Opinion: California’s abortion ballot measure is an unnecessary risk
California’s leaders shouldn’t put fundamental rights up for a vote. But the legislature has nonetheless added Proposition 1 to this November’s ballot.
That may sound like common sense. But in matters of California governance, common sense often doesn’t apply. Prop 1 unnecessarily and unintentionally puts at risk the rights it’s designed to protect. Legally, a new constitutional amendment provides a target for abortion opponents to challenge in court—and that’s frightening, now that abortion is no longer constitutional protected nationally. The federal judiciary, now dominated by anti-choice conservatives, might seize on such challenges to undermine the right to choose in California.
Failure to mention earlier existing law, added Macbeth and Bernal, would “untether” Prop 1 from any solid foundation in privacy protection. Doing so could put both reproductive rights and other rights grounded in privacy, such as marriage, in danger of being reinterpreted by the courts.
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