Maryland
Abortion rights in post-Roe Maryland, Delaware
Practice generally legal, with some restrictions
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 With the broadest federal protection of abortion access now rescinded, the legality of abortion will by and large be determined on the state level.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.
Maryland
Md. Commission on LGBTQIA+ Affairs released updated student recommendations
LGBTQ students report higher rates of bullying, suicide
The Maryland Commission on LGBTQIA+ Affairs has released updated recommendations on how the state’s schools can support LGBTQ students.
The updated 16-page document outlines eight “actionable recommendations” for Maryland schools, supplemented with data and links to additional resources. The recommendations are:
- Developing and passing a uniform statewide and comprehensive policy aimed at protecting “transgender, nonbinary, and gender expansive students” against discrimination. The recommendation lists minimum requirements for the policy to address: name, pronoun usage, and restroom access.
- Requiring all educators to receive training about the specific needs of LGBTQ students, by trained facilitators. The training’s “core competencies” include instruction on terminology, data, and support for students.
- Implementing LGBTQ-inclusive curricula and preventing book bans. The report highlights a “comprehensive sexual education curriculum” as specifically important in the overall education curriculum. It also states the curriculum will “provide all students with life-saving information about how to protect themselves and others in sexual and romantic situations.”
- Establishing Gender Sexuality Alliances “at all schools and in all grade levels.” This recommendation includes measures on how to adequately establish effective GSAs, such as campaign advertising, and official state resources that outline how to establish and maintain a GSA.
- Providing resources to students’ family members and supporters. This recommendation proposes partnering with local education agencies to provide “culturally responsive, LGBTQIA+ affirming family engagement initiatives.”
- Collecting statewide data on LGBTQ youth. The data on Maryland’s LGBTQ youth population is sparse and non-exhaustive, and this recommendation seeks to collect information to inform policy and programming across the state for LGBTQ youth.
- Hiring a full-time team at the Maryland Department of Education that focuses on LGBTQ student achievement. These employees would have specific duties that include “advising on local and state, and federal policy” as well as developing the LGBTQ curriculum, and organizing the data and family resources.
- Promoting and ensuring awareness of the 2024 guidelines to support LGBTQ students.
The commission has 21 members, with elections every year, and open volunteer positions. It was created in 2021 and amended in 2023 to add more members.
The Governor’s Office of Communication says the commission’s goal is “to serve LGBTQIA+ Marylanders by galvanizing community voices, researching and addressing challenges, and advocating for policies to advance equity and inclusion.”
The commission is tasked with coming up with yearly recommendations. This year’s aim “to ensure that every child can learn in a safe, inclusive, and supportive environment.”
The Human Rights Campaign’s most recent report on LGBTQ youth revealed that 46.1 percent of LGBTQ youth felt unsafe in some school settings. Those numbers are higher for transgender students, with 54.9 percent of them saying they feel unsafe in school.
Maryland’s High School Youth Risk Behavior Survey reveals a disparity in mental health issues and concerns among students who identify as LGBTQ, compared to those who are heterosexual. LGBTQ students report higher rates of bullying, feelings of hopelessness, and suicidal thoughts. Nearly 36 percent of LGBTQ students report they have a suicide plan, and 26.7 percent of respondents say they have attempted to die by suicide.
The commission’s recommendations seek to combat the mental health crisis among the state’s LGBTQ students. They are also a call for local and state governments to work towards implementing them.
Maryland
4th Circuit dismisses lawsuit against Montgomery County schools’ pronoun policy
Substitute teacher Kimberly Polk challenged regulation in 2024
A federal appeals court has ruled Montgomery County Public Schools did not violate a substitute teacher’s constitutional rights when it required her to use students’ preferred pronouns in the classroom.
The 4th U.S. Circuit Court of Appeals in a 2-1 decision it released on Jan. 28 ruled against Kimberly Polk.
The policy states that “all students have the right to be referred to by their identified name and/or pronoun.”
“School staff members should address students by the name and pronoun corresponding to the gender identity that is consistently asserted at school,” it reads. “Students are not required to change their permanent student records as described in the next section (e.g., obtain a court-ordered name and/or new birth certificate) as a prerequisite to being addressed by the name and pronoun that corresponds to their identified name. To the extent possible, and consistent with these guidelines, school personnel will make efforts to maintain the confidentiality of the student’s transgender status.”
The Washington Post reported Polk, who became a substitute teacher in Montgomery County in 2021, in November 2022 requested a “religious accommodation, claiming that the policy went against her ‘sincerely held religious beliefs,’ which are ‘based on her understanding of her Christian religion and the Holy Bible.’”
U.S. District Judge Deborah Boardman in January 2025 dismissed Polk’s lawsuit that she filed in federal court in Beltsville. Polk appealed the decision to the 4th Circuit.
By PAMELA WOOD | Dan Cox, a Republican who was resoundingly defeated by Democratic Gov. Wes Moore four years ago, has filed to run for governor again this year.
Cox’s candidacy was posted on the Maryland elections board website Friday; he did not immediately respond to an interview request.
Cox listed Rob Krop as his running mate for lieutenant governor.
The rest of this article can be found on the Baltimore Banner’s website.
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