SACRAMENTO, Calif. (AP) – California voters will decide in November whether to guarantee the right to abortion in their state’s constitution. to retain control of Congress after the U.S. Supreme Court overturned Rowe against Wade.
The court ruling on Friday allowed states to decide for themselves whether to allow abortion. California is controlled by Democrats who support abortion rights, so access to the procedure will not be jeopardized any time soon.
But the legal right to abortion in California is based on the “right to privacy” in the state constitution. The Supreme Court’s ruling states that the right to privacy does not guarantee the right to abortion. California Democrats fear that this decision could make state abortion laws vulnerable to challenge in state courts.
To address this, U.S. lawmakers on Monday agreed to make a constitutional amendment to this year’s bulletin that would leave no doubt about the abortion status in California.
“As long as we can feel safe here in California, we can’t rest on our laurels,” said Assembly member Sabrina Cervantes, a Democrat from Riverside. “It’s only a matter of time before it directly affects you and the people you love.”
The amendment will declare that the state “should not deny or interfere with the individual’s reproductive freedom in their most intimate decisions, which includes their fundamental right to choose to have an abortion and their fundamental right to choose or refuse contraceptives.”
It will only become law if a majority of voters approve it in November. Of California’s likely voters, 76 percent oppose Rowe’s repeal of Wade, according to a May poll by the California Institute of Public Policy.
This could boost Democrats’ chances of retaining control of Congress. Despite its progressive reputation, California has a number of competitive races in the House that will help determine which party will win the most seats in November for the remainder of Democrat President Joe Biden’s first term.
Republicans opposed the amendment, saying it was too broad and would allow abortions in late pregnancy when the fetus is able to survive outside the womb. California law currently restricts abortion only before the fetus is viable, which is usually defined as about 24 weeks of pregnancy.
“The wording of this says nothing about the late term. This does not place any restrictions on this, “said Republican Assembly leader James Gallagher, who noted that his twin sons had complications around the 30th week of pregnancy. “Babies like my twins at 30 weeks, their lives can be taken away.”
Assembly member Aquila Weber, a San Diego Democrat and practicing obstetrician-gynecologist, said many factors other than the fetal’s gestational age determine viability, arguing that the decision is best left to the patient and her doctor.
“This change … is not only compassionate, but rooted in the current state of science, evidence-based medicine and the legal landscape,” she said.
California joined Vermont in its efforts to protect abortion in its state constitution. Vermont’s proposal, also in the November vote, did not include the word “abortion” but would protect “personal reproductive autonomy” – although there is an exception “justified by an overriding state interest achieved with the least restrictive means”.
The California amendment is part of the Democrats’ aggressive strategy to turn California into a haven for women seeking abortion. Last week, Gov. Gavin Newsom signed a law aimed at protecting abortion providers in California and volunteers from lawsuits in other states, a measure aimed at blunting Texas law that allows private citizens to prosecute people who help women in this. state to have an abortion.
California’s huge operating budget – scheduled for a vote later this week – includes more than $ 200 million in new spending to expand access to abortion in the state. The money will pay for abortions for women who can’t afford them, scholarships for people learning how to provide abortions and money to help women pay for logistics such as travel, accommodation and childcare – but only in within the state of California.
Monday’s debate on abortion in the state legislature was colored by the emotion of personal experiences, as many lawmakers described in detail their own experiences with abortion. Assembly member Buffy Weeks said she chose an abortion during an unplanned pregnancy when she was 25, and that allowed her to “have a family when I’m ready.”
Assembly member Isaac Brian said his mother “became pregnant by rape” and chose to have him and give him up for adoption.
“I’m constantly asked why that doesn’t make me pro-life,” Brian said. “It’s because my mother had opportunities. She had a choice and he had to make it. And I refuse to be symbolized in order to undermine the bodily autonomy of women and women in labor. “
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