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California Proposition 1: Guarantee The Right To An Abortion
Proposition 1 is intended to guarantee the right to an abortion and contraception in the California Constitution, making it harder to restrict access to contraceptives or abortion in the future.
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Proposition 1 is intended to enshrine the right to an abortion and contraception in the state constitution. It is a legislatively referred constitutional amendment, which means that the California legislature proposed and passed it, but the amendment must be approved by voters before it becomes law.

The official title on the ballot: Constitutional Right to Reproductive Freedom. Legislative Constitutional Amendment.

  • A "yes" vote means that you'd be voting to:

      • Change the California Constitution, barring state legislators from passing laws that interfere with a person's right to an abortion or contraception.
    • A "no" vote means that you'd be voting to:

      • Not enshrine the right to contraceptives or an abortion in the state constitution. That means the California legislature would be able to repeal or limit those rights in the future.

    What The Measure Would Do

    The ballot measure will ask voters to change the California Constitution to declare that “the state shall not deny or interfere with an individual’s reproductive freedom in their most intimate decisions, which includes their fundamental right to choose to have an abortion and their fundamental right to choose or refuse contraceptives.”

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    In plain English, that means that if this ballot measure passes, California will be barred from interfering with or denying a person’s right to an abortion or contraceptives.

    State law currently allows abortions before the fetus is viable, meaning it can survive outside the womb. Viability is determined by a physician, typically 24 weeks. After viability, abortions can also happen, but only if a doctor determines a pregnant person’s life or health is in danger. When it comes to contraceptives, California has some of the strongest contraceptive-access laws in the country, according to California Healthline. There are very few restrictions.

    Experts say the proposed amendment wouldn’t change how the state regulates the medical procedure, nor would it repeal or replace existing law. Instead, it would prevent a future California legislature from repealing abortion or contraceptive rights without the passage of another ballot measure repealing the constitutional amendment.

    In August, 71% of California voters polled by the Institute of Governmental Studies at UC Berkeley said they would vote yes on Proposition 1.

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    Arguments For

    Those who support Proposition 1 argue that Californians should have the freedom to make their own medical choices. They point out that abortion is under attack across the U.S. and that California needs to enshrine the right to abortion in its constitution to protect against future attempts to limit access here.

    They also point out that the U.S. Supreme Court decision overturning Roe v. Wade also threatens access to reproductive health care like contraceptives, which Proposition 1 would also enshrine as a protected right.

    Who supports Proposition 1?

    The following politicians and organizations have been vocal in their support.

    Full list of supporters of Proposition 1

    Arguments Against

    Those who oppose this measure have two main arguments:

    1. Abortion is wrong. 
    2. This ballot measure is written so vaguely that it would allow the termination of a pregnancy up until a due date.

    Reminder: Existing law allows the termination of a pregnancy only up until viability, unless the pregnant person's life or health is in danger. The ballot measure would uphold the existing law.
    Who's against Proposition 1?

    The following individuals and organization have publicly opposed Proposition 1:

    Full list of opponents to Proposition 1

    Follow The Money

    The graph below shows how much money has been raised in support of Proposition 1 (Yes on 1) and against Proposition 1 (No on 1).

    Potential Financial Impact

    The legislative analyst states that there is "no direct fiscal effect" for Proposition 1. The rights are already protected by state law and California already pays for those products and services for everyone on Medi-Cal.

    The ballot measure’s official fiscal impact statement:

    Proposition 1 would change the California Constitution to expressly include existing rights to reproductive freedom. Because these rights already exist in California, the proposition would have no direct fiscal effect. However, whether a court might interpret the proposition to expand reproductive rights beyond existing law is unclear. If a court finds that the proposition expands these rights, there could be fiscal effects to the state.

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