Senate approves constitutional amendment to enshrine reproductive freedom; two post‑viability amendments defeated

Dover, Delaware — The Delaware Senate on March 11, 2025 passed Senate substitute 1 for Senate Bill 5, a proposed amendment to Article I of the Delaware Constitution to enshrine the “right to make personal health care decisions including access to abortion and contraception,” the bill’s sponsor said during debate. The measure passed by roll call vote 15–6.

The amendment would add constitutional protection for reproductive decision‑making, including contraception, prenatal and postpartum care, miscarriage management and abortion. The debate focused on whether the language should allow extra procedural safeguards when a fetus is considered viable (capable of surviving outside the womb). Senator Townsend, sponsor of the substitute, said the language places those decisions with patients and their medical providers while preserving existing statutory standards.

Supporters argued the amendment makes an established right more durable and would align constitutional protection with current Delaware practice. “Senate substitute number 1 for Senate Bill 5 . . . enshrines in our constitution the right to make personal health care…