SB 297: PROPOSING A CONSTITUTIONAL AMENDMENT TO THE CONSTITUTION OF THE STATE OF HAWAII TO PROTECT THE RIGHT TO REPRODUCTIVE FREEDOM.

A BILL FOR AN ACT

Proposing a constitutional amendment to the constitution of the state of hawaii to protect the right to reproductive freedom.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Article I of the Constitution of the State of Hawaii is amended by adding a new section to be appropriately designated and to read as follows:

"REPRODUCTIVE FREEDOM

     Section   .  The State shall not deny or interfere with an individual's reproductive freedom in their most intimate decisions, including:

     (1)  The right to choose to obtain an abortion of a nonviable fetus;

     (2)  An abortion that is necessary to protect the life or health of the parent; and

     (3)  The right to choose to obtain or use contraceptives."

     SECTION 2.  The question to be printed on the ballot shall be as follows:

          "Shall the Constitution of the State of Hawaii be amended to prohibit the state from denying or interfering with an individual's reproductive freedom, including the right to:

           (1) Choose to obtain an abortion of a nonviable fetus; and

           (2) Choose to obtain or use contraceptives?"

     SECTION 3.  New constitutional material is underscored.

     SECTION 4.  This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.

Report Title:

Constitutional Amendment; Reproductive Freedom; Abortion; Contraceptives; Pregnancy Outcomes

Description:

Amends the Hawaii State Constitution to prohibit the State from denying or interfering with an individual's reproductive freedom, including the right to choose to obtain an abortion and to obtain or use contraceptives.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO. 495

Honolulu, Hawaii

RE:    S.B. No. 297

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Health and Human Services, to which was referred S.B. No. 297 entitled:

"A BILL FOR AN ACT PROPOSING A CONSTITUTIONAL AMENDMENT TO THE CONSTITUTION OF THE STATE OF HAWAII TO PROTECT THE RIGHT TO REPRODUCTIVE FREEDOM,"

begs leave to report as follows:

     The purpose and intent of this measure is to amend the Hawaii State Constitution to prohibit the State from denying or interfering with an individual's reproductive freedom, including the right to choose to obtain an abortion and to obtain or use contraceptives.

     Your Committee received testimony in support of this measure from AAUW of Hawaii, Indivisible Hawaiʻi, Education Caucus of the Democratic Party of Hawaiʻi, American College of Obstetricians and Gynecologists, Save Medicaid Hawaii, UNITE HERE Local 5, Pacific Birth Collective, Hawaiʻi Health and Harm Reduction Center, and eighty-two individuals.

     Your Committee received testimony in opposition to this measure from Hawaii Family Forum, Americans United for Life, Hawaiʻi Christian Coalition, and fifty-two individuals.

     Your Committee received comments on this measure from one individual.

     Your Committee finds that reproductive care is an essential form of health care.  Your Committee further finds that consistent with all medical matters, health care decisions regarding abortion should be made by patients in consultation with their health care providers and without undue interference by outside parties.  This measure enshrines the fundamental right to reproductive freedom in the Hawaii State Constitution, safeguarding reproductive freedom against potential future legislative threats.

     As affirmed by the record of votes of the members of your Committee on Health and Human Services that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 297 and recommends that it pass Second Reading and be referred to your Committees on Judiciary and Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Health and Human Services,