Maine Democrats pick uphill fight to enshrine abortion rights in Constitution
Abortion took the spotlight once again Monday at the State House, as a proposal to enshrine the right to personal reproductive autonomy in the Maine Constitution got a hearing on the would-be 51st anniversary of Roe v. Wade.
But the Democrat-led resolution will fail unless a few Republicans back it, since proposed constitutional amendments require approval from two-thirds of each chamber to reach the November ballot. Democrats control the House, Senate, and governor’s office but still need several members of the minority party to push it through the House of Representatives.
That is unlikely to happen. Last year, Democrats pushed a divisive abortion-rights expansion through the Legislature against united Republican opposition. The parties have polarized on this issue in the past decade, leaving few anti-abortion Democrats and even fewer Republicans who support abortion rights.
It will ensure that our fundamental rights are maintained, regardless of who is in the Legislature or the Blaine House, Vitelli said Monday morning while joined by dozens of supporters during a Hall of Flags rally ahead of the hearing.
Maine could follow Vermont’s lead in New England in approving a similar amendment and also join several additional states during this presidential election year with ballot measures seeking to codify abortion rights. Vitelli introduced the resolution that has several Democratic cosponsors last February, but it did not receive a hearing last year and was carried over to the shortened legislative session that is scheduled to run until April.
The Democratic-led Legislature and Mills approved several measures in 2023 to expand abortion access in Maine, including the governor’s high-profile bill and a proposal eliminating out-of-pocket costs for abortion care. The governor also supports Vitelli’s effort.
The Christian Civic League of Maine, a group aligned with evangelicals, asked supporters in an email to testify against Vitelli’s proposal, saying registering that opposition is one of the greater weapons we have against supporters of abortion here in Maine.
As of now, the odds seem stacked against Maine Democrats in their fight to enshrine abortion rights in the state’s Constitution. Without the support of a few Republicans, the proposed constitutional amendment, which would declare every person’s right to personal reproductive autonomy, will likely fail. While Democrats control the House, Senate, and governor’s office, they still need bipartisan support to secure the necessary two-thirds majority in each chamber to reach the November ballot.
However, given the increasing polarization and stark party lines on the abortion issue, it seems unlikely that enough Republicans will back the resolution. Last year, Democrats managed to pass an abortion-rights expansion through the Legislature, despite strong Republican opposition. With few anti-abortion Democrats and even fewer Republicans who support abortion rights, the chances of gaining the necessary Republican support remain slim.
Introduced by Senate Majority Leader Eloise Vitelli, the resolution aims to ask voters to decide on a constitutional amendment that recognizes personal reproductive autonomy as a fundamental right. If approved, the amendment would prevent the state from denying or infringing on this right unless there is a compelling state interest. Essentially, it would solidify the state’s already permissive abortion laws.
Proponents argue that enshrining abortion rights in the Constitution would safeguard fundamental rights regardless of political shifts. Supporters gathered at a rally in the Hall of Flags to show their backing for the resolution, highlighting the significance of maintaining reproductive autonomy.
Yet, the opposition remains firm. The Christian Civic League of Maine, a group aligned with evangelicals, is urging its supporters to testify against the proposed amendment. They believe that expressing opposition is crucial in the fight against abortion rights supporters in Maine.
While advocates for abortion rights have seen victories in states across the country, including solid blue states like California and red states like Montana and Kansas, more than a dozen states have simultaneously passed restrictive abortion measures. Maine, following Vermont’s lead in New England, may join the growing list of states seeking to codify abortion rights through ballot measures during this presidential election year.
Democratic lawmakers and Governor Janet Mills have worked together to expand abortion access in Maine, passing multiple measures in 2023. These include the governor’s high-profile bill allowing doctors to perform abortions they deem necessary after viability, as well as a proposal to eliminate out-of-pocket costs for abortion care. Furthermore, legislation has been implemented to protect Maine providers from external restrictive measures and prohibit municipalities from implementing stricter abortion ordinances. However, these laws are not guaranteed and are subject to change based on the outcome of future elections.
The battle over abortion rights in Maine continues, with Democrats facing an uphill fight to enshrine these rights in the state’s Constitution. The resolution’s fate rests on garnering support across party lines, and with Republicans overwhelmingly united against abortion rights, the path to success remains challenging. As the legislative session continues until April, it remains to be seen whether Maine will join the states seeking to constitutionally protect reproductive autonomy.
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