Proposition 1 could ensure that access to abortion becomes enshrined law in California
Since the U.S. Supreme Court overturned Roe v. Wade, California has positioned itself as a sanctuary for those seeking a safe abortion.
Within hours of a leaked draft of the court’s decision in Dobbs v. Jackson, Gov. Gavin Newsom and other state leaders promised to put reproductive freedom on the ballot this November. And they have, in the form of Proposition 1, which would protect abortion rights under the California Constitution.
California is one of the most progressive states in the nation, but it could be among the first, possibly alongside Vermont in the fall, to explicitly ensure the right to an abortion in its constitution. In August, Kansas voters shot down an amendment to their state constitution that would have expressly denied the right to an abortion.
California’s proposition would ensure that reproductive rights remain a medical decision and not a political one that’s perpetually debated and negotiated with the changing tide of politics.
Those in support of the proposition include abortion rights groups such as Planned Parenthood Affiliates of California and NARAL Pro-Choice California, the California Medical Association, the American College of Obstetricians and Gynecologists, the League of Women Voters of California and Newsom.
What Prop 1 Would Do
The passage of Prop 1 would codify into state law that every Californian has the right to safe and equal access to abortion and to contraceptives.
“Abortion is safe and legal in California, but in many of our community health centers, people are just really confused, and it’s not surprising,” said Dr. Jessica Hamilton of Planned Parenthood. “Many of our patients don’t speak English, or maybe they visited a crisis pregnancy center and have been intentionally misled about their care. They may see headlines about a federal abortion ban, and they might be worried that this could apply to them.”
This proposition would enshrine in the state constitution a right “to choose whether or not to have an abortion and use contraceptives” — a right that is not guaranteed on the national level.
The opponents’ view
Those opposed to the proposition include various antiabortion groups and faith-based organizations, including the California Catholic Conference and the Republican Party of California.
Opponents say the measure is unnecessary, as the right to privacy is already guaranteed by the state constitution, and argue that the proposition is written too broadly. But that’s how constitutional law is written.
“Constitutions are broad, general, skeletal outlines for the jurisdictions in which they govern,” Franklin said. “They leave to the legislature to work out the details, including especially medical technical details, like viability.”
The proposition also declines to include a definition of viability, a sticking point for some opponents.
“The one thing ... that I think the Supreme Court got right in Dobbs is that Justice (Samuel) Alito, at some length, explained why viability was not a constitutional term,” Franklin said. “Viability is a medical term. It changes over time. It’s shifting, and it doesn’t have constitutional significance.”
Voters should say yes on 1
California often prides itself on being a bastion of liberal ideals, but you don’t need to be a progressive to support reproductive rights for all. About three-fourths of all voters in California support a woman’s right to choose, while a 61% majority of U.S. adults say abortion should be legal in all or most cases, according to the Pew Research Center. California voters say it is their No. 1 issue in the election this fall.
With this proposition, California can ensure that pregnant people — and the rights of pregnant people traveling here — are protected from the kind of political and judicial games that have threatened those rights on a national level.
This story was originally published September 26, 2022 at 5:00 AM with the headline "Proposition 1 could ensure that access to abortion becomes enshrined law in California."