DOVER, Del. — State legislative leaders have introduced a constitutional amendment to safeguard reproductive rights in Delaware.
Senate Majority Leader Bryan Townsend and Speaker of the House Melissa Minor-Brown unveiled Senate Bill 5, which would enshrine reproductive freedom in Delaware’s constitution.
“During the first Trump Administration, Delaware was the first state to codify Roe v. Wade because we knew that unyielding attacks on reproductive care would continue to come from the Republican-controlled federal government,” said Townsend, who sponsored the 2017 legislation that protected abortion access in state law. “The Senate Majority Caucus stands in support of a woman’s access to abortion care. Enshrining this right in our State’s Constitution is critical for ensuring equal protection and treatment under the law.”
SB 5 defines reproductive freedom as the right to make decisions regarding pregnancy, childbirth, prenatal and postnatal care, contraception, sterilization, abortion, miscarriage and infertility.
"In recent times, we have seen just how vulnerable our rights can be, with decisions being made that directly threaten our freedom and autonomy," Minor-Brown said. "Reproductive rights are fundamental rights, and here in Delaware, we are committed to protecting them. With this bill, we will ensure that every Delawarean is empowered to make decisions about their own body without outside interference."
Legal Protections for Abortion Access
Beyond legislative efforts, the Delaware Department of Justice has also worked to safeguard abortion access in the state. Attorney General Kathy Jennings reiterated her office’s commitment to reproductive rights.
“It’s time for the right to choose to be a constitutional guarantee in Delaware. Reproductive freedom is under assault nationwide, and we are seeing in real time the stakes for women in states that have rolled back their rights," Jennings said. "Delaware has long been committed to those rights, and it’s time to make that commitment permanent.”
In 2022, the Attorney General’s Office launched an Abortion Legal Helpline, a free resource that provides information about abortion access in Delaware. The initiative was developed in partnership with organizations like Planned Parenthood of Delaware.
Planned Parenthood of Delaware President and CEO April Thomas-Jones voiced strong support for the amendment, calling it "the result of years of hard work, advocacy, and unwavering commitment."
“Delaware has always been a state that exemplifies what it means to serve the public, and today, we are taking another significant step in affirming the rights and freedoms of all our residents,” Thomas-Jones said.
Legislative Path Forward
SB 5 is the first step in amending the state constitution, a process that requires approval by two consecutive General Assemblies with a two-thirds majority vote in each chamber. The amendment does not require the governor’s signature.
The bill has been assigned to the Senate Health & Social Services Committee for consideration.