Constitutional amendment to enshrine abortion moves through Senate

A constitutional amendment to make abortion a fundamental right passed the Senate 15-6 March 11, sending the bill to the House, where a supermajority vote needed for passage is uncertain.

“We believe these rights are so fundamental that they should be in the constitution,” said Sen. Bryan Townsend, D-Newark, sponsor of the bill.

Senate Republicans put forth two amendments aimed at late-term abortions when an unborn child could survive outside the womb. Questions included why a C-section procedure, common in deliveries, couldn’t be used to separate a child from a mother, and clarification on how involved a healthcare professional is with a woman’s condition.

“This is a tough issue,” said Sen. Eric Buckson, R-Dover South. “Why are we still up and fighting? It is because it’s fair to say that post-viability, which means a child, that regardless of what you want to do to protect the mother, the child can survive. I think that requires us to define what that means. Would a 37-week healthy child, viable, still have the option to be aborted under these laws?”

Townsend said he knows of no such medical provider, and is not going to legislate on the basis of those who are violating various oaths or standards of practice under areas that the law doesn’t bless.

“I think we’re talking about contexts that are not covered by the law, and I’ve tried to be clear multiple times in explaining the terms of this provision,” Townsend said. “I believe the answer is no.”

As a constitutional amendment, the bill needed 14 votes to pass in the Senate, and will need 28 votes in the House. Democrats hold 27 seats in the House. The bill would also have to pass two consecutive General Assemblies by two-thirds vote to be enshrined in the Delaware Constitution.