ACLJ Testimony: Abortionists Pushing Radical Abortion Amendment in Maryland That Will Have "Seismic Effects," Eviscerating Pro-Life Laws and Expanding Abortion Through Birth

Once again, abortion radicals are pushing their extreme “abortion on demand” agenda in Maryland. Last year, we informed you about H.B. 1171, the “Declaration of Rights – Right to Reproductive Liberty” bill, which proposed an amendment to the Maryland Constitution to create a “right to reproductive freedom” – the euphemistic term for “abortion on demand.” We opposed that bill at the time, submitting testimony to the Maryland state legislature, and it did not advance through the legislative process.

Now, this bill has been repackaged into H.B. 705, but it is the same bill. We submitted written testimony to the Maryland House Health and Government Operations Committee opposing this radical bill on February 17, 2023.

This bill is even worse than the “right” to abortion that the U.S. Supreme Court erroneously found to exist in Roe v. Wade, an error that was corrected by the Supreme Court in Dobbs. H.B. 705 – if passed and voted on as an amendment – would make abortion a permanent right and strike down numerous pro-life state laws in Maryland.

As we stated in our written testimony opposing H.B. 705, it goes far beyond codifying Roe and represents a radical expansion of abortion, eviscerating nearly every pro-life law in the state:

Because the radical measures that would be implemented should H.B. 705 be passed are relatively new, and because the language of H.B. 705 is both broad in scope, and vague, it is not possible to fully quantify the effects on law that H.B. 705 would have if passed. Nonetheless, the proposed amendment would have seismic effects, disrupting the many laws in place that currently protect life and conscience. Most notably, the passage of H.B. 705 would prohibit future legislative efforts to place even modest limits on abortion, thwarting those who value innocent life and seek to protect it, and would prohibit future legislation that protects life from being enacted.

House Bill 705 goes far beyond simply attempting to codify the (erroneous) decisions of Roe and Casey. It incorporates “strict scrutiny” for abortion claims in a manner that will have a deleterious effect on a host of other laws, and neglects the balancing pursued by the Court.

We also pointed out:

In Casey, the Supreme Court rejected strict scrutiny for abortion explicitly as an insufficient test, emphasizing instead “that the State has legitimate interests in the health of the woman and in protecting the potential life within her.” That interest would be neglected by a strict scrutiny standard. . . . Such a standard would invalidate many of the laws adopted by the state of Maryland in order to protect the interests of all. An abortion amendment would invalidate state abortion restrictions that are supported by the majority of the public, including the following common sense, protective laws: partial-birth abortion bans; infanticide bans; bans on selective abortion based on gender or disability; parental notification; informed consent; and many more. House Bill 705 contains no saving provisions for already existing laws.

Because the language in H.B. 705 is so broad and vague, “There is a long list of laws that would likely be struck down, without notice to the public, by this proposed legislation,” including the fact that “[a]bortions may [currently] be prohibited after viability in Maryland unless necessary to preserve the woman’s life or health or unless the preborn baby is affected by a genetic defect or serious deformity or abnormality.”

This means that if H.B. 705 were to pass and become an amendment to the Maryland Constitution, abortion on demand up until birth would be possible, and there would be little to nothing that those who value and seek to protect innocent human life could do about it. As we stated in our testimony:

H.B. 705 is a voluntary attempt, on the part of some members of the legislature, to give up the legislative ability, nay, duty, to regulate abortion – even with common sense measures that are already in place – and to leave women and girls vulnerable to the unregulated practices of people who profit from abortion.

H.B. 705 is just one more way in which radical abortionists demonstrate that they will stop at nothing to push abortion. Maryland already has some of the most liberal abortion laws in the nation—which makes them some of the most liberal in the world. But abortionists are never content. Let’s not forget that just last year, lawmakers in Maryland were pushing a bill that would have effectively legalized infanticide up until 28 days after birth in some instances.

We cannot afford not to fight back, which is why we are opposing this bill and will continue to fight against it and others like it across the country.

Fight with us, and make your voice heard.