Abortion Amendment Fails to Gain Support in Maine House of Representatives

A proposed amendment enshrining abortion in Maine’s state constitution failed Wednesday to gain enough support for final passage in the House of Representatives.

In Maine, resolutions proposing amendments to the state constitution must be backed by at least two-thirds of the members present in each chamber in order to be placed on the ballot for final approval by voters at the next election.

During Wednesday’s vote in the House, no Republican lawmakers voted in support of advancing the amendment, leading to a roll call vote of 75-65. Consequently, support came up far short of the super majority necessary to advance the proposal further.

Nearly all Democrat members of the House voted in favor of the pro-abortion amendment, with the exception of Rep. Bruce A. White (D-Waterville) who joined the Republicans in opposition to resolution LD 780.

This amendment will face a final vote in the Senate at some point in the coming days. If it also fails to receive the requisite support from lawmakers in that chamber, the amendment will be considered defeated and placed in the Legislative files.

The lack of widespread support from House members on Wednesday did not come as a surprise, given that the chamber’s first vote produced a nearly-identical roll call which indicated that the measure would likely struggle to muster the broad, bipartisan support necessary for putting a constitutional amendment on the ballot.

Similarly, LD 780 was also only able to garner support from a simple partisan majority in the Senate, signaling it may also struggle to earn final passage in that chamber as well.

[RELATED: Abortion Amendment Fails to Get 2/3 Backing in Maine Senate, Continues to Advance Along Partisan Lines]

The full text of the amendment currently under conideration reads:

Every person has a right to reproductive autonomy. Neither the State nor any political subdivision of the State may not deny or infringe a person’s right to reproductive autonomy unless the denial or infringement is justified by a compelling state interest and is accomplished using the least restrictive means necessary. Nothing in this section narrows or limits a person’s right to privacy or equal protection.

For purposes of this section, the State’s or political subdivision’s interest in denying or infringing a person’s right to reproductive autonomy is “compelling” only if it is for the limited purpose of protecting the health of the individual seeking care, is consistent with accepted clinical standards of practice and evidence-based medicine and does not infringe on that person’s autonomous decision-making.

[RELATED: Mainers Gather for Public Hearing on Amendment Enshrining Abortion in State Constitution]

Leading up to the House’s initial floor vote on Tuesday, several lawmakers offered remarks concerning the proposed amendment.

While Democrat representatives framed it as a way to provide Maine women “stability and clarity” with respect to “reproductive rights,” Republicans argued that it “only protects personal reproductive autonomy for one of the individuals in the case of an abortion” — ignoring the rights of the unborn child — as there is “no dispute over when life begins.”

Both @sophiabwarren and @RepReaganPaul gave passionate arguments for and against enshrining abortion into Maine's constitution.

Who do you agree with? pic.twitter.com/slOez5Gznx

— The Maine Wire (@TheMaineWire) April 10, 2024

It was also argued by Democrats Tuesday that establishing a constitutional right to abortion would help prevent lawmakers from interfering in women’s personal medical decisions.

In response, Republicans contended that this amendment would instead serve to “enshrine [in the state’s constitution] the right to take another’s life.”

"This is not reproductive health care. This is murder."

Very passionate words from Rep. David Haggan against enshrining abortion into Maine's constitution. pic.twitter.com/lY8r88eJRL

— The Maine Wire (@TheMaineWire) April 9, 2024

This past year, lawmakers passed one of the least restrictive abortion laws in the nation, dramatically expanding access to late-term abortion in Maine by allowing women to abort their baby “after viability” if it is deemed “necessary in the professional judgment of a physician.”

This language replaced a provision prohibiting abortion after the point of viability except in cases where the life or health of the mother was in jeopardy.

Currently, only six other states – including Alaska, Colorado, New Jersey, New Mexico, Oregon, and Vermont – and Washington, D.C. have similar laws on books allowing doctors, without restriction, to authorize abortions at any point during a pregnancy.

Gov. Janet Mills’ (D) support of both these loosened restrictions and the pending abortion amendment run contrary to multiple statements she made on the campaign trail — including during a gubernatorial debate — that she had no intention of changing Maine’s abortion-related regulations if elected.

[RELATED: Expanded Access to Late-Term Abortion Goes Into Effect In Maine, One of the Least Restrictive Laws In The Nation]

It is not clear at this time when the Senate will take its final vote on LD 780, although given the fast-approaching end of the Legislative session, it will likely occur sooner rather than later.

Click Here for More Information on LD 780