Massachusetts Question 1, No State Constitutional Right to Abortion and Legislative Power to Regulate Abortion Amendment (1986)
| Massachusetts Question 1 | |
|---|---|
 | |
| Election date November 4, 1986 | |
| Topic Abortion | |
Status Defeated | |
| Type Constitutional amendment | Origin State legislature |
Massachusetts Question 1, the No State Constitutional Right to Abortion and Legislative Power to Regulate Abortion Amendment, was on the ballot in Massachusetts as a legislatively referred constitutional amendment on November 4, 1986. The ballot measure was defeated.
A "yes" vote supported this constitutional amendment to provide that nothing in the Massachusetts Constitution prevents the General Court from regulating or banning abortion nor requires public or private funding of abortion. |
A "no" vote opposed this constitutional amendment to provide that nothing in the Massachusetts Constitution prevents the General Court from regulating or banning abortion nor requires public or private funding of abortion. |
Overview
What would Question 1 have changed about abortion policies in Massachusetts?
Question 1 would have added language to the Massachusetts Constitution saying that nothing within the state constitution could prevent the Massachusetts General Court from regulating or prohibiting abortion. Question 1 would have also said that nothing within the state constitution could be understood to require public or private funding of abortion. An exception would have been made for "abortions required to prevent the death of the mother."[1]
How did Question 1 relate to Roe v. Wade?
The following is a selection of quotes about how Question 1 would have impacted abortion in Massachusetts should the U.S. Supreme Court have issued a ruling to revise or overturn Roe v. Wade:
- Linda Carman, a journalist for The Berkshire Eagle, wrote, “If the U.S. Supreme Court reverses its position, and so removes its protection of abortion rights, the amendment could give the state Legislature power to prohibit all abortions except those required to prevent the death of the woman.”[2]
- State Rep. Paul White (D-13th Suffolk), who sponsored Question 1 in the General Court, said, "That’s suggesting a complete flip by the U.S. Supreme Court. Even the most ardent proponent of the pro-life position is not suggesting we’re about to see that."[3]
- Anne Skinner, coordinator for the Campaign for Choice, said, “As far as we can tell from the philosophy of the justices appointed by President Reagan, their contention is that the word ‘privacy’ does not appear in the U.S. Constitution. It’s likely that they will say abortion is a matter for states to decide. So the issue would come up in many states, but in Massachusetts, it would really already be decided.”[4]
- Claire Smith, coordinator for the Coalition for Responsible Government, said, “No action could be taken unless the Legislature voted on it. All the amendment would do is neutralize the Massachusetts Constitution.”[4]
Election results
|
Massachusetts Question 1 |
||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
| Yes | 689,908 | 41.83% | ||
|
|
959,311 | 58.17% | ||
Text of measure
Ballot title
The ballot title was as follows:[5]
| “ |
Do you approve of the adoption of an amendment to the Constitution summarized below, which was approved by the General Court in joint sessions of the House of Representatives and the Senate on June 27, 1984 by a vote of 120-67, and on April 30, 1986 by a vote of 123-69? The proposed constitutional amendment would allow the legislature to prohibit or regulate abortions to the extent permitted by the United States Constitution, It would also provide that the state constitution does not require public or private funding of abortions, or the provision of services or facilities for performing abortions, beyond what is required by the United States Constitution, The provisions of this amendment would not apply to abortions required to prevent the death of the mother.[6] |
” |
Constitutional changes
- See also: Massachusetts Constitution
The ballot measure would have added a new amendment to the Massachusetts Constitution. The following underlined text would have been added:[1]
No provision of the Constitution shall prevent the general court from regulating or prohibiting abortion unless prohibited by the United State Constitution, nor shall any provision of the Constitution require public or private funding of abortion, or the provision of services or facilities therefor, beyond that required by the United States Constitution.
The provisions of this article shall not apply to abortions required to prevent the death of the mother.[6]
Path to the ballot
- See also: Amending the Massachusetts Constitution
The Massachusetts General Court voted to place the constitutional amendment, Question 1, on the ballot. In Massachusetts, a constitutional amendment must receive a simple majority (50%+1) vote during two successive joint legislative sessions.
On June 27, 1984, state legislators voted 120-67 to send the proposal to the ballot. On April 30, 1986, state legislators voted 123-69 to refer the constitutional amendment. With approval during two successive legislative sessions, Question 1 appeared on the ballot.[5]
See also
External links
Footnotes
- ↑ 1.0 1.1 Massachusetts State Legislature, "House No. 5338," accessed May 31, 2022
- ↑ The Berkshire Eagle, "Question 1: Abortion," October 24, 1986
- ↑ The Boston Globe, "Abortion issue goes on the ballot," May 1, 1986
- ↑ 4.0 4.1 North Adams Transcript, "Opposing sides fail to agree even on the effect of Question 1," October 30, 1986
- ↑ 5.0 5.1 Massachusetts Secretary of the Commonwealth, "1986 - Statewide - Question 1," accessed May 31, 2022
- ↑ 6.0 6.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid
<ref>tag; name "quotedisclaimer" defined multiple times with different content
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