The state’s Structure at present ensures an individual’s proper to privateness, however doesn’t outline what that proper contains. The California Supreme Courtroom discovered the fitting to privateness included choices associated to reproductive selection, together with whether or not to have an abortion or use contraception. Lawmakers have additionally added abortion rights into state legislation, however supporters of Proposition 1 stated hostile assaults on abortion entry have satisfied them these aren’t sufficient. Legal guidelines and court docket rulings might be modified, supporters say.

Proposition 1 would guarantee abortion protections couldn’t be modified with out voters weighing in. Nonetheless, opponents of the measure have argued that the language of Proposition 1 is overly broad and doesn’t restrict when abortions might be carried out.

California legislation permits a lady to have an abortion till the purpose {that a} doctor determines “there’s a affordable chance of the fetus’ sustained survival outdoors the uterus with out the applying of extraordinary medical measures.” An abortion might be carried out after viability if the process is important to be able to “defend the life or well being of the lady.” These protections apply to anybody who turns into pregnant, together with minors, who underneath state legislation can consent to an abortion with no mum or dad’s data.

The precise level of viability is just not outlined in state legislation. That call is left for physicians to make primarily based on “good religion medical judgment.” Typically, medical doctors have thought of a fetus viable at 24 weeks.