AN ACT PROPOSING AN AMENDMENT TO ARTICLE I OF THE DELAWARE CONSTITUTION RELATING TO THE RIGHT TO REPRODUCTIVE FREEDOM.

Plain English Breakdown

The bill text confirms the amendment process requires passage in two consecutive General Assemblies separated by an election, but does not specify if voter approval is required beyond legislative action.

Delaware Constitutional Amendment on Reproductive Freedom

This bill proposes adding a new section to the Delaware Constitution that creates a fundamental right for individuals to make decisions about pregnancy and reproductive health.

What This Bill Does

• Creates a constitutional right for every individual to decide matters related to pregnancy, including prenatal care, childbirth, postpartum care, contraception, sterilization, abortion care, miscarriage management, and infertility care.
• States that no person's right to make these decisions can be denied or burdened by the state.
• Allows the state to regulate abortion services only after a fetus is viable enough to survive outside the womb.
• Requires an exception for any regulation if a health care professional determines an abortion is needed to protect the life, physical health, or mental health of the pregnant person.

Who It Names or Affects

• Every individual living in Delaware who makes decisions about pregnancy or reproductive health.
• Health care professionals providing prenatal, postpartum, contraception, sterilization, abortion, miscarriage management, or infertility services.
• The General Assembly of the next session after a general election, which must vote on this change again for it to become law.

Terms To Know

Constitutional Amendment

A formal change to the state's Constitution that requires approval by two-thirds of lawmakers in both houses and a second vote after an election.

Fetal Viability

The point during pregnancy when a fetus is able to survive outside the womb with or without medical help.

Limits and Unknowns

• This bill does not become law immediately; it must pass again in the next General Assembly after an election.
• The text defines what reproductive freedom includes but does not list specific penalties for violating these rights.
• The exact date this amendment would take effect is unknown because a future vote by lawmakers and potentially voters is required.

Official Summary Text

AN ACT PROPOSING AN AMENDMENT TO ARTICLE I OF THE DELAWARE CONSTITUTION RELATING TO THE RIGHT TO REPRODUCTIVE FREEDOM.
This Act is the first leg of an amendment to the Delaware Constitution to ensure that every Delawarean is afforded reproductive freedom.

Amending the Delaware Constitution requires not only the passing of the changes in this Act, but also passage of the same changes after the next general election by the next General Assembly.

This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the Delaware Constitution.

Current Bill Text

Legislation Document

SPONSOR:

Sen. Townsend & Sen. Lockman & Sen. Pinkney & Rep. Minor-Brown & Rep. Heffernan & Rep. K. Johnson & Rep. Griffith & Rep. Bush

Sens. Cruce, Hansen, Hoffner, Huxtable, Paradee, Poore, Seigfried, Sokola, Sturgeon, Walsh; Reps. Gorman, S. Moore, Neal, Phillips, Romer, Ross Levin, Snyder-Hall

DELAWARE STATE SENATE

153rd GENERAL ASSEMBLY

SENATE BILL NO. 5

AN ACT PROPOSING AN AMENDMENT TO ARTICLE I OF THE DELAWARE CONSTITUTION RELATING TO THE RIGHT TO REPRODUCTIVE FREEDOM.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1. Amend Article I of the Delaware Constitution by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 22. Right to reproductive freedom.

(a) Every individual has a fundamental right to reproductive freedom, which entails the 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.

(b) An individual’s right to reproductive freedom shall not be denied, burdened, nor infringed upon.

(c) This State may regulate the provision of abortion care after fetal viability, provided that in no circumstance shall this State prohibit an abortion that, in the professional judgment of an attending health care professional, is medically indicated to protect the life or physical or mental health of the pregnant individual.

SYNOPSIS

This Act is the first leg of an amendment to the Delaware Constitution to ensure that every Delawarean is afforded reproductive freedom.

Amending the Delaware Constitution requires not only the passing of the changes in this Act, but also passage of the same changes after the next general election by the next General Assembly.

This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the Delaware Constitution.

Author: Senator Townsend