SACRAMENTO, California (AP) – California voters will decide in November whether to guarantee the right to abortion in their state constitution, an issue that will surely increase turnout on both sides of the debate during a crucial election year. half term as Democrats try to maintain control of Congress after the U.S. Supreme Court overturned Roe v. Wade.
Friday’s court ruling allows 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 threatened anytime soon.
But the legal right to an abortion in California is based on the “right to privacy” of the state constitution. The Supreme Court ruling stated that the right to privacy does not guarantee the right to abortion. California Democrats fear that this decision could leave state abortion laws vulnerable to challenge in state courts.
To address this, state lawmakers agreed Monday to table a constitutional amendment to this year’s vote that would leave no doubt about the state of abortion in California.
“While at the moment we feel safe here in California, we can’t rest on our laurels,” said Assemblywoman Sabrina Cervantes, a Riverside Democrat. “It’s only a matter of time before this directly affects you and the people you love.”
The amendment would state that the state “shall not deny or interfere with a person’s reproductive freedom in his or her most intimate decisions, which includes his or her fundamental right to choose to have an abortion and his or her fundamental right to choose or reject contraceptives.” .
It would only become law if a majority of voters passed it this November. Of California’s likely voters, 76% oppose annulling Roe v. Wade, according to a survey conducted in May by the California Institute of Public Policy.
This could give a boost to Democrats ’chances of maintaining control of Congress. Despite its progressive reputation, California has a number of competitive races for the House that will help determine which party wins the most seats in November for the remainder of Democratic President Joe Biden’s first term.
Republicans opposed the amendment, arguing it is too broad and would allow abortions at the end of pregnancy when a fetus is able to survive outside the womb. Currently, California law restricts abortion only before the fetus is viable, which is usually defined as around 24 weeks of pregnancy.
“The wording of this says nothing about the deadline. It puts no restrictions on it,” said Republican Assembly leader James Gallagher, who noted that his twin children had complications around the age of 30 weeks. of pregnancy. “Babies like my twins at 30 weeks could be taken away from their lives.”
Assemblywoman Akilah Weber, a San Diego Democrat and practicing obstetrician-gynecologist, said many factors, other than the gestational age of the fetus, determine viability, arguing that the decision is best left to the patient. and to your doctor.
“This amendment … is not only compassionate, but it is rooted in the current state of science, evidence-based medicine and the legal landscape,” he said.
California joins Vermont in trying to protect abortion in its state constitution. The Vermont proposal, also in the November vote, does not include the word “abortion,” but would protect “personal reproductive autonomy,” although there is one exception “justified by a compelling state interest achieved by the less restrictive means “.
The amendment in California is part of the Democrats ’aggressive strategy to turn California into a sanctuary for women seeking abortion. Last week, Gov. Gavin Newsom signed a law to protect abortion providers and California volunteers from lawsuits in other states, a measure aimed at disabling a Texas law that allows private citizens to sue people who they help women in this state to have an abortion.
California’s huge operating budget, slated for a vote later this week, contains more than $ 200 million in new spending to expand access to abortion in the state. The money would pay for abortions for women who can’t afford them, scholarships for people studying how to offer abortions, and money to help women pay for logistics such as travel, lodging, and child care, but only in state of California.
Monday’s debate on abortion in the state Legislature was colored by the excitement of personal experiences, as many lawmakers detailed their own experiences with abortion. Assembly member Buffy Wicks said she chose abortion during an unplanned pregnancy when she was 25 and allowed her to “have a family when she was ready.”
Assemblyman Isaac Bryan said his mother “became pregnant with a rape” and chose to have him and give him up for adoption.
“They always ask me why that doesn’t make me pro-life,” Bryan said. “It’s because my mother had options. She had choices, and she had to take them. And I refuse to be represented for undermining the bodily autonomy of women and people who have children. “