Proposed bill could put abortion restrictions before North Carolina voters

North Carolina has become one of the few states in the Southeast where abortion remains legal up to 12 weeks of pregnancy, drawing patients from neighboring states with stricter bans. 

In 2025, almost 18,000 abortions were provided to patients who traveled from out of state, according to the Guttmacher Institute. 

Now, a proposed constitutional amendment filed by Republican lawmakers could place a stricter measure on the ballot for voters in November. 

House Bill 1232, filed by Republican state Reps. Keith Kidwell of Beaufort County and Ben Moss of Richmond County, would amend the North Carolina Constitution to declare that life begins at fertilization and grant what it calls “unborn” persons the same protections as any other person under state law, effectively banning all abortions. 

The bill says: “Any person who willfully seeks to destroy the life of another person, by any means, at any stage of life, or succeeds in doing so, shall be held accountable for attempted murder or for first degree murder, respectively.” The bill also states people would have the right to defend themselves or another person even by the use of deadly force, if necessary, from willful destruction by another person. 

The new proposal goes far beyond the state’s current restrictions, which took effect in July 2023 and shortened the state’s abortion window from 20 weeks to 12 weeks while also requiring patients to receive mandatory in-person counseling at least 72 hours before the procedure.

Since its introduction, the bill has sparked criticism online from care providers, abortion rights advocates, and some abortion opponents concerned about how the bill’s broad language could be interpreted. 

Lynne Walter, an advocacy and organizing manager at Pro-Choice North Carolina, called the proposal an example of lawmakers focusing on divisive issues instead of addressing challenges families are facing day to day. 

“While out-of-touch Republicans in the North Carolina General Assembly are busy filing extremist anti-abortion bills, we North Carolinians are struggling to pay for our healthcare costs, put food on the table, and fill up our gas tanks,” Walter said in a statement. She argued lawmakers should be focusing on lowering healthcare costs, improving public education, addressing the state’s maternal mortality rate, and improving public schools.  

Jen Hamiton, a labor and delivery nurse in North Carolina and a healthcare content creator, raised concerns about how the bills could impact patient care. In a TikTok post discussing the bill, Hamilton questioned whether recognizing personhood at fertilization could create uncertainty for women using birth control and for providers performing lifesaving care during emergencies. 

“So let me get this straight: We can’t feed kids in school, and we won’t give healthcare to people, but we will make it legal to murder women who use birth control?” she said in the TikTok. “Got it.”

Some Democratic lawmakers also criticized the proposal. State Rep. Tracy Clark said on Facebook that while people should be angry about H.B. 1232, similar bills have appeared in previous sessions. 

“This is why I do what I do and why every single election is SO important to turn out voters to vote against this insanity at all levels of government!” Clark said.

Clark emphasized that the bill is not current law and still faces multiple hurdles before it can go before voters. 

Moss announced Tuesday on social media that he was removing himself as a bill sponsor, though he didn’t rule out supporting future restrictions. 

“I remain firmly pro-life and strongly believe in protecting innocent human life. That conviction has not changed,” Moss wrote in a statement on Facebook. “However, I also believe legislation must be written with absolute clarity so that its intent cannot be misunderstood or broadly misinterpreted in ways that create fear and confusion.” 

Moss said in the statement: “The purpose behind this legislation was to protect the value and dignity of unborn life — not to suggest that women should face capital punishment or to create uncertainty surrounding difficult medical situations. Unfortunately, portions of the bill’s current language have led to significant misunderstandings and differing misinterpretations that distract from the core pro-life message and intent.”

Because H.B. 1232 is an act to create a constitutional amendment, it would need approval from at least three-fifths of the members of both chambers of the North Carolina Legislature. Republicans currently hold 30 seats in the Senate and 71 in the House, leaving them one seat short of the threshold needed to place the measure before voters without some Democratic votes. 

If the measure reached the ballot and voters approved the amendment, it would become effective on Jan.1, 2027.