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Washington Initiative 120, Abortion Legal to Fetal Viability Measure (1991)
| Washington Initiative 120 | |
|---|---|
 | |
| Election date November 5, 1991 | |
| Topic Abortion | |
Status Approved | |
| Type State statute | Origin Citizens |
Washington Initiative 120, the Abortion Legal to Fetal Viability Measure, was on the ballot in Washington as an Initiative to the Legislature on November 5, 1991. The ballot measure was approved.
A "yes" vote supported providing, in statute, that "The state may not deny or interfere with a woman's right to choose to have an abortion prior to viability of the fetus, or to protect her life or health." |
A "no" vote opposed providing, in statute, that "The state may not deny or interfere with a woman's right to choose to have an abortion prior to viability of the fetus, or to protect her life or health." |
Overview
What did Initiative 120 change about abortion law in Washington?
On November 5, 1991, 50.14% of voters approved Initiative 120, a citizen-initiated ballot measure, to provide that "the state may not deny or interfere with a woman's right to choose to have an abortion prior to viability of the fetus, or to protect her life or health."[1]
Initiative 120 defined fetal viability as "the point in the pregnancy when, in the judgment of the physician on the particular facts of the case before such physician, there is a reasonable likelihood of the fetus's sustained survival outside the uterus without the application of extraordinary medical measures."[1]
Before Initiative 120, voters approved Referendum 20 in 1970. Referendum 20 legalized abortion for women "not quick with child" and within the "four lunar months after conception."[2]
Election results
|
Washington Initiative 120 |
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|---|---|---|---|---|
| Result | Votes | Percentage | ||
|
|
756,653 | 50.14% | ||
| No | 752,354 | 49.86% | ||
Text of measure
Ballot title
The ballot title was as follows:[1]
| “ | Shall state abortion laws be revised, including declaring a woman's right to choose physician performed abortion prior to fetal viability?[3] | ” |
Full text
The following is the full text of Washington Initiative 120:[1]
Accordingly, it is the public policy of the state of Washington that: (1) Every individual has the fundamental right to choose or refuse birth control; (2) Every woman has the fundamental right to choose or refuse to have an abortion, except as specifically limited by this act; (3) Except as specifically permitted by this act, the state shall not deny or interfere with a woman's fundamental right to choose or refuse to have an abortion; and (4) The state shall not discriminate against the exercise of these rights in the regulation or provision of benefits, facilities, services, or information. Sec. 2. The state may not deny or interfere with a woman's right to choose to have an abortion prior to viability of the fetus, or to protect her life or health. A physician may terminate and a health care provider may assist a physician in terminating a pregnancy as permitted by this section. Sec. 3. Unless authorized by section 2 of this act, any person who performs an abortion on another person shall be guilty of a class C felony punishable under chapter 9A.20 RCW. Sec. 4. The good faith judgment of a physician as to viability of the fetus or as to the risk to life or health of a woman and the good faith judgment of a health care provider as to the duration of pregnancy shall be a defense in any proceeding in which a violation of this chapter is an issue. Sec. 5. Any regulation promulgated by the state relating to abortion shall be valid only if: (1) The regulation is medically necessary to protect the life or health of the woman terminating her pregnancy, (2) The regulation is consistent with established medical practice, and (3) Of the available alternatives, the regulation imposes the least restrictions on the woman's right to have an abortion as defined by this act. Sec. 6. No person or private medical facility may be required by law or contract in any circumstances to participate in the performance of an abortion if such person or private medical facility objects to so doing. No person may be discriminated against in employment or professional privileges because of the person's participation or refusal to participate in the termination of a pregnancy. Sec. 7. If the state provides, directly or by contract, maternity care benefits, services, or information to women through any program administered or funded in whole or in part by the state, the state shall also provide women otherwise eligible for any such program with substantially equivalent benefits, services, or information to permit them to voluntarily terminate their pregnancies. Sec. 8. For purposes of this chapter: (1) "Viability" means the point in the pregnancy when, in the judgment of the physician on the particular facts of the case before such physician, there is a reasonable likelihood of the fetus's sustained survival outside the uterus without the application of extraordinary medical measures. (2) "Abortion" means any medical treatment intended to induce the termination of a pregnancy except for the purpose of producing a live birth. (3) "Pregnancy" means the reproductive process beginning with the implantation of an embryo. (4) "Physician" means a physician licensed to practice under chapter 18.57 or 18.71 RCW in the state of Washington. (5) "Health care provider" means a physician or a person acting under the general direction of a physician. (6) "State" means the state of Washington and counties, cities, towns, municipal corporations, and quasi-municipal corporations in the state of Washington. (7) "Private medical facility" means any medical facility that is not owned or operated by the state. Sec. 9. The following acts or parts of acts are each repealed: (1) RCW 9.02.010 and 1909 c 249 s 196, Code of 1881 s 821, 1873 p 188 s 42, 1869 p 209 s 40, & 1854 p 81 s 38; (2) RCW 9.02.020 and 1909 c 249 s 197; (3) RCW 9.02.030 and 1909 c 249 s 198; (4) RCW 9.02.040 and 1909 c 249 s 199; (5) RCW 9.02.060 and 1970 ex.s. c 3 s 1; (6) RCW 9.02.070 and 1970 ex.s. c 3 s 2; (7) RCW 9.02.080 and 1970 ex.s. c 3 s 3; and (8) RCW 9.02.090 and 1970 ex.s. c 3 s 5. Sec. 10. This act shall not be construed to define the state's interest in the fetus for any purpose other than the specific provisions of this act. Sec. 11. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. Sec. 12. This act shall be known and may be cited as the Reproductive Privacy Act. Sec. 13. Sections 1 through 8 and 10 through 12 of this act are each added to chapter 9.02 RCW. |
Support
Arguments
Opposition
Arguments
Path to the ballot
Initiative 120 was an Initiative to the Legislature, the state's name for an indirect initiated state statute. Proponents needed to collect 150,001 signatures.[4] The deadline to file signatures was January 4, 1991.[5] Proponents filed 243,000 signatures on January 3.[6] According to the Spokane Chronicle, the state found that at least 194,000 signatures were valid.[7]
As an indirect initiative, Initiative 120 was filed with the state Legislature on February 8, 1991. The Legislature did not pass the proposal; therefore, Initiative 120 was placed on the ballot for voters to decide.[8]
See also
Footnotes
- ↑ 1.0 1.1 1.2 1.3 Washington Secretary of State, "1991 Ballot Measure Voter Guide," accessed May 12, 2022
- ↑ Washington Secretary of State, "Washington State 1970 Voter Guide," accessed May 17, 2022
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ The News Tribune, "Leaders have enough signatures for death, abortion initiatives," October 12, 1990
- ↑ The Bellingham Herald, "Partlow passionate about choice," September 23, 1990
- ↑ Tri-City Herald, "Yes to I-120," January 27, 1991
- ↑ Spokane Chronicle, "Anti-abortion forces say petitions flawed," February 21, 1991
- ↑ Washington Secretary of State, "Initiatives to the Legislature," accessed May 12, 2022
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