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Abortion rights in post-Roe Maryland, Delaware

Practice generally legal, with some restrictions

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Maryland Gov. Larry Hogan (Public domain photo)

The U.S. Supreme Court on Friday overturned Roe v. Wade, which in 1973 found that the decision to receive an abortion was generally protected by the Constitution of the United States. With the broadest federal protection of abortion access now rescinded, the legality of abortion will by and large be determined on the state level.

In Delaware, abortion is legal through the Medical Practice Act — but with some restrictions.

After fetal viability, or the point where a fetus can survive outside the uterus, abortion in the First State becomes illegal unless necessary for the patient’s “life or health,” or if the fetus has a condition “for which there is not a reasonable likelihood” that it will survive outside the uterus, according to Subchapter IX of the act

Additionally, under the state’s Parental Notice of Abortion Act, physicians cannot perform a surgical abortion on minors under the age of 16 unless the patient’s parent or guardian has received at least 24 hours notice from a medical professional. Notice is not required for nonsurgical abortions.

On the federal level, the funding of abortion is illegal through the 1977 Hyde Amendement “except in cases of life endangerment, rape or incest,” according to the Guttmacher Institute, a sexual and reproductive rights advocacy organization. States are only federally required to fund abortions that meet these conditions through federal-state Medicaid programs. 

While some states also fund abortions deemed medically necessary regardless of whether they endanger a patient’s life, Delaware state law does not extend beyond federal guidelines: The state only funds abortions in cases of life endangerment, rape or incest.

Abortion legislation in Delaware mirrors neighboring Maryland, whose laws include similar restrictions on abortion after fetal viability and abortion for minors under the age of 16. But abortion laws in these states are generally more restrictive than other mid-Atlantic counterparts, such as New Jersey and New York.

Maryland Gov. Larry Hogan (R) weighed in on the state’s abortion law on Friday.

“In 1992, Maryland voters approved a constitutional referendum legalizing and protecting access to abortion as a matter of state law – that measure remains in effect today following the Supreme Court decision in Dobbs v. Jackson. I swore an oath to uphold the Constitution and the laws of Maryland, and that is what I have always done and will continue to do as governor.”

The impact of Roe v. Wade’s fall in Delaware remains uncertain. While the abortion rate in Delaware steadily declined between 2014 and 2017, recent findings show that instances of abortion are increasing once again in the state, reflecting a rise on the national level.

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Maryland

A Baltimore theater educator lost jobs at Johns Hopkins and the Kennedy Center

Tavish Forsyth concluded they could not work for Trump

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Tavish Forsyth, a queer artist and educator, posted a nude video on YouTube in protest of the Trump administration’s takeover of the Kennedy Center earlier this year. (Photo by Jessica Gallagher for the Baltimore Banner)

BY WESLEY CASE | Tavish Forsyth had come to a conclusion: They could not work for President Donald Trump.

So the 32-year-old Baltimore resident stripped down, turned on their camera, and lit their career on fire.

“F—— Donald Trump and f—— the Kennedy Center,” a naked Forsyth, an associate artistic lead at the Washington National Opera’s Opera Institute, which is run by the Kennedy Center, said in a video that went viral. The board of the nation’s leading cultural institution had elected Trump just weeks prior as its chairman after he gutted the board of members appointed by his predecessor, President Joe Biden.

The rest of this article can be read on the Baltimore Banner’s website.

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Maryland

Md. schools plan to comply with federal DEI demands

Superintendents opt for cooperation over confrontation

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(Bigstock photo)

By LIZ BOWIE | Deciding not to pick a fight with the Trump administration, Maryland school leaders plan to sign a letter to the U.S. Department of Education that says their school districts are complying with all civil rights laws.

The two-paragraph letter could deflect a confrontation over whether the state’s public schools run diversity, equity, and inclusion programs that the Trump administration has called illegal. The Baltimore Banner reviewed the letter, which was shared by a school administrator who declined to be identified because the letter has not yet been sent.

Maryland school leaders are taking a more conciliatory approach than those in some other states. Education leaders in Minnesota, New YorkColoradoOregon, Vermont, and Wisconsin said they will not comply with the federal education department’s order, the demands of which, they say, are based on a warped interpretation of civil rights law.

The rest of this article can be found on the Baltimore Banner’s website.

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Maryland

FreeState Justice: Transgender activist ‘hijacked’ Moore’s Transgender Day of Visibility event

Maryland Commission on LGBTQIA+ Affairs describes Lee Blinder’s comments as ‘call to action’

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Lee Blinder, founding executive director of Trans Maryland, speaks to Maryland Gov. Wes Moore during a ceremony for the International Day for Transgender Visibility. Blinder called out the governor for not backing up his words with action. (Photo by Jessica Gallagher for the Baltimore Banner)

FreeState Justice on April 11 released a statement criticizing the way that Trans Maryland Executive Director Lee Blinder treated Gov. Wes Moore during a Transgender Day of Visibility event.

FreeState Justice was extremely disappointed with the criticisms of Moore on the Transgender Day of Visibility, saying it was “hijacked by public hostility” by Blinder. The Baltimore Banner reported how Blinder “laid out how the Democratic governor has let down transgender Marylanders by not putting money in the budget and not backing needed policy changes.”

The Washington Blade interviewed Blinder after the March 31 event.

“The intention of what I shared is to show to the governor that this is a community in distress. You know, we are in a real state of emergency for the trans community and there are very few opportunities that the community has to share this directly with the governor.” Blinder told the Blade. “We’re really grateful to the governor for everything that he’s done in the past for this community, but the circumstances have changed and we really need to see very specific actions taken in order to ensure this community has the ability to exist in public space.”

FreeState Justice said Moore did not deserve such criticisms during the event and added in a Blade oped it is “time for new leadership on the Maryland LGBTQIA+ Commission. Leadership that values and prioritizes coalition over conflict. Leadership that invites feedback and shares power. Leadership that understands how Annapolis operates, how budgets are constructed, and how community victories are won.”

“We’re not saying don’t challenge power. We’re saying do it with purpose. Do it with facts. Do it with a strategy. If you’re going to call yourself a leader in this movement, show us the policy platform. Show us the data. Show us the budget line. Show us the work,” wrote FreeState Justice.

The Maryland Commission on LGBTQIA+ Affairs has met to address FreeState Justice’s statements. 

“During the Transgender Day of Visibility ceremony at the State House, the commission’s chair offered remarks reflecting the real fears, concerns, and hopes of the trans community. These remarks were not a call-out, but a call to action,” the commission said in their call to action statement it sent to the Blade. “The chair’s words echoed the thousands of voices we’ve heard across the state through phone calls, emails, and messages on social media to our staff, commissioners, and their affiliated organizations.”

The statement outlines what the call to action entails, addressing what the commission found to be the most pressing issues for transgender Marylanders. They include a lack of dedicated funding, barriers to affirming healthcare, housing insecurity and homelessness, discrimination in education and employment, and escalating violence, harassment, and hate.

“We remain deeply committed to working in partnership with the Moore-Miller administration, the General Assembly, state agencies, nonprofit organizations, and community partners to ensure LGBTQIA+ Marylanders are seen, protected, and supported in policy, budget, and in practice,” reads the statement.

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