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HB 728

PROPOSING A CONSTITUTIONAL AMENDMENT TO THE CONSTITUTION OF THE STATE OF HAWAII TO PROTECT THE RIGHT TO REPRODUCTIVE FREEDOM.

2026 Regular Session Introduced by Terez Amato and 23 co-sponsors

Hawaii proposes constitutional amendment guaranteeing reproductive freedom rights, requiring legislative passage and voter approval to become enforceable state constitutional law.

Carried over to 2026 Regular Session.
#abortion #constitutionalamendment #contraceptives #pregnancyoutcomes(conam) #reproductivefreedom
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Bill Summary · HB 728

Legislative bill overview

HB 728 proposes a constitutional amendment to Hawaii's state constitution that would explicitly protect reproductive freedom rights. The bill would need to pass both the Hawaii House and Senate in identical form, then be approved by voters in a statewide referendum to become law. This amendment would add constitutional-level protections for reproductive decisions beyond what current state law provides.

Why is this important

Constitutional amendments create the highest level of legal protection by making rights difficult to overturn through ordinary legislation. In the context of reproductive rights, where federal protections have become uncertain following recent Supreme Court decisions, state-level constitutional protections serve as a more durable legal safeguard. This could affect access to reproductive healthcare services and related medical decision-making in Hawaii regardless of future federal policy changes.

Potential points of contention

  • Definition scope: The bill's language around "reproductive freedom" would likely generate debate about what specific practices it covers (contraception, abortion, fertility treatments, etc.) and at what pregnancy stages protections apply
  • Religious/moral objections: Opponents may argue the amendment conflicts with religious beliefs or moral convictions about when life begins and reproductive decision-making
  • Implementation questions: Disagreement over how courts would interpret and apply the amendment in specific cases, including potential conflicts with parental rights, minor consent, and state health regulations

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

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