The ballot measure reads as follows:[1] Question 1Constitutional AmendmentThe proposed amendment confirms an individual's fundamental right to reproductive freedom, including, but not limited to, the ability to make and effectuate decisions to prevent, continue, or end the individual's pregnancy, and provides that the State may not, directly or indirectly, deny, burden, or abridge the right, unless justified by a compelling State interest achieved by the least restrictive means.The choices read as follows:[1] For the Constitutional AmendmentAgainst the Constitutional AmendmentIn 1992, Maryland voters approved Question 6, which upheld a state law to codify Roe v. Wade and guaranteed the right to an abortion, with 62 percent of voters approving the measure and 38 percent opposed.

[2] In August 2018, Speaker of the Maryland House of Delegates Michael E. Busch endorsed efforts to codify the right to an abortion into the state constitution, citing fears that the U.S. Supreme Court would overturn its ruling in Roe v. Wade and Planned Parenthood v. Casey, which held that the U.S. Constitution protected a woman's right to have an abortion.

[7] As the Supreme Court began considering Dobbs v. Jackson Women's Health Organization in 2022, she introduced legislation to create a referendum on codifying abortion rights,[8] which passed the Maryland House of Delegates by a 93–42 vote,[9][10] but the bill died in the Maryland Senate after Senate President Bill Ferguson declined to put it up for a vote.

[11] The legislature also passed the Abortion Care Access Act, which provided $3.5 million toward clinical training for reproductive services, which became law after lawmakers overrode Governor Hogan's veto on the bill.

[12] In June 2022, after the Supreme Court ruled in Dobbs, and overturned Roe and Casey, Jones committed to re-introducing the bill during the 2023 legislative session.

[24] Abortion access is widely popular in Maryland, and, as such, an intense campaign focused on Question 1 similar to the one advocates faced in 1992 was considered to be unlikely.