Bill Text: NH CACR8 | 2023 | Regular Session | Introduced


Bill Title: Relating to a constitutional right to birth control. Providing that the constitution protects the right to access birth control.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2023-03-22 - Inexpedient to Legislate: Motion Adopted Voice Vote 03/22/2023 House Journal 10 P. 16 [CACR8 Detail]

Download: New_Hampshire-2023-CACR8-Introduced.html

CACR 8  - AS INTRODUCED

 

 

2023 SESSION

23-0619

02/08

 

CONSTITUTIONAL AMENDMENT

CONCURRENT RESOLUTION 8

 

RELATING TO: a constitutional right to birth control.

 

PROVIDING THAT: the constitution protects the right to access birth control.

 

SPONSORS: Rep. Hynes, Hills. 2; Rep. Read, Rock. 10

 

COMMITTEE: Health, Human Services and Elderly Affairs

 

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ANALYSIS

 

This constitutional amendment concurrent resolution would amend the constitution to make the right to contraception a fundamental right.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type

 

23-0619

02/08

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Three

 

CONCURRENT RESOLUTION PROPOSING CONSITUTIONAL AMENDMENT

 

RELATING TO: a constitutional right to birth control.

 

PROVIDING THAT: the constitution protects the right to access birth control.

 

Be it Resolved by the House of Representatives, the Senate concurring, that the

Constitution of New Hampshire be amended as follows:

 

I.  Definitions.  In this concurrent resolution proposing constitutional amendment:

(a)  Contraception.  The term "contraception"  means an action taken to prevent pregnancy, including the use of contraceptives or fertility-awareness based methods, and sterilization procedures.

(b)  Contraceptive.  The term “contraceptive” means any drug, device, or biological product intended for use in the prevention of pregnancy, whether specifically intended to prevent pregnancy or for other health needs, that is legally marketed under the Federal Food, Drug, and Cosmetic Act, such as oral contraceptives, long-acting reversible contraceptives, internal and external condoms, injectables, vaginal barrier methods, transdermal patches, and vaginal rings, or other contraceptives.

II.  Findings of Fact.

(a)  The right to contraception is a fundamental right, central to a person’s privacy, health, wellbeing, dignity, liberty, equality.

(b)  The Supreme Court has repeatedly recognized the constitutional right to contraception.

(c)  In Griswold v. Connecticut (381 U.S. 479 (1965)), the Supreme Court first recognized the constitutional right for married people to use contraceptives.

(d)  In Eisenstadt v. Baird (405 U.S. 438 (1972)), the Supreme Court confirmed the constitutional right of all people to legally access contraceptives regardless of marital status.

(e)  In Carey v. Population Services International (431 U.S. 678 (1977)), the Supreme Court affirmed the constitutional right to contraceptives for minors.

(f)  The right to contraception has been repeatedly recognized internationally as a human right.  The United Nations Population Fund has published several reports outlining family planning as a basic human right that advances women’s health, economic empowerment, and equality.

(g)  Access to contraceptives is internationally recognized by the World Health Organization as advancing other human rights such as the right to life, liberty, expression, health, work, and education.

(h)  Contraception is safe, essential health care, and access to contraceptive products and services is central to people’s ability to participate equally in economic and social life in the United States and globally.  Contraception allows people to make decisions about their families and their lives.

(i)  Contraception is key to sexual and reproductive health.  Contraception is critical to preventing unintended pregnancy and many contraceptives are highly effective in preventing and treating a wide array of often severe medical conditions and decrease the risk of certain cancers.

III.  That the first part of the constitution be amended by inserting after article 2-b the following new article:

[Art.] 2-c.  [Right to Contraception.]  The right to contraception shall be a fundamental right.

IV.  That the above amendment proposed to the constitution be submitted to the qualified voters of the state at the state general election to be held in November, 2024.

V.  That the selectmen of all towns, cities, wards and places in the state are directed to insert in their warrants for the said 2024 election an article to the following effect:  To decide whether the amendments of the constitution proposed by the 2023 session of the general court shall be approved.

VI.  That the wording of the question put to the qualified voters shall be:

“Are you in favor of amending the first part of the constitution by inserting after article 2-b the following new article:

[Art.] 2-c.  [Right to Contraception.]  The right to contraception shall be a fundamental right.”

VII.  That the secretary of state shall print the question to be submitted on a separate ballot with other constitutional questions or on the official ballot.  The ballot containing the question shall include 2 ovals next to the question allowing the voter to vote “Yes” or “No.”  If no oval is marked, the ballot shall not be counted on the question.  The outside of the ballot shall be the same as the regular official ballot except that the words “Questions Relating to Constitutional Amendments proposed by the 2023 General Court” shall be printed in bold type at the top of the ballot.

VIII.  That if the proposed amendment is approved by 2/3 of those voting on the amendment, it becomes effective when the governor proclaims its adoption.

IX.  Voters' Guide.

AT THE PRESENT TIME, there is no right to access contraception in the New Hampshire constitution.

IF THE AMENDMENT IS ADOPTED, there will be a fundamental right to access contraception in the New Hampshire constitution.

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