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SB 5

AN ACT PROPOSING AN AMENDMENT TO ARTICLE I OF THE DELAWARE CONSTITUTION RELATING TO THE RIGHT TO REPRODUCTIVE FREEDOM.

153rd General Assembly (2025-2026) Introduced by Bill Bush and 18 co-sponsors

Delaware proposes constitutional amendment protecting reproductive freedom rights including contraception and abortion decisions, requiring two-session legislative passage plus voter referendum approval.

Reported Out of Committee (Administration) in House with 3 On Its Merits
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WeVote Research Nonpartisan
Bill Summary · SB 5

Legislative bill overview

SB 5 proposes a constitutional amendment to Article I of the Delaware Constitution that would establish a fundamental right to reproductive freedom. The amendment would protect individuals' ability to make decisions about reproduction, including contraception, pregnancy, and abortion, without government interference. This requires passage by the legislature in two consecutive sessions and voter approval via referendum.

Why is this important

This amendment would constitutionally enshrine reproductive rights in Delaware law, effectively insulating them from legislative reversal and providing stronger protection than statutory law. It reflects national debate following the 2022 U.S. Supreme Court Dobbs decision, which eliminated the federal constitutional right to abortion and returned regulation to individual states. Delaware's action would position it among states actively protecting reproductive autonomy at the constitutional level.

Potential points of contention

  • Scope definition: The precise language defining "reproductive freedom" and what medical decisions it covers (contraception, abortion at all stages, fertility treatments, etc.) and whether exceptions exist
  • Conscience and religious objections: Whether healthcare providers or institutions with religious objections can decline participation, and how to balance provider rights against access guarantees
  • State interest limits: Whether the amendment allows any state regulation of reproductive decisions (parental notification, waiting periods, gestational limits) or prohibits all restrictions
  • Implementation details: How this interacts with existing Delaware laws, funding mechanisms, and whether it mandates public funding for reproductive services

Compiled from official sources — confirm details with the bill’s official record.

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