The state of Delaware has failed to adopt a constitutional “right” to abortion, as a required legislative vote on the plan never happened.

A report from Lifesitenews said the Legislature’s SB5 proposed an amendment to the state constitution demanding that “every individual has a fundamental right to reproductive freedom, which entails the right to make and effectuate decisions about all matters relating to pregnancy, including prenatal care, childbirth, postpartum care, contraception, sterilization, abortion care, miscarriage management and infertility care.”

That “shall not be denied, burdened, nor infringed,” the plan said.

Analysts said the plan was written to appear “moderate,” but actually probably would provide for abortionists to justify virtually any procedure.

But the report noted, “Legislatively amending the constitution in Delaware requires clearing supermajority votes in two successive general election cycles. The bill passed the Senate in March 2025, on a 15-6 supermajority vote. However, Live Action notes that the state’s 2025–2026 legislative session ended on June 30 without the bill receiving the necessary vote in the state House, requiring proponents to start over in the next session.”

Abortion already is effectively legal in the state up to birth.

The same issue likely will be pending before voters in multiple states this fall.