The state Senate passed a bill this week that proposes an amendment to the state Constitution that would shield a person’s right to access contraceptives and make decisions about their reproductive health.
“The right to contraception is essential for the well-being of our communities and is crucial for maintaining public health in Hawaii,” said Sen. Karl Rhoads, chair of the Judiciary Committee and the primary introducer of the bill. “This constitutional amendment would reinforce that our state remains a leader in protecting reproductive rights and access to contraception.”
Senate Bill 350 was transmitted to the state House of Representatives for further consideration. If ultimately adopted and signed by the governor, the bill would authorize a ballot measure allowing voters to vote yes or no on the question: “Shall the Constitution of the State of Hawaii be amended to provide that no law shall be enacted, nor any state action taken, that denies or interferes with a person’s right to obtain contraceptives or voluntarily engage in contraception?”
Since the U.S. Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization in 2022, which effectively overturned the federal right to abortion established in Roe v. Wade, several states have moved to enshrine abortion and other reproductive health rights in their laws as a way to preempt future attempts to ban or restrict access to certain forms of reproductive health care.
To date, 14 states (California, Colorado, Florida, Illinois, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, Ohio, Oregon, Rhode Island, Vermont, and Washington) plus Washington, D.C., have statutory or constitutional protections for the right to contraception.
Hawaii Family Forum testified in opposition to the measure, arguing that its use of the term person (rather than adult or woman) was overly broad and ambiguous and that proposed amendment was unnecessary given that current state law already provides unrestricted access to contraception and pregnancy-related medical care.
“This bill does not expand rights — it misleads the public and attempts to enshrine redundant policies into law,” said HFF president Eva Andrade in written testimony submitted to the ways and means and judiciary committees.
Numerous individuals also testified in opposition to the measure, many citing redundancy, lack of age restrictions and the belief that it would allow for “taxpayer-funded abortions.”
The majority of organizational and individual testifiers expressed support for the measure, including the American Association of University Women of Hawaii; American Civil Liberties Union-Hawaii; the Hawaii State Lesbian, Gay, Bisexual, Transgender Queer Plus Commission; the Stonewall Caucus of the Hawaii Democratic Party; Community Alliance on Prisons; Unite Here Local 5 and others.
“It is inappropriate and unjust for the government to interfere with any individual’s ability to access medical care and medically accurate reproductive health information, including contraception,” wrote Chevelle Davis, director of early childhood and health policy for Hawaii Children’s Action Network Speaks. “Restrictions on contraception disproportionately harm those who are already strategically marginalized — particularly Native Hawaiians, Pacific Islanders and low-income communities — who have historically faced systemic barriers to health care. Protecting their right to contraception ensures that every person, regardless of their circumstances, can exercise their right to reproductive autonomy without political interference.”
Michael Tsai covers local and state politics for Spectrum News Hawaii. He can be reached at [email protected].
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