California Becomes First State With Constitutional Right To Abortion

CALIFORNIA —Proposition 1, the constitutional amendment enshrining the right to abortion and reproductive choice, passed by millions of votes. According to preliminary tallies, it was passing with 68 percent of the vote. Even before the Associated Press had called the outcome for Proposition 1, a spokesperson for the opposition campaign conceded defeat, according to the Los Angeles Times.

Passage of Prop. 1 makes California the first state to explicitly protect the right to abortion and birth control in its constitution.

In June, the U.S. Supreme Court overturned Roe v. Wade, the 1973 decision that protected abortion across the nation. In doing so, the high court unsettled what many had taken for granted as a settled law, prompting 14 states to pass abortion restrictions and rattling pro-choice advocates and lawmakers in blue states such as California.

It was this legal paradigm shift that prompted lawmakers to put Proposition 1 to voters even though abortion is currently legal in California. Polls showed Proposition 1 easily passing. A UC Berkeley Institute of Governmental Studies Poll showed more than 70 percent of registered voters supporting Proposition 1. However, California is a state where 1 in 3 residents identify as Catholic, and the church is leading the charge to defeat the ballot measure. A coalition of religious groups urged the faithful to vote no on Proposition 1.

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“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. This section is intended to further the constitutional right to privacy guaranteed by Section 1, and the constitutional right to not be denied equal protection guaranteed by Section 7. Nothing herein narrows or limits the right to privacy or equal protection.”

Supporters of the measure, which included Gov. Gavin Newsom, the state’s two senators, the California Medical Association and the ACLU of California, contended it was needed to protect reproductive freedom from a right-wing Supreme Court willing to discard precedent that doesn’t serve their partisan goals.

“California will not sit on the sidelines as unprecedented attacks on the fundamental right to choose endanger women across the country,” Newsom said. “This measure will ensure that women in our state have an inviolable right to a safe and legal abortion that is protected in our constitution.”

Critics of the measure, however, argued that it goes too far. The amendment could be interpreted to allow for late-term abortions in California, critics contended. Currently, state laws allow abortion up until the fetus is considered viable. After that, abortion is only allowed to protect the life or health of the mother.

The amendment's vague wording would invite endless legal challenges, opponents argued.

“Proposition 1 is an extreme law that allows late-term abortions at taxpayer expense up to the moment of birth—even if the baby is healthy and the mother’s health is not threatened,” the official argument on the ballot reads. “Current California law already guarantees a woman’s right to choose, making this extreme and costly proposal unnecessary.”

Bishop of Sacramento Jaime Soto issued a statement opposing the proposition and denouncing the state’s support for abortion rights.

"The state's political leadership continues to stubbornly cling to the practice of abortion and the throw-away culture. It is reprehensible to enshrine in the State Constitution the practice of abortion even until moments before delivery,” he said. "I call on the faithful to imagine a new vision for California, to imagine a society without abortion."

Opponents of the measure included the California Conference of Catholic Bishops and the Republican Party of California.

According to the state’s Legislative Analyst’s office, the passage of Proposition 1 is not likely to have a fiscal impact because California already allows abortion, but the office offered one caveat.

“However, whether a court might interpret the proposition to expand reproductive rights beyond existing law is unclear,” according to the analyses. “If a court finds that the proposition expands these rights, there could be fiscal effects to the state.”

Campaign donations and spending on the measure were decidedly lopsided. Proposition 1 supporters raised more than $9.2 million and had spent nearly $1.2 million through the end of September. The opposition campaign, conversely, raised almost $72,000 and spent less than $1,000.