PROPOSING A CONSTITUTIONAL AMENDMENT TO THE CONSTITUTION OF THE STATE OF HAWAII TO PROTECT THE RIGHT TO REPRODUCTIVE FREEDOM.
Summary
HB728 proposes a constitutional amendment to the Hawaii State Constitution to protect a right to “reproductive freedom.” The amendment would add a new section to Article I stating that the State may not deny or interfere with an individual’s most intimate reproductive decisions. The protected decisions specifically include choosing to obtain an abortion of a nonviable fetus, obtaining an abortion when necessary to protect the life or health of the parent, and choosing to obtain or use contraceptives.
The bill also sets out the ballot question that would be presented to voters if the amendment is advanced through the constitutional amendment process. If approved by the Legislature and ratified by the voters, the change would become part of the state constitution and would constrain future state action in this area.
Impact
If enacted and ratified, HB728 would add explicit constitutional protections in Hawaii for abortion and contraception, elevating those rights above ordinary statute and limiting the State’s ability to restrict them. It would affect state constitutional law, future legislation, and administrative actions by requiring that state policies not deny or interfere with the specified reproductive choices. The measure would primarily affect pregnant individuals, patients seeking contraception, healthcare providers, and state agencies that regulate reproductive health services.
Sentiment
The available record shows no committee transcript, vote tally, or recorded floor debate, so there is no direct evidence of detailed public discussion in the materials provided. Based on the bill text and report title, the measure is framed in strongly supportive terms as a rights-protection amendment, suggesting a pro-reproductive-freedom posture from its sponsors. The bill was referred to HLT, JHA, and FIN, indicating it was still in the committee process at the time of the last action.
Contention
The main point of contention is likely to be the scope of constitutional protection for abortion and contraception, especially the explicit inclusion of abortion of a nonviable fetus and abortions necessary to protect the life or health of the parent. Opponents of such measures typically raise concerns about abortion policy, constitutionalizing medical and moral questions, and the effect on future regulation, while supporters emphasize bodily autonomy, privacy, and access to reproductive healthcare. Because no committee testimony or votes are included, the specific positions of legislators or stakeholders are not documented in the provided materials.