Maine Democrats will seek constitutional protection for abortion rights

Protesters line the hallway leading to the House Chamber on June 21 at the State House in Augusta. Robert F. Bukaty/Associated Press

Months after pushing through an expansion of abortion access that drew huge protests at the State House, legislative Democrats are now setting their sights on enshrining a right to an abortion in the Maine Constitution.

Senate Democrats announced Wednesday that the Judiciary Committee will hold a public hearing later this month on a proposed constitutional amendment sponsored by Senate Majority Leader Eloise Vitelli, D-Arrowsic.

The bill, L.D. 780, would need to garner two-thirds support in each chamber to advance to a statewide ballot – a high threshold given last year’s bruising battle to expand abortion rights.

Vitelli said in a written statement that citizens have a fundamental right to control their own reproductive health, saying it’s necessary for “controlling one’s financial destiny and to being a full participant in society.”

“This includes the right to access abortion care,” Vitelli said. “With the overturning of Roe v. Wade, we were shown that we can’t take for granted that this right is protected. To that end, it’s clear we need direct, explicit language in our state constitution stating that a person’s individual rights include their right to bodily and reproductive autonomy.”

The U.S. Supreme Court ruling in June 2022 striking down the right to an abortion at the federal level led some states to ban or restrict access and others, including Maine, to protect or expand abortion rights. Voters in California, Michigan, Vermont and Ohio have enshrined abortion rights in their state constitutions since the ruling.

A coalition of advocates, including physicians and abortion providers, issued statements Wednesday supporting a constitutional amendment in Maine because it would provide stronger protection against future efforts to restrict access.

“Maine has strong laws protecting comprehensive sexual and reproductive health care, but laws are subject to the whims of politicians,” said Lisa Margulies, vice president of public affairs for the Planned Parenthood Maine Action Fund.

“A constitutional amendment to protect reproductive autonomy would more strongly protect the ability of my patients to make personal, sometimes complex, medical decisions about their own health based on their own unique circumstances in a safe and bias-free environment,” said Dr. Kathryn Sharpless of Yarmouth.

The proposal is certain to face strong opposition in the wake of last year’s sometimes emotional debates.

“Democrats continue to make an issue out of abortion because they have nothing else to run on,” said House Minority Leader Billy Bob Faulkingham, R-Winter Harbor. “This is just a lame, out of touch attempt at having something to run on in 2024.”

“This bill is not needed,” said Assistant House Minority Leader Amy Arata, R-New Gloucester. “It is an attempt to obscure the fact that Augusta Democrats passed a cruel law to allow abortions of healthy babies through 9 months.”

Last session, Democrats narrowly passed a new law expanding abortion access by allowing the medical procedure after fetal viability, usually around 22 to 24 weeks, if deemed necessary by a physician.

Last year’s proposal, offered by Gov. Janet Mills, drew more than 2,000 people to the State House for a 19-hour public hearing, heavy lobbying from both sides, emotional floor debates and procedural maneuvering by political leaders ahead of deeply personal votes that saw several Democrats defect. The bill narrowly cleared the House in a 74-72 vote, with five Democrats opposed.

Mills offered the bill after saying during her reelection campaign that she would not seek to change Maine’s law, which included an exception for abortions after 24 weeks when the health of the mother is at risk.

Abortions that occur later in pregnancy, at 20 weeks or later, are extremely rare. In 2022, only six of 2,225 abortions performed in Maine were done at 20 weeks or later. About 60% of abortions were medication abortions done early in pregnancy.

The Judiciary Committee will hold the public hearing on the constitutional amendment proposal Monday, Jan. 22, at 10 a.m. Members of the public may submit their testimony online, testify via Zoom or in-person at the State House.