Delaware Senate committee considers bill adding abortion rights to state constitution

From Philly and the Pa. suburbs to South Jersey and Delaware, what would you like WHYY News to cover? Let us know!

This story was supported by a statehouse coverage grant from the Corporation for Public Broadcasting.

A Delaware Senate committee considered legislation Monday that would add the right to reproductive freedom, including abortion, to the state’s constitution.

Senate Bill 5, sponsored by Majority Leader Bryan Townsend, provides a right to certain medical services related to pregnancy, including “prenatal care, childbirth, postpartum care, contraception, sterilization, abortion care, miscarriage management, and infertility care.” It gives the state the authority to regulate abortion after fetal viability, which is generally considered around 24 weeks, but not to prohibit it if a healthcare provider believes it is medically necessary.

“This legislation seeks to put in the constitution the rights and framework that already exists under Delaware code with regard to abortion care,” Townsend said. “To reaffirm our commitment to these freedoms and liberties.”

Delaware codified abortion up until viability in 2017. In 2022, the U.S. Supreme Court removed federal protections to abortion access and left it up to the states to regulate.

Delaware expanded access to abortion last year. State law now requires Medicaid, private health insurance and state employee insurance plans to cover services related to termination of pregnancy. Colleges and universities with student health centers are also required to allow access to medication abortion and emergency contraception.

Sen. Bryant Richardson, R-Seaford, spoke at length during the hearing in opposition to the legislation.

“When it comes to life and liberty, we don’t get the final say,” he said. “Our creator gets the final say.”

Other Republican senators questioned the need for the bill, pointing out the protections in state law.

Public speakers also spoke against the constitutional amendment, often citing religious reasons for opposing it. Many commenters said abortion was the result of women lacking responsibility, and the procedure led to regret and negative life consequences.

“Life is sacred,” one speaker said. “We are made in God’s image.”

To change the state constitution, amendments must pass both chambers in two consecutive General Assemblies. If approved this year, the earliest this amendment could get its second leg of approval would be in January 2027 following the November 2026 election.