Pro-abortion protestors in June 2022, outside of the Supreme Court after the fall of Roe. Now, Maryland legislatively prepares for the spike in need.

Tyrone Turner / WAMU/DCist

Maryland residents will decide via a ballot referendum in the 2024 election whether abortion rights should be enshrined in the state’s constitution, Maryland lawmakers determined Thursday.

If approved (which is likely, given support for abortion rights among Maryland voters), residents would have a “fundamental right to reproductive freedom,” and the state would prohibited from “denying, burdening, or abridging the right,” according to a bill to put the matter on the ballot. The state’s General Assembly decided Thursday to send the question to voters on the ballot next election, and the decision now awaits final approval from Gov. Wes Moore, a Democrat, who has previously pledged his support for it.

Lawmakers also passed a bill that would bolster the state as a safe destination for abortion care in the wake of Roe v. Wade‘s fall and new subsequent abortion restrictions in some states across the U.S. One piece of approved legislation would protect patients and abortion providers in the state from out-of-state legal, criminal, or administrative action — meaning if someone travels to Maryland for an abortion due to restrictive abortion laws in their home state, they will not face legal retribution.

Maryland has long been a destination for people seeking abortions, and after Roe was overturned, providers prepared for an influx of patients from states where abortions rights were stripped away. Nationally, 24 states have banned or are likely to ban abortion, limiting options for residents in their home or even neighboring states, according to the Guttmacher Institute. Fifteen states restrict access to medication abortion, with 13 banning the abortion pill completely, and Wyoming potentially joining that list in July.

It’s been more than two decades since voters last made a decision on abortion rights in the state; in 1992, voters also decided on a ballot referendum that early term abortion care would remain in the state, even if the Supreme Court overturned Roe v. Wade. The legislation approved Thursday, likely to be approved by Moore, follows one of his moves early in office, to release previously withheld dollars meant to build out the state’s network of abortion providers.

While the former Republican governor Larry Hogan largely shied away from abortion issues during his tenure (expressing his personal opposition, but recognizing the state right to abortion care) he did withhold extra funding that was approved in the previous General Assembly session to ramp up the state’s network of providers.

In 2022, state lawmakers — fearing the overturn of Roe — overrode Hogan’s veto and passed sweeping changes to Maryland abortions laws, including a provision that set aside $3.5 million for a program to train abortion providers across the state. The money for training went hand-in-hand with another reform, which expanded who could provide abortions, from only physicians to nurses, midwives, and physicians assistants.

Hogan refused to release that funding early, despite requests from Democrats and the fact that he had the budgetary discretion to do so; when Moore took office, he released it during his first week in office.

Meanwhile, locally, lawmakers have also made a push in the aftermath of the Roe decision to expand abortion care. Montgomery County in September created a $1 million grant program — in part to fill the funding gap caused by Hogan’s decision to withhold the federal funding — for abortion providers and other organizations that either refer patients for abortion services, or provide wrap-around services to people seeking abortions.

While the Guttmacher Institute ranks Maryland currently as a state with “protective” abortion legislation, some restrictions remain. There is no waiting period, but a parent of a minor must be notified before an abortion is provided. (This may be waived at the request of a provider.) Abortions may also only be performed until the fetus is “viable,” or it could survive outside of the womb. A fetus is typically considered viable at around 23 weeks, although there is no universal consensus.