CA Legislature Passes Act To Amend State Constitution, Enshrine Abortion
By the CFRW Legislative Analyst Committee, July 28, 2022
The California Constitution declares that defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy are inalienable rights, and that a person may not be deprived of life, liberty, or property without due process of law or equal protection of the laws. The constitution does not specify the right to contraception or abortion.
Existing California law, the Reproductive Privacy Act, declares that every individual possesses a fundamental right of privacy with respect to personal reproductive decisions and prohibits the state from denying or interfering with a person’s right to choose or obtain an abortion EXCEPT that performance of an abortion is UNAUTHORIZED if either of the following is true:
a) The person performing or assisting in performing the abortion is not a health care provider authorized to perform or assist in performing an abortion pursuant to Section 2253 of the Business and Professional Code.
b) The abortion is performed on viable fetus – usually 23 weeks - and both the following are established:
In the good faith medical judgment of the physician 1) the fetus was viable and 2) continuation of the pregnancy posed no risk to life or health of the pregnant woman.
State Constitutional Act 10 –was passed by the California legislature on June 27, 2022. This Act would enshrine abortion by amending the California Constitution. Under this Amendment, the legislature and future lawmakers would be prevented from placing reasonable limits on abortions.
The language of the Act prohibits the state from denying or interfering with an individual’s reproductive freedom in their most intimate decisions, which includes their fundamental right to choose to have an abortion and the right to choose or refuse contraceptives.
The Act does not appear to limit “reproductive freedom” to abortion and the freedom to choose contraceptives. It also does not reference the previous language in the California Health and Safety Code that specifies when abortions are not authorized. The vague language of ACA10 about “reproductive freedom” is open to wide-ranging interpretation and could include trans-gender surgeries or cross-sex hormone treatments.
All amendments to the California Constitution must be placed on the Ballot where voters will vote for or against said amendment. This Amendment will be on the November 2022 ballot.