PROPOSING A CONSTITUTIONAL AMENDMENT TO THE CONSTITUTION OF THE STATE OF HAWAII TO PROTECT THE RIGHT TO REPRODUCTIVE FREEDOM.
Summary
SB297 proposes a constitutional amendment to add a new “Reproductive Freedom” section to Article I of the Hawaii Constitution. The amendment would prohibit the state from denying or interfering with an individual’s reproductive freedom in intimate personal decisions, specifically including the right to obtain an abortion of a nonviable fetus, an abortion necessary to protect the life or health of the parent, and the right to obtain or use contraceptives.
The bill also sets out the ballot question that would be presented to voters if the amendment advances through the constitutional amendment process. Because it is a constitutional amendment rather than a statutory change, SB297 would not directly amend a code section; instead, it would place a new constitutional protection above ordinary state law and policy, subject to ratification under Article XVII, section 3 of the Hawaii Constitution.
Impact
If adopted by the Legislature and approved by voters, SB297 would add a new constitutional limitation on state action, restricting Hawaii from enacting or enforcing laws that deny or interfere with the protected reproductive choices described in the amendment. It would likely affect any existing or future statutes, regulations, or administrative practices touching abortion access and contraceptive access, and would provide a stronger legal basis for challenging state restrictions inconsistent with the new constitutional language.
Sentiment
The available legislative history suggests generally favorable sentiment toward the bill in committee. The Senate Health and Human Services Committee passed the measure unamended by a 4-0 vote, and the bill advanced with a report adopted and second reading completed before referral to JDC/WAM. No committee transcript was provided, so the record reflects support in the vote history but does not show detailed debate or public testimony in the materials provided.
Contention
The main substantive issue is the scope of the constitutional protection for reproductive freedom, especially the inclusion of abortion rights and contraceptive access in the state constitution. Supporters appear to favor establishing explicit constitutional protections, while potential opponents would likely focus on the breadth of the amendment, its effect on future regulation, and the use of a constitutional amendment rather than ordinary legislation. The bill text itself also distinguishes between a nonviable fetus and abortions necessary to protect the life or health of the parent, which may be a point of legal and policy discussion.