FOR IMMEDIATE RELEASE | January 29, 2025
Contact: Sarah Fulton (302) 401-1114
DOVER — With reproductive rights coming under attack at the federal level, Senate Majority Leader Bryan Townsend and Speaker of the House Melissa Minor-Brown introduced legislation that would enshrine abortion rights 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 Senator Townsend, prime sponsor of the legislation codifying Roe that passed in 2017. “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.”
Senate Bill 5 defines reproductive freedom, which entails the right to make decisions about all matters relating to 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,” said House Speaker Melissa Minor-Brown. “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. We will continue to fight to defend these freedoms, because no one’s reproductive rights should ever be denied, burdened, or infringed upon.”
Beyond recent legislative progress to expand abortion access, the Delaware Department of Justice has taken steps to keep abortion legal and protected in the First State.
“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. Delaware has long been committed to those rights, and it’s time to make that commitment permanent,” said Attorney General Kathy Jennings. “I’m grateful to Majority Leader Townsend, Speaker Minor-Brown, and the legislators and advocates championing this cause, and look forward to helping them get the job done.”
In 2022, the Attorney General launched an Abortion Legal Helpline, a free resource that provides “know your rights” information around abortion access in Delaware. This effort was launched in partnership with community organizations like Planned Parenthood of Delaware.
“We are incredibly excited and proud to see the introduction of the constitutional amendment that will enshrine reproductive freedom in Delaware. This moment is the result of years of hard work, advocacy, and unwavering commitment from so many in our community—especially those who have fought tirelessly to ensure that reproductive rights remain protected. 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,” said April Thomas-Jones, President and CEO of Planned Parenthood of Delaware. “We are deeply grateful to the legislators who will show steadfast support for this cause. Their advocacy, along with the dedication of many others, helps us ensure that Delaware remains a place where reproductive freedom is not just a right, but a fundamental part of the values we uphold as a state. This will be a major victory for all Delawareans, and we look forward to continuing our work to protect and advance reproductive rights for everyone.”
SB 5 is the first leg of a constitutional amendment that would ensure reproductive freedom to all Delawareans. This legislation must be passed with a two thirds vote by consecutive General Assemblies, but does not require the Governor’s signature.
SB 5 has been assigned to the Senate Health & Social Services Committee.
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