Amending the State Constitution. The State Constitution provides a method for the adoption of amendments. To amend the Constitution, a joint resolution must be passed by a two-thirds majority of both houses of the Legislature. To be enacted, the proposed amendment must be placed on the next general election ballot and must be approved by a simple majority of the voters.
The Constitution provides requirements for two methods of publicity for proposed constitutional amendments. The first is a requirement that the Secretary of State send a copy of the proposed amendment, with arguments for and against the proposal, to every residence in the state. The second is a requirement that notice of the proposed amendment be published in every legal newspaper in the state at least four times during the four weeks preceding the election.
Current Status of Abortion Rights Under State Law. In 1991, Washington State voters approved Initiative 120, also known as the Reproductive Privacy Act. Initiative 120 declared that every individual possesses a fundamental right of privacy with respect to personal reproductive decisions.
The 1991 law prohibits the state from interfering with a pregnant individual's right to choose to have an abortion prior to viability, or to have an abortion to protect a pregnant individual's life or health. Physicians, physician assistants, advanced registered nurse practitioners, or other health care providers acting within their scope of practice are authorized to terminate a pregnancy in these circumstances, and health care providers may assist in the procedure. For these purposes, a health care provider is a person licensed to practice health or health-related services or otherwise practicing health care services in the state consistent with state law. The following defenses are provided in any proceeding alleging violations of these provisions:
Unless authorized by these provisions, any person who performs an abortion on another person is guilty of an unranked class C felony. The state is prohibited from penalizing, prosecuting, or otherwise taking adverse action against an individual based on the individual's actual, potential, perceived, or alleged pregnancy outcomes or against an individual for aiding or assisting a pregnant individual in exercising the pregnant individual's right to reproductive freedom with the individual's voluntary consent.
A constitutional amendment is placed on the ballot of the next general election asking voters to approve or reject a new article to the Washington State Constitution providing that the state must not deny or interfere with an individual's reproductive freedom decisions and specifying that an individual has a fundamental right to have an abortion and a fundamental right to choose to use contraception.
The amendment is intended to expressly set forth the existing constitutional right to make reproductive freedom decisions for oneself included in a person's liberty, privacy, and equal protection rights as guaranteed in the State Constitution and that nothing in this amendment narrows or limits the rights to liberty, privacy, or equal protection under the law.
The Secretary of State must publish notice of the amendment at least four times during the four weeks preceding the election in every legal newspaper in the state.
PRO: There are statutory protections for these rights but more is needed. This is a historic moment where appropriate action is needed to guarantee this right and the existing laws should be strengthened and confirmed in the Constitution. Reproductive healthcare is healthcare. It’s a decision made between a patient and the provider. Reproductive freedom isn’t just about abortion, it’s about people being able to choose what happens to their bodies. Since pregnancy can impact labor conditions, reproductive rights are also workers' rights. Abortion and contraception are critical tools for women to manage their health. Women are not the only gender that need abortion or contraception services. Focus on the needs of the patient and not on the politics. Please ensure politics does not deny anyone the care that they need as fast as they need. Give the opportunity to the constituents to vote on this issue.
CON: Adding this proposed amendment to the constitution is not necessary. The law is already settled here. The proposed amendment is evil. No one has the fundamental right to take the life away from another human being. This bill would deprive the right of men or women the right to live their lives while they are still in the womb and enshrine what many consider the biggest human rights violation of our time. All life is precious, there should be an embrace for pro-child legislation. All humans should be given the opportunity to live full lives. The unborn is a distinct person from the mother. A woman doesn’t have the right to terminate the life of another. There should be a priority for long-term, holistic health. We need to come together to care for families that are facing difficulties so they can choose life. Pregnancy resource centers are needing funding to help needy expectant mothers.