Abortion amendment moving quickly in California legislature

Jun 14, 2022, 5:13 AM | Updated: 6:07 pm
State Sen. Scott Wiener, D-San Francisco, speaks in support of proposed amendment to the state cons...

State Sen. Scott Wiener, D-San Francisco, speaks in support of proposed amendment to the state constitution that would protect the right to an abortion and contraceptives during a hearing on the measure in Sacramento, Calif., Tuesday, June 14, 2022. The bill was approved by two legislative committees. It must get a two-thirds vote in the state Assembly and Senate before June 30 to qualify for the November ballot. (AP Photo/Rich Pedroncelli)

(AP Photo/Rich Pedroncelli)

              State Sen. President Pro Tempore Toni Atkins, right, displays a copy of her proposed amendment to the state constitution that would protect the right to an abortion and contraceptives during a hearing on the measure in Sacramento, Calif., Tuesday, June 14, 2022. The bill was approved by two legislative committees. It must get a two-thirds vote in the state Assembly and Senate before June 30 to qualify for the November ballot. (AP Photo/Rich Pedroncelli)
            
              State Sen. Scott Wiener, D-San Francisco, speaks in support of proposed amendment to the state constitution that would protect the right to an abortion and contraceptives during a hearing on the measure in Sacramento, Calif., Tuesday, June 14, 2022. The bill was approved by two legislative committees. It must get a two-thirds vote in the state Assembly and Senate before June 30 to qualify for the November ballot. (AP Photo/Rich Pedroncelli)

SACRAMENTO, Calif. (AP) — Fearing the U.S. Supreme Court will soon overturn Roe v. Wade, California Democrats on Tuesday moved quickly to ensure the state’s progressive voters have a chance this fall to make abortion a constitutional right in the nation’s most populous state.

A proposed amendment to the California Constitution that would explicitly ban the state from denying or interfering with abortions or contraceptives cleared two legislative committees in a single day on Tuesday, an unusually fast pace for a Legislature that many times takes two years to move a bill through its arduous process.

Lawmakers are moving so fast because they need voters to approve the amendment before it can become law. The soonest voters could do that is November, but for that to happen the amendment must clear the state Legislature by a two-thirds vote before the end of the month.

If it does make it to the ballot this year, it has a good chance of passing. Among likely voters, 76% oppose overturning Roe v. Wade, according to an April survey by the Public Policy Institute of California.

“California needs to act now — this year, not next year, now — to make crystal clear that we value reproductive choice,” said Sen. Scott Wiener, a Democrat from San Francisco who voted for the amendment Tuesday.

The amendment says the state “shall not deny or interfere” with people’s “fundamental right to choose” to have abortions. Opponents warned that wording was so broad that it would permit abortions even after the viability of a fetus, which California currently only allows if the life or health of the mother is in danger.

“This constitutional amendment as written will legalize and protect abortion up to the point just prior to delivery,” said Kathleen Domingo, executive director of the California Catholic Conference. “It is distressing that so many California legislators would sign their names to legislation that allows the taking of a human life moments before birth.”

Voters in Vermont will consider an amendment to their state constitution this November that would protect “personal reproductive autonomy.” But the amendment does not include the word “abortion” and makes an exception “justified by a compelling State interest achieved by the least restrictive means.”

State constitutions in Alabama, Louisiana, Tennessee, and West Virginia declare abortion is not a protected right. Meanwhile, 16 states and Washington, D.C., have at least some abortion protections codified in law, including California, according to the Guttmacher Institute, an abortion rights group.

California already has some of the most expansive abortion laws in the country. The state uses tax dollars to pay for abortions of people on its Medicaid program, requires private insurance companies to cover the procedures without charging a co-pay or a deductible, and allows minors to get abortions without their parent’s permission.

Those things are possible because, in 1972, California voters added a right to privacy to the state constitution. State courts have cited that right to privacy while upholding many of the state’s abortion laws. Roe v. Wade, the U.S. Supreme Court’s landmark 1973 decision that prevents states from banning all abortions, was based on the U.S. Constitution’s implied right to privacy.

But a draft ruling from the U.S. Supreme Court earlier this year showed a majority of justices had voted to overturn Roe v. Wade, ruling that a right to privacy does not guarantee access to abortion. That opinion is not official yet because it hasn’t been published, but it shows how the court might rule on the issue this month.

Now, California Gov. Gavin Newsom and the Democrats in charge of the state Legislature are worried their state constitution’s right to privacy might not be enough to protect abortion in the future should the political winds change and usher in new leadership in the state.

“I want to know for sure that that right is protected,” said Senate President Pro Tempore Toni Atkins, a Democrat from San Diego. “We are protecting ourselves from future courts and future politicians.”

The amendment is one of 14 proposals moving through the California Legislature this year to strengthen and expand access to abortion. Anti-abortion advocates have tried in vain to slow them down, with hundreds rallying outside the state Capitol and flooding the phone lines during public comment periods of legislative hearings.

Copyright © The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

AP

FILE - The overdose-reversal drug Narcan is displayed during training for employees of the Public H...
Associated Press

FDA approves over-the-counter Narcan; here’s what it means

The U.S. Food and Drug Administration on Wednesday approved selling naloxone without a prescription, the first over-the-counter opioid treatment.
10 hours ago
FILE - A Seattle police officer walks past tents used by people experiencing homelessness, March 11...
Associated Press

Seattle, feds seek to end most oversight of city’s police

  SEATTLE (AP) — The U.S. Justice Department and Seattle officials asked a judge Tuesday to end most federal oversight of the city’s police department, saying its sustained, decade-long reform efforts are a model for other cities whose law enforcement agencies face federal civil rights investigations. Seattle has overhauled virtually all aspects of its police […]
1 day ago
budgets...
Associated Press

Washington moves to end child sex abuse lawsuit time limits

People who were sexually abused as children in Washington state may soon be able to bring lawsuits against the state, schools or other institutions for failing to stop the abuse, no matter when it happened.
1 day ago
Three children and three adults were killed in a shooting at a private Christian grade school in Na...
Associated Press

Nashville shooter who killed 6 drew maps, surveilled school

Three children were killed in a shooting at a private Christian grade school in Nashville on Monday, hospital officials said.
2 days ago
(Photo from KIRO 7)...
Associated Press

Police: passenger pulled jet’s emergency slide before LAX to SEA flight

A passenger on a Delta Air Lines flight out of Los Angeles International Airport was detained for triggering the plane’s emergency slide prior to takeoff, authorities said.
2 days ago
Law enforcement officials work at the scene along Wooding Road on Wednesday, March 22, 2023, east o...
Associated Press

Why murder defendant was free before killings in Washington

Kirkland Warren was out on bail pending a long-delayed murder trial in Arkansas. But when he was arrested in Washington, he posted bond and was released.
2 days ago

Sponsored Articles

Emergency Preparedness...

Prepare for the next disaster at the Emergency Preparedness Conference

Being prepared before the next emergency arrives is key to preserving businesses and organizations of many kinds.
SHIBA volunteer...

Volunteer to help people understand their Medicare options!

If you’re retired or getting ready to retire and looking for new ways to stay active, becoming a SHIBA volunteer could be for you!
safety from crime...

As crime increases, our safety measures must too

It's easy to be accused of fearmongering regarding crime, but Seattle residents might have good reason to be concerned for their safety.
Comcast Ready for Business Fund...
Ilona Lohrey | President and CEO, GSBA

GSBA is closing the disparity gap with Ready for Business Fund

GSBA, Comcast, and other partners are working to address disparities in access to financial resources with the Ready for Business fund.
SHIBA WA...

Medicare open enrollment is here and SHIBA can help!

The SHIBA program – part of the Office of the Insurance Commissioner – is ready to help with your Medicare open enrollment decisions.
Lake Washington Windows...

Choosing Best Windows for Your Home

Lake Washington Windows and Doors is a local window dealer offering the exclusive Leak Armor installation.
Abortion amendment moving quickly in California legislature