Skip to main content
You have permission to edit this article.
editor's pick

Would Prop. 1 allow abortions after fetal viability? Legal experts say no

  • Updated

Proposition 1, the Nov. 8 ballot measure that would create an explicit protection for “reproductive freedom” in the California Constitution, is not written to expand abortion access into the final months of pregnancy and, despite warnings from opponents, legal experts say that is a highly unlikely outcome if it passes.

The simple yet sweeping language of the measure — “the state shall not deny or interfere with an individual’s reproductive freedom in their most intimate decisions” — has been a source of contention, even among some supporters of abortion rights, since it was introduced this summer.

If Proposition 1 fails, access to abortion in California would not change. But opponents warn in dire terms that, if it passes, the measure would override existing restrictions in state law, which limit the procedure after a fetus is considered viable, thereby permitting abortions up until the moment of birth.


This article was republished with permission from CalMatters.  You can read more of their coverage of California state government on

Recommended for you

Get up-to-the-minute news sent straight to your device.


News Alerts

Breaking News