Shortly after the Supreme Court overturned Roe v. Wade, California lawmakers approved adding a measure to the ballot that would amend the California Constitution to specifically codify the right to an abortion and the right to choose or refuse contraceptives.
The existing law in California protecting abortion rights is the Reproductive Privacy Act, which states that “every individual possesses a fundamental right to privacy” regarding their own reproductive decisions. It stipulates that the state cannot deny an individual’s right to an abortion up to fetal viability or past viability if the life or health of the mother is in danger. In light of the Supreme Court’s argument that the right to privacy does not include reproductive rights, California lawmakers want to specifically enshrine the right to abortion and contraception in the state Constitution.
Opponents are concerned that the bill is missing explicit restrictions on late-term abortions. Supporters contend that the bill would not change current state law on fetal viability, which is defined as the point at which a fetus can survive outside the uterus without extraordinary medical support. Those in favor of the amendment argue it is a crucial step in protecting reproductive rights in California now that those rights are not federally recognized.
YES: Would amend the California Constitution to guarantee reproductive rights.
NO: Would not amend the Constitution.
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