FACT CHECK: Does Proposition 1 In California Allow Abortions Up Until Birth?

Anna Mock | Fact Check Reporter

A post shared on Facebook purports Proposition 1 in California would legalize abortion at any stage until birth should it be enacted.


Verdict: False

The proposal would change the California Constitution to include language to protect a person’s right to abortion and contraceptives. There is no language in the proposal extending the period of abortion.

Fact Check: 

Abortion has been tagged as one of the leading issues for voters heading into the 2022 midterm elections, according to Gallup Polling. Approximately 42 percent of voters polled between Oct. 3 and 20 said abortion was “Extremely important” to their vote, the group reported.

The Facebook post purports Proposition 1 on Californian ballots would expand abortion rights to legalize abortions up until birth.

“Vote NO on Prop 1 (aka Measure 1) which makes abortion legal up to birth,” the post reads. (RELATED: Does Prop 2 In Michigan Allow Felons To Vote?)

The claim is incorrect. If enacted, Proposition 1 would ban state interference with a person’s right to have an abortion or access contraceptives, according to the document provided by California’s Legislative Analyst’s Office. The bill does not mention any proposed changes to how far along in the pregnancy a person is allowed to receive an abortion. 

“Proposition 1 changes the California Constitution to say that the state cannot deny or interfere with a person’s reproductive freedom and that people have the fundamental right to choose whether or not to have an abortion [or] to use contraceptives,” according to the office’s summary.

It’s only legal to get an abortion in California up to approximately 6 months of pregnancy unless a mother’s life or health is at risk, according to Planned Parenthood. There is no language in the proposition that addresses extending the length of the time frame for abortion access.

Politifact also debunked this claim. Mary Ziegler, a legal historian and professor of law at the University of California, told Politifact that if Proposition 1 is passed and challenged in court, it’s unlikely that courts would remove all restrictions for abortions.

This is not the first time misinformation about abortions has spread over the internet. Check Your Fact recently debunked a claim that a 12-year-old would get life in prison for receiving an abortion.

Anna Mock

Fact Check Reporter

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