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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 With the broadest federal protection of abortion access now rescinded, the legality of abortion will by and large be determined on the state level.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 ā€” 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 patientā€™s ā€œlife or health,ā€ or if the fetus has a condition ā€œfor which there is not a reasonable likelihoodā€ that it will survive outside the uterus, according to Subchapter IX of the act

Additionally, under the stateā€™s Parental Notice of Abortion Act, physicians cannot perform a surgical abortion on minors under the age of 16 unless the patientā€™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 ā€œexcept in cases of life endangerment, rape or incest,ā€ 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 patientā€™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 stateā€™s abortion law on Friday.

ā€œIn 1992, Maryland voters approved a constitutional referendum legalizing and protecting access to abortion as a matter of state law ā€“ 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.ā€

The impact of Roe v. Wadeā€™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

Md. Senate passes transgender sanctuary bill

Measure passed by 33-13 vote margin

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(Washington Blade photo by Michael Key)

The Maryland Senate on Tuesday approved a bill that would make Maryland a sanctuary state for transgender people who are seeking gender-affirming health care and providers who offer it.

Senate Bill 119 passed by a 33-13 vote margin.

State Sens. Clarence Lam (D-Anne Arundel and Howard Counties), Shelly Hettleman (D-Baltimore County) and Jeff Waldstreicher (D-Montgomery County) introduced SB 119. An identical bill has been put forth in the Maryland House of Delegates.

A law that requires Maryland’s Medicaid program to cover gender-affirming treatments took effect on Jan. 1.

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Maryland

Protests interrupt Moms for Liberty meeting about removing books in Howard County schools

Guest speaker led book-removal campaign in Carroll County

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Gabriella Monroe holds a poster that says 'Ban Bigotry Not Books' outside Howard Countyā€™s Central Branch library in Columbia on Feb. 26, 2024 (Photo by Sam Mallon for the Baltimore Banner)

BY KRISTEN GRIFFITHĀ | When a Howard County chapter of Moms for Liberty wanted to learn how to remove books from schools, they wereĀ met with a swarm of protesters sporting rainbow colors and signsĀ looking to send the message that such actions are not welcome in their district.

The conservative parentsā€™ group met Monday night at Howardā€™s Central Branch library in Columbia to brainstorm how they could get books they deemed inappropriate out of their childrenā€™s school libraries. Their guest speaker for the evening was Jessica Garland, who led a successful book-removal campaign in Carroll County. The Howard chapter wanted the playbook.

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

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Maryland

Are Md. prisons out of bounds with federal requirements for trans prisoners?

Department of Correctional Services says transgender prisoners ā€˜housed according to physical genitaliaā€™

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BY BEN CONARCK | Nearly a year after formerly incarcerated transgender people testified to Maryland lawmakers about the troubling conditions they faced in state prisons and Baltimore jails, the agency in charge of their care continues to violate federal standards in how it houses trans prisoners, according to a coalition of trans rights advocates.

The Trans Rights Advocacy Coalition, bolstered by policy experts and attorneys, contends that while the Maryland Department of Public Safety and Correctional Services has made some strides towards improving conditions, its policy of housing trans prisoners ā€œaccording to physical genitaliaā€ violates the federal standard that those individuals should be housed on a case-by-case basis determined by health and safety and any security problems, among other factors. The group laid out its argument in a 15-page memo presented to the department and lawmakers this week.

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

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