Proposition 1: Constitutional Right to Reproductive Freedom
Summary
Proposition 1 is a legislatively referred constitutional amendment. It was put on the ballot by the California State Legislature with the passage of 2021-2022 Senate Constitutional Amendment (SCA) 10 - Atkins. It provides a state constitutional right to reproductive freedom, including the right to an abortion.
This proposition would amend the California Constitution to expressly include an individual’s fundamental right to reproductive freedom, which includes the fundamental right to choose to have an abortion and the fundamental right to choose or refuse contraceptives. This amendment does not narrow or limit the existing rights to privacy and equal protection under the California Constitution.
Fiscal Impact
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 on the state.
What your vote means
According to the California State Legislative Analyst’s office:
A YES vote on this measure means: The California Constitution would be changed to expressly include existing rights to reproductive freedom—such as the right to choose whether or not to have an abortion and use contraceptives.
A NO vote on this measure means: The California Constitution would not be changed to expressly include existing rights to reproductive freedom. These rights, however, would continue to exist under other state laws.
Official Voter Information
- California Secretary of State, Quick Reference Guide Prop. 1
- California Secretary of State, Official Voter Information Guide
- California Secretary of State, Cal-Access: Campaign contributions
- California Legislative Analyst's Office, Proposition 1
- California Fair Political Practices Commission, November 2022 General Election Top Contributors to State Ballot Propositions
Non-partisan Voter Information
- Ballotpedia
- California Choices
- CalMatters
- League of Women Voters of California Ballot Recommendations
- Project for an Informed Electorate
- Voter's Edge
Public Opinion Polls
- Rasmussen Reports, August 10-11th, 2022
- Berkeley IGS Poll, August 24, 2022
- Public Policy Institute of California Statewide Survey, July 2022
- Public Policy Institute of California Statewide Survey, September 2022
- Rasmussen Reports, October 12, 2022
- USC Schwarzenegger Institute – USC Price California Issues Poll Fall 2022 General Election Poll, November 4, 2022, p. 15, 49
- Berkeley IGS Poll, November 4, 2022
Pro/Con Statements
| Pro | Con |
|---|---|
| The proponents of Proposition 1 state that the fundamental right to abortion and the fundamental right to contraceptives should be enshrined in the state Constitution. Voting yes on Proposition 1 protects individual choices on reproductive care and the right to choose to have an abortion, keeping medical decisions where they belong between a patient and their provider. | Opponents of Proposition 1 state that women already have the right to choose under current California law. The recent U.S. Supreme Court ruling did not and will not change this. Prop 1 is not needed to protect women’s health or their reproductive rights. Additionally, Prop 1 is an extreme and costly proposal that allows unrestricted late term abortions and punishes taxpayers; abortion seekers from outside California will swamp California resources. |