Democrats propose WA state constitutional amendment to protect abortion rights

An amendment to the Washington state constitution to protect abortion rights has been pre-filed and could soon be voted on by legislators during the upcoming 2023 session.

Under the proposed amendment, a person’s right to choose abortion as well as obtain contraceptives would be protected in Washington state.

Sen. Patty Kuderer, D-Bellevue, and Sen. Karen Keiser, D-Des Moines, filed the proposal on Dec. 21 at the request of Gov. Jay Inslee.

“For 50 years, the right to reproductive freedom has been the settled law of the land,” Keiser said in a press release Tuesday. “After the U.S. Supreme Court’s radical decision to repeal that right, our state has a responsibility to step up and guarantee that every Washingtonian retains the fundamental right to choose when and whether to have children. The Court’s recent actions setting aside state laws is a signal that state statutes need the backing of clear and specific constitutional rights.”

The proposal follows the U.S. Supreme Court’s Dobbs decision earlier this year, which overturned Roe v Wade. Roe had previously guaranteed a constitutional right to abortions in all states.

Voters in Washington will have the final say on the amendment to the state constitution during the general election if the legislature passes the measure with a two-thirds supermajority in both chambers this session.

In 1970, Washingtonians voted on Referendum 20, which granted early-term abortions. Washington was the only state at the time to pass the referendum through a vote of the people and was one of the earliest adopters of laws to permit abortion in the U.S., three years before Roe v. Wade.

Additionally, the Reproductive Privacy Act codified Roe in Washington and was adopted in 1991.

But not all legislators agree that the new proposal is needed.

Sen. Mark Schoesler, R-Ritzville, said he does not plan to support the measure.

The lawmaker told McClatchy that he believes the measure is not only too broad, but that he believes the governor has had the opportunity in the past to support other constitutional measures that would have been more beneficial for all Washingtonians. This proposal, he said, is simply a social wedge issue, instead of something that would affect more people in the state, such as fiscal issues.

Other legislators who have made it clear that they would not support such measures include Sen. Phil Fortunato from Auburn, who said in May that he believes Inslee has made abortions less safe. The lawmaker has introduced anti-abortion bills as recently as 2022, but his proposed legislation has yet to make it to the floor under a Democratic majority.

There are 10 states that currently guarantee the right to abortion including Florida, Kansas and New Mexico.

The 105-day legislative session convenes on Jan. 9.