Pennsylvania takes step toward enshrining abortion and reproductive freedom in state constitution

The proposed amendment would protect a person’s right to choose or refuse an abortion, contraception, or fertility care.

Pennsylvania’s constitution provides certain protections for its residents that other states may not—like the right to a clean environment, economic freedom, and equal treatment regardless of sex —yet it does not guarantee reproductive freedom. . 

But efforts  to change that recently cleared their first hurdle.

The state House Judiciary Committee advanced a bill that would amend the state constitution and enshrine the right to privacy, ensuring that the state cannot deny or interfere with reproductive freedom. The amendment explicitly protects a person’s right to choose or refuse an abortion, contraception, or fertility care–free from discrimination.

“While the Pennsylvania constitution already provides protections against sex discrimination–and our state Supreme Court has affirmed that restricting access to abortion is a form of sex discrimination–it’s time to make it unmistakably clear: reproductive freedom, including access to contraception, fertility care and abortion, is a protected right in this commonwealth,” said Rep. Liz Hanbridge (D-Montgomery), one of the sponsors of the bill. 

“This amendment ensures that those rights are no longer left vulnerable to political interpretation or attack. It is about trusting individuals to decide what is best for their bodies, their families and their futures.”

For a constitutional amendment to become law, it must pass both the House and Senate in two consecutive legislative sessions. Then it is placed on the ballot for voter approval.

Only 11 states have enshrined abortion rights in their constitution, including neighboring states Maryland, New York, and Ohio.

A previous attempt to amend the Pennsylvania constitution to protect reproductive rights was introduced by state Democrats in 2023. But HB 1888 never made it out of the Judiciary Committee.  

Other reproductive rights legislation

In addition to the constitutional amendment, the Judiciary Committee advanced six other bills aimed at protecting reproductive rights in Pennsylvania.

• HB 670 ensures safe access to reproductive health care facilities;
• HB 1640 protects health care providers in the state who provide reproductive services to out-of-state residents from insurance discrimination. HB 1641 prevents insurers from taking adverse actions against those providers.
• HB 1643 prevents state courts from enforcing other states’ judgements related to reproductive health care.
• HB 1966 prohibits cooperation with out-of-state civil or criminal actions related to reproductive health care.
• HB 2005 removes the mandatory 24-hour waiting period requirement for those seeking an abortion.

“These bills work together to ensure Pennsylvania remains a place where reproductive decisions stay between patients and their doctors,” said Rep. Tim Briggs (D-Montgomery), chair of the committee.

Each bill now heads to the House floor for a vote. Unlike a constitutional amendment, these bills only have to pass the House and Senate once to reach Gov. Josh Shapiro’s desk and  be signed into law.