County voters may soon join everyone statewide to decide on abortion stipulations in Pennsylvania — as early as Spring 2023.

A proposed amendment to the state constitution controlling abortion passed the state Senate and House of Representatives in their sessions July 8. The language reads, “This constitution does not grant the right to taxpayer-funded abortion or any right relating to abortion.”

According to Rep. Marci Mustello, R-11th, the amendment is one of several included in Senate Bill 106 and would bring the topic of abortion to the people.

“I think it brings the issue back to the voters of PA. It doesn’t change the law. What it would do is require that taxpayer dollars not be used for abortions,” she said.

There is no mention of Pennsylvania citizens possessing a right to abortion in the state constitution as it stands, but according to the Pennsylvania Office of the Attorney General, abortions are legal through the 23rd week of pregnancy, and after that if the mother’s life is in danger.

State Rep. Aaron Bernstine, R-10th, and state Sen. Elder Vogel, R-47th, both said the amendment would put abortion discussions in the right places in government.

“People get caught in the emotions of it, but (the amendment) says the issues should be handled by the legislative and executive branch,” Bernstine said. “I support it; I’m pro-life, but even if I wasn’t, I’d support it because issues like this should be handled by the legislative body, not judicial bodies.”

“I think this is a good way to handle a topic that is as controversial as this is,” Vogel said. “Instead of the General Assembly and governor agreeing or disagreeing on a bill, let the people decide at the ballot box.”

In the 1973 Roe v. Wade U.S. Supreme Court decision, individual state laws banning abortion were declared unconstitutional. With the repeal of Roe v. Wade in June, deliberations on abortion were passed back to state governing bodies.

The ruling was expected to lead to abortion bans in roughly half the states, although the timing of those laws taking effect varies. Pennsylvania is one of 11 states with abortion laws in “to be determined” status after Roe v. Wade was overturned.

As the Pennsylvania constitution grants no right to abortion, representatives crafted an amendment addressing the topic in Senate Bill 106.

The proposed amendment would read, “this constitution does not grant the right to taxpayer-funded abortion or any right relating to abortion” and be added to Article 1 of the constitution should Pennsylvanian’s vote in favor of it.

Mustello said the proposed amendment would have to pass the House of Representatives and Senate in two separate sessions each to be added to the ballot.

David Kershaw, associate professor of political science at Slippery Rock University, said Senate Bill 106 passed its first House and Senate sessions in July and will need to be reintroduced in the September sessions.

The process of getting amendments passed is not uncommon, according to Kershaw.

“The most recent example of this would be the restrictions put on the governor’s power during an emergency,” he said, referring to restrictions put on Wolf during the height of the coronavirus pandemic after he issued several executive orders under the Pennsylvania Emergency Management Services Code.

“Prior to the amendment, an emergency could be declared and a governor would do whatever he wanted,” he said.

Pennsylvania voters had two questions on their ballot in May 2021, after state legislature proposed two amendments to the constitution limiting the length of an emergency disaster and the governor’s role in such situations.

Kershaw said each state varies in its amendment processes, and that trying to pass an amendment is an uncertain business.

“Generally there’s enough people who want to impose restrictions on abortion, but they can’t pass a law, so they’re going this route. It’s risky, they’re not guaranteed success,” he said. “If it even passes in the next session, there’s no guarantee it’ll actually take effect. There’s a lot of Democrats statewide, the numbers aren’t exactly in their favor.”

He added it’s also common for bills to have multiple proposed amendments to increase the likelihood they’ll make the state constitution.

“When doing something unpopular, it doesn’t hurt to attach something else to get it across the line,” he said. “I don’t know what their intentions were.”

Senate Bill 106 also proposes changes to the process of the election of lieutenant governor, saying candidates for governor should choose a candidate for lieutenant governor to run with.

According to Rep. Tim Bonner, R-8th, the amendment would not restrict citizens from having an abortion, but restrict how one is funded should it pass the state House and Senate again.

“If someone wants an abortion they have the right to get one and pay for it themselves,” he said. “I don’t think (taxpayer) money should pay for a procedure that many feel is unconstitutional and wouldn’t support.”

Sen. Joe Pittman, R-41st, reiterated that the Pennsylvania constitution does not speak on abortion.

“With the overturning of Roe v. Wade, the issue has been clearly put before the states. The constitutional question will then be answered by the voters,” he said. “My reaction is that it’s an opportunity for voters to change the policy.”

Catherine Lalonde, chairwoman of the Butler County Democratic Committee, said adding the amendment could be a first step to other restrictions on abortions.

“I think it’s opening a door, trying to completely ban abortions or severely limit them,” she said. “We would be writing to elected officials. Our idea would be to stop the amendment from being passed, and trying to elect people who wouldn’t allow the amendment in general.”

Vogel said he thinks there’s a lot of misinformation being circulated about Senate Bill 106.

“If the abortion part of Senate Bill 106 would be approved by the voters, Pennsylvanians will continue to have a statutory right to an abortion under Pennsylvania’s Abortion Control Act. That act would remain in place and unchanged. Medicaid will continue to cover both non-elective abortions and voluntary abortions involving cases of rape or incest but will still withhold funding for all other elective instances,” he said.

Pennsylvania voters will decide on a new governor in November. The choice is between the state’s Democratic candidate Attorney General Josh Shapiro, who supports abortion rights, and Republican candidate state Sen. Doug Mastriano, who supports banning abortion with no exceptions. The legislature is expected to remain in Republican hands, according to an article by the Associated Press.

The state Supreme Court is considering a lawsuit filed by Planned Parenthood and other abortion providers aiming to overturn a 1982 law that bans the use of state dollars for abortion, except in cases of rape, incest or to save the life of the pregnant woman.

Republican lawmakers' constitutional amendment proposal could go before voters as early as May 2023.

Associated Press contributed to this report.