Proposition 1 is a proposed amendment to the California Constitution that will explicitly protect a person’s right to an abortion in the state.
Who is running for California governor? What are the propositions on the ballot? Here is your guide to the 2022 midterm election.The state’s Constitution currently guarantees a person’s right to privacy, but does not define what that right includes. The California Supreme Court found the right to privacy included decisions related to reproductive choice, including whether to have an abortion or use birth control.
Proposition 1 would ensure abortion protections couldn’t be changed without voters weighing in. However, opponents of the measure have argued that the language of Proposition 1 is overly broad and does not limit when abortions can be performed. California law allows a woman to have an abortion until the point that a physician determines “there is a reasonable likelihood of the fetus’ sustained survival outside the uterus without the application of extraordinary medical measures.” An abortion can be performed after viability if the procedure is necessary in order to “protect the life or health of the woman.
The exact point of viability is not defined in state law. That decision is left for physicians to make based on “good faith medical judgment.” In most cases, doctors have considered a fetus viable at 24 weeks.
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