Referendum Question 6
Abortion Law Revision
Results
Choice
 Votes  %
Yes 1,114,377 61.74%
No 690,542 38.26%
Valid votes 1,804,919 100.00%
Invalid or blank votes 0 0.00%
Total votes 1,804,919 100.00%
Source: Maryland State Board of Elections[1]

Question 6 was a voter referendum to allow voters to approve or reject a law passed by the Maryland General Assembly in 1991 to codify the U.S. Supreme Court's decision in Roe v. Wade. The referendum was approved by 61.7% of voters on November 3, 1992.

Ballot measure

A draft of the referendum language had been sent to both pro-choice and pro-life groups by Maryland Attorney General J. Joseph Curran Jr. to prevent controversy over the wording of the question. He asked the groups to comment on the draft by June 19, 1992,[2] and, after receiving feedback, rewrote the question to use "less cryptic" language.[3] The ballot language was revised for a third and final time before being submitted to the Maryland Secretary of State to appear on the general election ballot.[4]

After the language was approved, the Vote kNOw Coalition filed a lawsuit asking for the ballot language to be rewritten.[5] Judge Bruce C. Williams rejected the language and ordered the attorney general to rewrite the ballot wording[6] in a ruling that was later struck down by the Maryland Court of Appeals.[7]

The ballot measure read as follows:[1]

Question 6
Abortion Law Revision

Revises Maryland's abortion law to prohibit State interference with woman's abortion decision before fetus is viable, or, under certain conditions, at any time and to provide certain exceptions to the requirement that a physician notify an unmarried minor's parent or guardian prior to minor's abortion; repeals pre-abortion information requirements about abortion alternatives; repeals some, and clarifies other, provisions related to abortion referral; requires that abortions be performed by licensed physicians; provides good-faith immunity under certain conditions to physicians performing abortions; authorizes State to adopt abortion regulations; repeals certain penalty and disciplinary provisions related to the performance of abortions.

The choices read as follows:[1]

For the Referred Law
Against the Referred Law

History

In 1968, the Maryland General Assembly passed a bill that would require abortions in the state to be performed in a hospital and approved by a hospital review committee.[8] This legislation would later be overturned by the Supreme Court's decision in Roe v. Wade, which prevented the government from placing restrictions on abortions before fetal viability.[9]

Legislative debate on abortion had intensified following the Supreme Court's decision in Webster v. Reproductive Health Services, which imposed restrictions on state funding for abortions, with pro-choice lawmakers introducing a bill to codify the Roe decision amid fears that the Supreme Court would overturn its previous decision, thereby reinstating Maryland's restrictive 1968 law.[10] Senate President Thomas V. Miller Jr., who self-identified as a pro-life, pledged to remain neutral on the debate but said that he personally favored laws that restricted abortion, adding that if the procedure was necessary, "you've got Washington, D.C., 35 miles down the road".[9] House Speaker R. Clayton Mitchell Jr. also declined to bring any abortion bills up for a vote, saying that he would wait until the Senate takes action on the issue before he'd bring it up.[10]

By 1990, abortion advocates had secured a majority in the Maryland Senate and introduced legislation that would codify the Roe decision, but it was unclear if the legislation had the votes to defeat a filibuster.[9] Pro-choice lawmakers were initially unable to reach the 32 votes required to break the Republican-led filibuster, with the Senate voting 28-18 to continue debate on the bill.[11] Legislators continued to filibuster the bill for eight days before coming to an agreement to couple the abortion rights legislation with another bill that would prevent the bill from going into effect until voters approved of it in a statewide referendum.[12] However, both bills were killed by state delegate William A. Clark in the House Environmental Matters Committee, who argued in voting against the two bills that action on the House floor would be "chaotic" and force legislators "to go on record on the vote".[13] In that year's state Senate elections, pro-abortion group Choice PAC primaried four incumbent Democratic state senators who filibustered the abortion rights bill, giving advocates the votes they needed to pass the bill during next year's legislative session.[14]

At the start of the 1991 legislative session, Miller promised that the abortion bill would be "the first major issue the Senate takes up" that year.[15] The new bill included a parental notification clause that Miller believed the public would be more accepting of it was to head to a referendum.[16] Anti-abortion state senators conceded that they did not have the votes to hold a filibuster on the bill, but said they would propose amendments to the bill that would outlaw abortions for sex-select reasons, ban abortion services advertising, and requiring parental consent for abortions performed on underage girls.[17] All amendments to the bill were rejected after five and a half hours of debate,[18] and the bill eventually passed and was signed into law by Governor William Donald Schaefer.[19] Afterwards, anti-abortion activists, led by former Lieutenant Governor Samuel Bogley and his Right to kNOw Coalition,[20][21] said they planned to collect enough signatures to petition the law in the 1992 general election.[22] In late June, the coalition submitted 143,622 voter signatures—more than four times the 33,373 valid signatured required—to petition the law, which were certified by the Maryland State Board of Elections in July.[23][24]

Campaign

Pro-choice groups led raised $1.6 million during the campaign to support Question 6, with most contributions being transferred to the Maryland for Choice committee, while abortion opponents raised $1.46 million, almost all of which was through the Vote kNOw Coalition.[25] The pro-life campaign involved criticizing the 1991 abortion bill as "extremist", while abortion advocates called it a "moderate compromise". Anti-Question 6 ballots were also distributed in Roman Catholic churches and other congregations, and television commercials opposing Question 6, including one featuring neurosurgeon Ben Carson,[26][27] were ran on WMAR-TV and WBAL-TV.[28] Carson later condemned the advertisement and asked for it to be taken down, saying that he had not known that he was making a political advertisement.[29]

Turnout in the 1992 general elections were boosted by Question 6 and tax issues,[28] which the Maryland Republican Party believed would hurt President George H. W. Bush, who was pro-life.[30]

Endorsements

Yes
U.S. Senators
U.S. Representatives
Statewide officials
State delegates
Local officials
Party officials
Individuals
Organizations
Newspapers
No
U.S. Executive Branch officials
Statewide elected officials
State senators
State delegates
Individuals
Organizations
  • Maryland Catholic Conference[52]

Opinion polls

Poll source Date(s)
administered		 Sample
size[lower-alpha 1]		 Margin
of error		 For Against Undecided
George Washington University October 20–24, 1992 403 (RV) ± 4.0% 70% 20% 10%[lower-alpha 2]
Mason-Dixon Research October 1992 809 (RV) ± 3.5% 52% 36% 12%
Mason-Dixon Research August 28–30, 1992 802 (RV) ± 3.5% 54% 29% 17%
Mason-Dixon Research June 3–5, 1992 815 (LV) ± 3.5% 60% 32% 8%
KPC Research February 10–15, 1992 1,210 (RV) ± 2.8% 57% 31% 12%
  1. ↑ Key:
    A – all adults
    RV – registered voters
    LV – likely voters
    V – unclear
  2. ↑ "Had not heard of the referendum" with 2%

Results

1992 Maryland Question 6
Choice Votes  %
Referendum passed Yes 1,114,377 61.74
No 690,542 38.26
Total votes 1,804,919 100.00

Source: Maryland State Board of Elections[1]

County breakdown

By county For Against Total votes
Votes  % Votes  %
Allegany 9,478 38.60% 15,079 61.40% 24,557 100.00%
Anne Arundel 108,394 60.40% 71,077 39.60% 179,471 100.00%
Baltimore 180,818 61.38% 113,755 38.62% 294,573 100.00%
Baltimore City 132,697 66.37% 67,237 38.62% 199,934 100.00%
Calvert 10,944 56.62% 8,385 43.38% 19,329 100.00%
Caroline 3,482 49.52% 3,550 50.48% 7,032 100.00%
Carroll 26,362 51.00% 25,328 49.00% 51,690 100.00%
Cecil 11,015 48.73% 11,590 51.27% 22,605 100.00%
Charles 14,994 50.32% 14,804 49.68% 29,798 100.00%
Dorchester 4,789 54.26% 4,037 45.74% 8,826 100.00%
Frederick 32,721 54.26% 29,042 47.02% 61,763 100.00%
Garrett 2,683 30.13% 6,223 69.87% 8,906 100.00%
Harford 41,125 53.07% 36,360 46.93% 77,485 100.00%
Howard 63,141 64.80% 34,305 35.20% 97,446 100.00%
Kent 4,026 65.01% 2,167 34.99% 6,193 100.00%
Montgomery 246,361 70.12% 104,982 29.88% 351,343 100.00%
Prince George's 153,741 66.25% 78,328 33.75% 232,069 100.00%
Queen Anne's 7,542 60.38% 4,948 39.62% 12,490 100.00%
St. Mary's 9,852 46.87% 11,166 53.13% 21,018 100.00%
Somerset 2,350 41.89% 3,260 58.11% 5,610 100.00%
Talbot 7,643 63.77% 4,342 36.23% 11,985 100.00%
Washington 19,187 47.19% 21,473 52.81% 40,660 100.00%
Wicomico 12,975 52.24% 11,861 47.76% 24,836 100.00%
Worcester 8,057 52.66% 7,243 47.34% 15,300 100.00%
Total 1,114,377 61.74% 690,542 38.26% 1,804,919 100.00%

See also

References

  1. 1 2 3 4 "1992 Presidential Election Official Results for Statewide Questions". elections.maryland.gov. Maryland State Board of Elections. February 16, 2001. Retrieved November 17, 2023.
  2. ↑ Banisky, Sandy (June 6, 1992). "Both sides asked about wording of abortion question". The Baltimore Sun. Retrieved November 18, 2023 – via Newspapers.com.
  3. ↑ Banisky, Sandy (June 27, 1992). "Second version has more words, is 'less cryptic'". The Baltimore Sun. Retrieved November 18, 2023 – via Newspapers.com.
  4. ↑ Banisky, Sandy (July 7, 1992). "Anti-abortion camp doesn't like wording of ballot question". The Baltimore Sun. Retrieved November 18, 2023 – via Newspapers.com.
  5. ↑ Banisky, Sandy (July 30, 1992). "Abortion foes file lawsuit over ballot language". The Baltimore Sun. Retrieved November 18, 2023 – via Newspapers.com.
  6. ↑ Stuckey, Tom (August 13, 1992). "Abortion language rejected". The Daily Times. Retrieved November 18, 2023 – via Newspapers.com.
  7. ↑ Banisky, Sandy (August 20, 1992). "Foes of abortion lose court battle on ballot wording". The Baltimore Sun. Retrieved November 18, 2023 – via Newspapers.com.
  8. ↑ "Assembly OK's Viet Measure Amid Uproar, Ends Session". The Evening Sun. March 27, 1968. Retrieved November 17, 2023 – via Newspapers.com.
  9. 1 2 3 Shen, Fern (February 25, 1990). "Miller takes center stage on abortion". The Washington Post. Retrieved November 17, 2023.
  10. 1 2 "Abortion advocates move to pre-empt high court". The Baltimore Sun. January 8, 1990. Retrieved November 17, 2023 – via Newspapers.com.
  11. ↑ "Filibuster blocks bill". The Star Democrat. March 16, 1990. Retrieved November 17, 2023 – via Newspapers.com.
  12. ↑ Banisky, Sandy; Frece, John W. (March 23, 1990). "Senate OKs 2 abortion bills; filibuster ends". The Baltimore Sun. Retrieved November 17, 2023 – via Newspapers.com.
  13. ↑ Birch, Doug; Bowie, Liz (March 24, 1990). "House panel, by 1 vote, kills both abortion bills". The Baltimore Sun. Retrieved November 17, 2023 – via Newspapers.com.
  14. ↑ Fletcher, Michael A. (September 12, 1990). "Md. Senate's anti-abortion bloc apparently broken". The Baltimore Sun. Retrieved November 17, 2023.
  15. ↑ Banisky, Sandy (January 6, 1991). "Assembly faces year of retrenchment, heavy issues". The Baltimore Sun. Retrieved November 17, 2023 – via Newspapers.com.
  16. ↑ Thompson, William (January 14, 1991). "Assembly leaders seek to head off abortion filibuster". The Evening Sun. Retrieved November 17, 2023 – via Newspapers.com.
  17. ↑ Roll, John (February 8, 1991). "Abortion debate begins anew in Senate today". Carroll County Times. Retrieved November 17, 2023 – via Newspapers.com.
  18. ↑ Banisky, Sandy; Frece, John W. (February 9, 1991). "Abortion bill clears hurdles in Md. Senate". The Baltimore Sun. Retrieved November 17, 2023 – via Newspapers.com.
  19. ↑ "Abortion bill signed". The Star Democrat. February 19, 1991. Retrieved November 17, 2023 – via Newspapers.com.
  20. 1 2 "Group plans to launch abortion petition drive". Carroll County Times. March 28, 1991. Retrieved November 17, 2023 – via Newspapers.com.
  21. ↑ Miller, Amy L. (June 5, 1991). "Signatures sought for referendum". The Baltimore Sun. Retrieved November 17, 2023.
  22. ↑ Thompson, William (February 19, 1991). "Abortion foes taking steps to fight back". The Evening Sun. Retrieved November 17, 2023 – via Newspapers.com.
  23. ↑ "Abortion law faces ballot test". The Evening Sun. July 23, 1991. Retrieved November 17, 2023 – via Newspapers.com.
  24. ↑ "Opponents, supports of abortion law plan for referendum campaign". Carroll County Times. June 28, 1991. Retrieved November 17, 2023 – via Newspapers.com.
  25. ↑ Stuckey, Tom (October 27, 1992). "$3 million raised for abortion law campaign". The Daily Times. Retrieved November 18, 2023 – via Newspapers.com.
  26. ↑ Banisky, Sandy (September 22, 1992). "Abortion issue heads to airwaves". The Baltimore Sun. Retrieved November 18, 2023 – via Newspapers.com.
  27. ↑ "Abortion". The Baltimore Sun. September 30, 1992. Retrieved November 18, 2023 – via Newspapers.com. Dr. Ben Carson, Hopkins pediatric neurosurgeon: "As a physician who does not believe in abortion, when faced with a patient who has severe medical problems, I would refer someone for an abortion."
  28. 1 2 Smith, C. Fraser (November 3, 1992). "Abortion question, tax issues expected to turn out the vote". The Baltimore Sun. Retrieved November 18, 2023 – via Newspapers.com.
  29. ↑ Banisky, Sandy (October 2, 1992). "Hopkins doctor disavows ad against abortion law". The Baltimore Sun. Retrieved November 19, 2023 – via Newspapers.com.
  30. ↑ Smith, C. Fraser (August 18, 1992). "Abortion strains unity of state GOP". The Baltimore Sun. Retrieved November 18, 2023 – via Newspapers.com.
  31. ↑ Banisky, Sandy (June 30, 1992). "In Maryland, referendum looms large". The Baltimore Sun. Retrieved November 18, 2023 – via Newspapers.com.
  32. 1 2 3 4 "Abortion". The Baltimore Sun. October 27, 1992. Retrieved November 18, 2023 – via Newspapers.com.
  33. ↑ "Abortion foe disparages back-alley death 'myth'". The Baltimore Sun. October 15, 1992. Retrieved November 17, 2023 – via Newspapers.com.
  34. ↑ Sarris, Marina (October 28, 1992). "Hillary Clinton pushes her husband's economic plan at rally in Annapolis". The Baltimore Sun. Retrieved November 18, 2023 – via Newspapers.com.
  35. ↑ Banisky, Sandy (October 30, 1992). "State health secretary urges OK of abortion law". The Baltimore Sun. Retrieved November 18, 2023.
  36. ↑ Banisky, Sandy (July 1, 1992). "Abortion-rights rally in city kicks off next campaign". The Baltimore Sun. Retrieved November 18, 2023.
  37. ↑ "Anti-abortion activists pressing for referendum". The Baltimore Sun. June 5, 1991. Retrieved November 17, 2023 – via Newspapers.com.
  38. ↑ Freeman, Freda (September 30, 1992). "Question 6 roils waters on abortion issue". The Aegis. Retrieved November 18, 2023 – via Newspapers.com.
  39. ↑ Banisky, Sandy (October 23, 1991). "Both sides in Md. cheered by Pa. abortion decision". The Baltimore Sun. Retrieved November 17, 2023 – via Newspapers.com.
  40. ↑ Banisky, Sandy (January 27, 1992). "Schmoke to campaign for abortion rights bill". The Evening Sun. Retrieved November 17, 2023 – via Newspapers.com.
  41. ↑ "Gloria Steinem backs new abortion law". The Baltimore Sun. October 2, 1992. Retrieved November 18, 2023 – via Newspapers.com.
  42. ↑ Blomquist, Brian (July 24, 1991). "Signatures collected put abortion law on ballot". The Star Democrat. Retrieved November 17, 2023 – via Newspapers.com.
  43. ↑ "League of Women Voters raps abortion question ruling". The Daily Times. August 19, 1992. Retrieved November 18, 2023 – via Newspapers.com.
  44. 1 2 "A new abortion law". The Daily Times. February 20, 1991. Retrieved November 17, 2023 – via Newspapers.com.
  45. ↑ "Abortion foes plan drive to overturn new law in ballot". The Baltimore Sun. March 9, 1991. Retrieved November 17, 2023 – via Newspapers.com.
  46. ↑ "The Sun's Endorsements". The Baltimore Sun. October 25, 1992. Retrieved November 18, 2023 – via Newspapers.com.
  47. ↑ "Times Endorsements". The Daily Times. October 25, 1992. Retrieved November 18, 2023 – via Newspapers.com.
  48. ↑ "A vote for Question 6 is a vote for choice". The Star Democrat. October 27, 1992. Retrieved November 18, 2023 – via Newspapers.com.
  49. ↑ "Abortion petition drive begins". The Daily Times. April 7, 1991. Retrieved November 17, 2023 – via Newspapers.com.
  50. ↑ Hare, Mary Gail (February 27, 1991). "Center helps pregnant women". The Baltimore Sun. Retrieved November 17, 2023 – via Newspapers.com.
  51. ↑ "Abortion foes call themselves feminists". The Star Democrat. September 11, 1992. Retrieved November 18, 2023 – via Newspapers.com.
  52. ↑ "Abortion Issue Takes New Course in New Year". The Baltimore Sun. February 24, 1991. Retrieved November 17, 2023 – via Newspapers.com.
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