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What is Proposition 1?

  • Prop 1 would amend California’s constitution to create a constitutional right to abortion, birth control, and other so-called “reproductive freedoms.”
  • The amendment is unprecedented. No state has ever enshrined abortion or any other “reproductive freedoms” in a state constitution.

What does Prop 1 say?

  • 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.

Who wrote Prop 1?

  • Prop 1 was written by Planned Parenthood and the abortion lobbying group NARAL.
    • Their goal is to make California a “reproductive freedom” destination to lure women and girls from other states to come to California because of our lax abortion laws.

What is “reproductive freedom”?

  • This language is intentionally vague and could include any number of alleged rights related to a person’s “most intimate decisions.”
  • A similar amendment in Michigan defines “reproductive freedom” as “including but not limited to prenatal care, childbirth, postpartum care, contraception, sterilization, abortion care, miscarriage management, and infertility care.”

What would Prop 1 do?

  • Prop 1 would create a constitutional right to abortion throughout pregnancy, including self-induced “DIY” abortions.
  • Prop 1 would make it virtually impossible to enact any future safeguards on abortion – such as parental notification for abortions on minor children, restrictions on late-term abortions, meaningful informed consent, regulations governing abortion pills, reporting on abortion statistics and complications, etc.
  • Prop 1 also creates a constitutional right to other “reproductive freedoms in people’s most intimate decisions.” This could include a constitutional right to sex change hormones, puberty blockers, fertility care (such as in vitro fertilization and surrogacy), prostitution (including child prostitution, i.e., sex trafficking), and much more.

Would the provisions of Prop 1 apply to children?

  • Yes. Any “reproductive freedoms” enshrined in the state constitution would also apply to minors, who could assert them against their parents. This has implications for parental rights regarding gender reassignment drugs and surgeries, as well as human trafficking, “sex work,” egg harvesting, etc.
  • Prop 1 gives children a constitutional right to abortion, including abortion pills that are only loosely regulated. For example, there are no protections in place to ensure that women and girls take abortion pills early in pregnancy even though taking the pills in the second and third trimesters can cause severe physical injury and even death.

What is the difference between a state law and a constitutional amendment?

  • A law is a rule or standard of behavior, including penalties for violations. Laws are proposed and passed by the legislature. They can be struck down by state and federal courts.
  • The California Constitution, with its amendments, is “meta law. Amendments cannot be struck down by state courts. They must be either overturned by a subsequent amendment or struck down by the U.S. Supreme Court.

Can Prop 1 be defeated?

  • Yes! Recent polling shows that most Californians oppose late-term abortion.
  • Even people who are pro-abortion are concerned that the amendment could open the door to lawsuits that may end the unqualified right to abortion in California.

What happens if Prop 1 is defeated?

  • Post-viability restrictions on abortion will remain in place.
  • There would be no constitutional right to abortion, which means commonsense measures to protect women and girls could be proposed, including as parental notification laws, informed consent, reporting on adverse events, etc.
  • There would be no constitutional right to a host of other “reproductive freedoms.” Existing laws and regulations protecting women and children would remain in place.

Click here to download this information in a printable pdf document.

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