WA resolution would enshrine abortion, gender-affirming care into state constitution

(The Center Square) – A group of more than two dozen Washington Democrat state senators have sponsored a resolution that would amend the state Constitution to guarantee a right to abortion and gender-affirming treatment.

Sponsored by Sen. Vandana Slatter, D-Bellevue, and cosponsored by 24 other senators, Senate Joint Resolution 8204 would add a new article to the state Constitution that would include the following language: “The state shall not deny or interfere with an individual’s reproductive freedom decisions, which includes the individual’s fundamental right to choose to have an abortion, the individual’s fundamental right to choose to use contraception, the individual’s fundamental right to choose to use assisted reproductive technology, and the individual’s fundamental right to be free from discrimination on the basis of the individual’s pregnancy outcome, nor shall the state deny or interfere with an individual’s gender-affirming care decisions. Nothing in this article narrows or limits the right to liberty, privacy, or equal protection under the laws.”

The resolution must first secure a two-thirds majority vote in both chambers of the Legislature before it even reaches voters. If it clears the Legislature, it will be placed on a statewide ballot, where a majority of voters must approve it.

Commenting on the resolution in a post on X Rep. Jim Walsh, R-Aberdeen, wrote that it’s part of an overall effort to ruin “children’s innocence,” noting that the majority party rejected a proposed amendment to House Bill 1834 that would have required public libraries to install filters to block child pornography.

“’Parents have no rights,” Walsh, who also serves as the chair of the Washington State Republican Party, wrote. “(But they still have to pay for treatments they don’t know about.) A proposed constitutional amendment making child sex-change therapies a ‘right.’ See the pattern?”

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In an interview with The Center Square, Rep. Chris Gildon, R-Puyallup, said, “I don’t know why they would introduce such a bill because it’s obviously a divisive bill. They obviously don’t have the votes to pass it. They would need three Republicans to vote for a constitutional amendment, which I just don’t see that happening, so I’m curious what the point is.”

In a statement to The Center Square, Slatter wrote that “Washington has always led on privacy and personal freedom, and Senate Joint Solution 8204 makes it clear that we are ready to fight for those rights – now and in the future. Even if this does not move forward, we are building the coalition, making the case, and having this important conversation.”

She also wrote that “this bill doesn’t specifically mention anything about reassignment surgeries. It also doesn’t address any existing laws on age restrictions for medical procedures. This resolution is putting what’s already in law into our state constitution.”

Under state law, abortions are legal up until viability, which is considered 24 weeks of pregnancy. After that, an abortion is only allowed to protect the woman’s health. There is no age restrictions for abortions.

Washington state law defines “gender-affirming treatment” to mean “a service or product that a health care provider … provides to an individual to support and affirm the individual’s gender identity.”

According to the Office of the Insurance Commissioner, those services include, but are not limited to the following:

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Hormone therapyCounseling servicesMastectomy and chest reconstructionBreast augmentation Hair removal proceduresGender-affirming facial proceduresTracheal shaves

SJR 8204 has been referred to the Senate Health & Long-Term Care Committee.

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