Abortion-rights advocates celebrate Question 1 win, now worry about a federal abortion ban
Abortion-rights activists celebrated the overwhelming approval Tuesday of a ballot measure that adds reproductive rights to the state constitution, but woke up Wednesday to President-elect Donald Trump and fears that a Republican-controlled Congress could undermine Tuesday’s win. Just over 74% of voters approved the measure, which amends the state constitution to enshrine reproductive freedom in the document, with the goal of defending abortion rights and other reproductive freedoms from future anti-abortion state or presidential administrations.
The Impact of the Constitutional Amendment
“I think the (2024) race reminds us why it was so important to codify reproductive freedom into our constitution, because you never know who will be in power or how that influences policy and laws,” said Erin Bradley, chair of Freedom in Reproduction-Maryland (FIRM). She said that abortion rights activists are “doing their research, analyzing and doing their scenario planning,” to forecast potential challenges to Question 1.
The following table summarizes the key outcomes of the Maryland vote:
| Measure | Details |
|---|---|
| Voter Approval | Just over 74% |
| Core Objective | Enshrine reproductive freedom in the state constitution |
| Key Protections | Defending abortion rights and reproductive freedoms |
Concerns Regarding a Federal Abortion Ban
Even though Trump backed away from previous anti-abortion positions during this campaign, reproductive-freedom activists fear that abortion protections under the state’s new constitutional amendment would be undermined by a federal abortion ban, if one is enacted. “It’s pretty bleak,” said Katie Curran O’Malley, executive director of the Women’s Law Center of Maryland Inc. and a retired Baltimore City District Court judge. Her fear is that an anti-abortion Congress will present a bill to outlaw abortion throughout the country.
“He (Trump) could sign the bill, and it’d be a federal ban,” O’Malley said. “And … that federal law then preempts state constitutional protections – so, our state constitutional amendment.” Furthermore, abortion rights activists fear he may follow policies outlined in the Heritage Foundation’s Project 2025, which heavily criticizes non-emergency abortions, the abortion medication mifepristone, and “mail-order” abortions.
Additional concerns include the following judicial risks:
- Trump can now appoint more judges.
- He could nominate judges that have sympathy for the idea that the federal constitution protects fetal rights.
- Legal arguments that the 14th Amendment applies to a fertilized egg, or embryos and fetuses, could go up to the Supreme Court.
Opposition and Future Challenges
Meanwhile, anti-abortion advocates in Maryland who fought unsuccessfully to stop the ballot amendment, said they are not giving up the fight, but are actively looking for opportunities to challenge the change in court, on First Amendment or other grounds. “There will be a renewed focus for people of faith, and all people of good will, to fight that” amendment, said Jeffrey Trimbath, president of the Maryland Family Institute. Opponents in Maryland, meanwhile, look for ways to attack new consititutional protections approved Tuesday by voters.
In a statement Wednesday, Maryland Attorney General Anthony Brown said that during a Trump presidency, his office would continue its “dedication to protecting the rights and well-being of Maryland’s communities.” That includes reproductive freedoms granted under the new constitutional amendment, the statement said.