Californians will choose in November whether to enshrine abortion rights in the California Constitution. SCA 10, the Constitutional amendment that was fast tracked through the legislation, passed the state Assembly June 27 with a 58-17 vote.
The proposal must be approved by state voters to take effect.
“The state shall not deny or interfere with an 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.”
Language from SCA 10
California case and statutory law already establish a right to abortion, but the amendment’s proponents argue it is necessary in case the precedent gets overturned.
“As the bodily autonomy of women across the country has been threatened, we are proud to stand tall here in California, ensuring we are, and will always be a safe haven for reproductive choice,” Assemblymember Eloise Gómez Reyes (D-Colton) posted on Facebook.
The amendment needed a two-thirds vote in both chambers of the California Legislature, and passed both houses with 72% of the vote.
The amendment passed the Assembly June 27 with a 58-17 vote, with six no votes recorded.
Inland Empire electeds
Assemblymembers Gómez Reyes, James Ramos (D-Highland), Jose Medina (D-Riverside), Chris Holden (D-Pasadena), Freddie Rodriguez (D-Pomona), Sabrina Cervantes (D-Riverside) voted for the amendment.
Assemblymembers Kelly Seyarto (R-Murrieta), Thurston Smith (R-Hesperia) and Tom Lackey (R-Palmdale) voted against it.
Phillip Chen (R-Yorba Linda) did not vote.
SCA 10 passed the Senate June 20 with a 29-8 vote, with three no votes recorded.
Sens. Connie Leyva (D-Chino), Josh Newman (D-Fullerton) and Richard Roth (D-Riverside) voted for the amendment, and are listed among the bill’s 30 Senate co-authors.
Sen. Rosilicie Ochoa Bogh (R-Yucaipa) voted against the amendment.
The amendment would add Section 1.1 to Article 1 of the California Constitution:
“The state shall not deny or interfere with an 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. This section is intended to further the constitutional right to privacy guaranteed by Section 1, and the constitutional right to not be denied equal protection guaranteed by Section 7. Nothing herein narrows or limits the right to privacy or equal protection.”
Article 1 Section 1 of the California Constitution says that “(a)ll people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy.”
Legal background
The 1969 California Supreme Court case People v. Belous held that Californians’ right to privacy extended to a decision about whether to have an abortion, according to the analysis. This was the first time a right to abortion was upheld in a court.
The Reproductive Privacy Act amplifies that “(t)he state may not deny or interfere with a woman’s right to choose or obtain an abortion prior to viability of the fetus, or when the abortion is necessary to protect the life or health of the woman.”
Arguments
In their argument, the bill authors said the amendment would protect the right from attacks.
“The passage of this SCA will allow individuals and families to continue to have the freedom to determine what is best for them and their families, giving people the ability to plan their lives and make intimate reproductive decisions without the government interfering,” the bill’s authors said in the Senate Judiciary Committee report.
The Capitol Resource Institute argued against the amendment, claiming the constitutional right to life is harmed by abortion.
“Whether inside or outside of the womb, life is protected and defended by the California constitution,” the Institute wrote to the Senate. “Amending the constitution to codify the right to an abortion is contrary to all efforts to defend life in California. Whenever abortion takes place, an innocent life is taken. The media, legislators and the abortion lobby have sold women the lie that they need abortion to be independent and free. The reality of abortion is that it destroys: the life of the innocent baby and the life of the mother who then has to deal with the trauma of that procedure.”
