Proposed constitutional change faces long odds in Republican-controlled chamber; Pocono-area lawmakers split along party lines

HARRISBURG, PA — The Pennsylvania House of Representatives passed a proposed constitutional amendment Wednesday that would enshrine abortion rights in the state constitution, clearing the first hurdle in what supporters acknowledge will be a years-long effort to put the question before voters.

House Bill 1957 passed 102-101 in the razor-thin Democratic majority chamber. The vote saw two defections from each party: Democrats Frank Burns of Cambria County and Anita Kulik of Allegheny County voted against the measure, while Republicans Joe Hogan and Kathleen Tomlinson, both of Bucks County, crossed party lines to support it.

The bill now moves to the Republican-controlled Senate, where Sen. Rosemary Brown, R-40th, represents Monroe, Wayne, and parts of Lackawanna counties. Brown, an East Stroudsburg High School graduate who has represented the Pocono region since 2011, has consistently opposed abortion rights legislation throughout her tenure in both the House and Senate.

State Rep. Tarah Probst, D-189th, whose district covers portions of Monroe and Pike counties including Stroudsburg, East Stroudsburg, and surrounding townships, is among the bill’s 36 co-sponsors. Probst, a former Stroudsburg mayor, has been a consistent advocate for reproductive rights legislation during her tenure in Harrisburg.

What the Amendment Would Do

The proposed Reproductive Rights Amendment would add language to the Pennsylvania Constitution establishing that every individual has the right to “personal reproductive liberty,” including the right to choose or refuse an abortion, contraceptives, and fertility care without government interference.

The amendment would subject any state restrictions on reproductive health care to “strict scrutiny”—the highest level of legal review—requiring the commonwealth to demonstrate a “compelling state interest” and use the “least restrictive means” to achieve it.

Under the proposed language, Pennsylvania could still regulate abortion after fetal viability, defined as when “there is a significant likelihood of the fetus’s sustained survival outside the uterus without the application of extraordinary medical measures.” However, the state could not prohibit abortions that a health care professional determines are “medically indicated to protect the life or physical or mental health of the pregnant individual.”

Current Pennsylvania Law

Pennsylvania’s existing Abortion Control Act, which dates to 1989 and was upheld in the landmark Planned Parenthood v. Casey Supreme Court decision, permits abortion through 23 weeks of pregnancy. The law requires:

• A 24-hour waiting period after mandatory counseling
• Parental consent for minors
• Restrictions on public funding except in cases of life endangerment, rape, or incest
• Abortions after 24 weeks only to prevent death or “substantial and irreversible impairment of a major bodily function”

Supporters say the amendment would protect these existing rights from future legislative restrictions. Opponents argue it would invalidate current safeguards and open the door to unrestricted abortion access throughout pregnancy.

Steep Path to the Ballot

The amendment faces significant obstacles before Pennsylvania voters could weigh in. Constitutional amendments must pass both chambers of the legislature in two consecutive sessions—meaning the House would need to pass identical language again in the 2027-28 session—before appearing on a statewide ballot.

The Republican-controlled Senate, where the GOP holds a 27-23 majority, has shown no inclination to advance the measure. Senate Republicans advanced their own constitutional amendment in 2022 that would have explicitly stated the constitution grants no right to abortion—a measure that died when Democrats flipped the House in 2023.

“But just because we can’t get it through both chambers right now doesn’t mean that we don’t try,” co-sponsor Rep. Danielle Friel Otten, D-Chester, said when the bill advanced from committee in October.

Even under the most optimistic scenario for supporters—if Democrats win Senate control and maintain the House—the earliest a referendum could reach voters would be 2029.

Dueling Legal Analyses

The amendment’s scope has generated sharply divergent interpretations.

Elizabeth Kirk, a law professor at The Catholic University of America who testified against the bill, warned that strict scrutiny would effectively doom existing restrictions. “It’s such a high bar that, colloquially, it’s referred to as ‘strict in theory, fatal in fact,’ meaning that very few laws survive challenge under this rigorous test,” Kirk testified before the House Judiciary Committee in October.

Kirk also noted the amendment’s use of “individual” rather than “adult” could weaken parental consent requirements. “The plain text makes no distinction between adults and minors,” she said.

Supporters counter that the amendment mirrors language voters have approved in Ohio, Michigan, California, and Vermont since the U.S. Supreme Court overturned Roe v. Wade in 2022. They argue it simply codifies protections that existed for 50 years under Roe and prevents future legislatures from imposing more restrictive bans.

“Since the Dobbs decision, citizens across the country have stepped up to defend reproductive freedom in their respective states, and Pennsylvania must be next,” Otten said in a statement after the committee vote.

What It Means for the Poconos

For residents of Monroe, Wayne, Pike, Carbon, and Lackawanna counties, the amendment’s fate will be shaped largely by regional representation in the divided legislature.

The 40th Senatorial District—covering Monroe County municipalities including Stroudsburg, East Stroudsburg, Pocono Township, Smithfield Township, and Middle Smithfield Township, along with Wayne County communities like Honesdale, Hawley, and Lake Wallenpaupack townships—is represented by Sen. Brown, who serves as majority chairwoman of the Senate Community, Economic and Recreational Development Committee.

Brown, who has passed legislation on opioid prescriptions, financial literacy, and private community protections during her legislative career, has not issued a statement on HB 1957. Her office did not immediately respond to a request for comment.

On the House side, Rep. Probst’s 189th District includes Stroudsburg Borough, East Stroudsburg Borough, Stroud Township, Smithfield Township, and Middle Smithfield Township in Monroe County, plus portions of Pike County including Lehman Township and Delaware Township.

The neighboring 176th House District, covering parts of Monroe and Northampton counties including Tobyhanna Township, Tunkhannock Township, and Polk Township, is represented by Rep. Tarik Khan, D-Philadelphia—another co-sponsor of HB 1957.

Wayne County falls entirely within the 139th House District, represented by Rep. James Struzzi, R-Indiana. Struzzi voted against the amendment Wednesday.

Regional Access Implications

Pennsylvania has become a destination for patients from neighboring states with restrictive abortion laws since the Supreme Court overturned federal protections in 2022. West Virginia enacted a near-total ban following Dobbs, and other surrounding states have imposed various restrictions.

The Pennsylvania Department of Health reported 32,123 abortions performed in the commonwealth in 2020, with facilities in the Philadelphia and Pittsburgh regions handling the majority of procedures. No abortion providers currently operate in Monroe, Wayne, Pike, or Carbon counties—residents seeking services must travel to facilities in the Lehigh Valley, Scranton/Wilkes-Barre area, or the Philadelphia region.

Gov. Josh Shapiro, a Democrat who campaigned on protecting abortion access, would have no role in the constitutional amendment process—such measures bypass gubernatorial approval and go directly to voters if passed by the legislature.

What Happens Next

HB 1957 now moves to the Senate, where Majority Leader Joe Pittman has given no indication the chamber will take up the measure. Even if Senate Republicans allowed a vote, the current makeup would likely doom the bill.

The vote Wednesday sets up abortion rights as a defining issue heading into 2026 elections, when all 203 House seats and half the 50-member Senate will be on the ballot—including the 40th District seat held by Brown, who was elected to the Senate in 2022 after six terms in the House.

Reproductive rights have proven a potent issue nationally since Dobbs, with abortion rights measures passing in every state where they’ve appeared on the ballot—including conservative-leaning Kansas, Kentucky, and Ohio.

For now, Pennsylvania’s abortion laws remain unchanged. The Abortion Control Act continues to govern access, and a pending case before the Pennsylvania Supreme Court could determine whether the existing state constitution already protects abortion rights—potentially rendering the proposed amendment moot.

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CASE REFERENCE:

• Bill: HB 1957 (PN 2711)
• Prime Sponsors: Reps. Danielle Friel Otten (D-Chester), Liz Hanbidge (D-Montgomery), La’Tasha D. Mayes (D-Allegheny)
• Local Co-Sponsors: Rep. Tarah Probst (D-189th, Monroe/Pike)
• House Vote: 102-101 (December 17, 2025)
• Status: Transmitted to Senate
• Full Text: palegis.us/legislation/bills/2025/hb1957

LOCAL REPRESENTATIVES:

• Sen. Rosemary Brown (R-40th): Monroe, Wayne, Lackawanna counties — Stroudsburg office: 570-420-8282
• Rep. Tarah Probst (D-189th): Monroe, Pike counties — Stroudsburg office: 570-420-8301
• Rep. James Struzzi (R-139th): Wayne, Indiana counties — Indiana office: 724-465-0220

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The Pocono Review provides accountability journalism for Monroe, Wayne, and Pike counties. Contact the newsroom at tips@poconoreview.com.