is protected in Delaware's Constitution will safeguard the ability of Delawareans to access care without fear, without political interference nor legal challenges," Thomas-Jones said during public comment. "Reproductive healthcare is not just about abortion. It is about empowering individuals to make decisions about their health and their well-being."
The amendment awaits consideration in front of the full Senate.
In order to become a constitutional amendment, the bill must receive a 2/3 majority in both chambers this legislative session, and a second leg of the amendment must be passed again in a subsequent General Assembly, which won't convene until January 2027.
