Maryland abortion law settled by ballot question in 1992 - WBAL TV Baltimore
BALTIMORE —
Maryland voters decided the abortion question 30 years ago on the ballot, and that decision stands today.
It was a heated debate in the 1992 November election in Maryland over ballot question 6, which legalized access to abortion as a matter of state law. Voters approved the ballot measure by a 2-1 margin, and it remains standing today.
"The legality of abortion in Maryland is stable, and I think Marylanders can rest assured they will continue to have the same right to abortion they have today," said Professor Leslie Henry, with the University of Maryland Carey Law School
1992 Maryland abortion ballot question language
"Revises Maryland's abortion law to prohibit state interference with woman's abortion decision before fetus is viable, or, under certain conditions, at any time and to provide certain exceptions to the requirement that a physician notify an unmarried minor's parent or guardian prior to minor's abortion; repeals pre-abortion information requirements about abortion alternatives; repeals some, and clarifies other, provisions related to abortion referral; requires that abortions be performed by licensed physicians; provides good-faith immunity under certain conditions to physicians performing abortions; authorizes State to adopt abortion regulations; repeals certain penalty and disciplinary provisions related to the performance of abortions."
Experts: Maryland law was intended to protect access to abortion
Legal experts said the Maryland law was intended to protect access to abortion, even if Roe v. Wade was overturned by the Supreme Court, which seems likely now.
A draft opinion published Monday night by Politico indicates the U.S. Supreme Court is inclined to overturn Roe v. Wade, which legalized abortion nationwide, and throw the issue of access to abortion back to the states.
Supreme Court Chief Justice John Roberts on Tuesday confirmed the authenticity of leaked draft opinion and ordered an investigation.
"If Roe v. Wade and the subsequent cases upholding Roe v. Wade are overturned by the Supreme Court, Maryland will still provide abortions as a legal right to abortions in this state," Henry said.
Lawmakers expanded abortion access during Session 2022
Attempts to restrict access to abortion in the Maryland General Assembly have failed. Instead, in the 2022 legislative session, lawmakers expanded access to abortion by allowing additional health care providers to perform them. The new law went on the books after legislators overrode Republican Gov. Larry Hogan's veto.
One consequence of the Supreme Court's likely decision is demand for abortion in Maryland could grow.
"We are surrounded by states where abortion access for people in those states is less likely after this decision than it is now," Henry said. "And, if people in neighboring states don't have access to abortion, there is an increased likelihood they will travel to Maryland to seek that access."
A bill to amend Maryland's constitution to include abortion rights overwhelmingly passed the House of Delegates this past session, but it did not get a vote in the Maryland Senate before the session ended.
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source: https://www.wbaltv.com/article/maryland-abortion-law-1992-withstands-status-of-roe-v-wade/39893232
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