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H3185 amends Chapter 62 to let Massachusetts taxpayers elect on their income tax return that none of their liability fund abortion services, redirecting that calculated share into a dedicated account for Baby Safe Haven Law public education.
OUR POSITIONThe American Council supports H3185 and urges every member of the Massachusetts legislature to vote for its passage. This bill does something straightforward and just: it gives individual taxpayers a voice over whether their own income tax liability is used to pay for abortion services. That is a matter of basic conscience, and the Commonwealth should honor it.
Under H3185, a taxpayer may indicate directly on their income tax return that they do not want any portion of their income tax liability used for abortion services, which the bill defines to include performing, referring for, or counseling for abortion. When that election is made, the taxpayer's liability may not be used to pay for those services. This is a clean, opt-in mechanism that respects individual conviction without compelling anyone else to act differently.
The bill does not leave redirected funds idle. The portion of a participating taxpayer's liability that is set aside must be deposited into a special account, separate and apart from the General Fund, dedicated to developing and implementing a public information program about Massachusetts's Baby Safe Haven Law under Chapter 119, Section 39-1/2. The Council views this as wise stewardship: funds freed from one purpose are channeled toward life-affirming outreach that serves vulnerable newborns and families.
The formula for calculating each electing taxpayer's set-aside is transparent and proportionate. The amount is determined by multiplying the taxpayer's income tax liability by the percentage of the General Fund that was dedicated to abortion services in the prior year. No taxpayer pays more; the Commonwealth simply allocates that taxpayer's share differently. This is a measured, accountable mechanism, not a blunt instrument.
Faith communities, pro-life advocates, and every Massachusetts resident who believes the government should not compel participation in morally contested spending have a concrete reason to contact their legislators today. H3185 is a principled reform grounded in conscience protection, fiscal transparency, and care for newborn life. The American Council calls on the legislature to pass it without delay.
H3185 passed the Senate on February 27, 2025, and a hearing was scheduled and then adjusted for September 16, 2025, signaling that the bill received formal committee attention after Senate concurrence. A reporting deadline was set and then extended to February 20, 2026, and the bill was subsequently accompanied by a study order, H5238, as of March 16, 2026, which is an inference that the committee chose to refer the matter for further study rather than report it favorably at this time. A study order referral generally means the bill requires renewed legislative attention and advocacy to move forward before the session concludes. Constituent contact directed at committee members and legislative leadership is most consequential right now, when the study order disposition is still fresh and lawmakers are weighing whether to bring the bill back for an active vote.