Abortion has always been a controversial topic. Understanding medical jurisprudence and the associated right to privacy helps narrate the pragmatics behind abortion laws in different countries. In California, the state has always favoured the right to privacy in terms of the right to reproduction.
The Supreme Court of the USA in Roe vs Wade decided in favour of abortion rights in 1973 but this very pro-choice judgment was struck down in the recent pro-life decision of 2022 in Dobbs vs Jackson.
Which started the discussions and caused immense confusion in the USA, about abortion access, abortion clinic licenses, Health insurance that will cover abortions, the legal time frame for abortions and so on, as Dobss’s judgement gives federal states freedom regarding the termination of pregnancy laws.
History of abortion laws in California
/unsplash. Copyrights 2018
California’s Therapeutic Abortion Act of 1967 was enacted as a result of the “Sans Fransisco nine” case. It makes legal abortions of those who are raped, incest, or statutory raped of minors, as well as those performed because pregnancy would “gravely impair the physical or mental health” of the mother. Although it outlawed abortions after 20 weeks, the law was similar to those recently passed in Colorado and North Carolina.
Considering California’s 1967 legalization of abortion and Roe v. Wade’s 1973 enhancement of access, the state has periodically put sanctions on or greater accessibility beyond what is permitted by federal rules.
The precedent developed in Griswold set the stage for the most contentious abortion decision of the twentieth century, Roe v. Wade 1973. Mrs McCorvey alias Jane Roe brought a lawsuit against Henry Wade, the district attorney, and contested a Texas statute that prohibits abortion except if the life of the expectant mother is in danger.
She was separated from her spouse, twenty-one years old and also carrying her third child. She was made a victim of the law that barred abortions and was compelled to carry the pregnancy to term.
The legal issue in the case at the time the Apex Court heard her lawsuit was the dichotomy between the mother’s right to manage her body and the life of the child.
In a 1969 lawsuit, People v. Belous, the Supreme Court of California frequently affirmed a “right of privacy” and this right of the woman to select whether or not to carry children derives from this.
In Comm. to Defend Reprod. Rights v. Myers, 1981, the court invalidated prohibitions on Medicaid coverage for abortions and declared that, in compliance with the California Constitution’s privacy principle, all women have such a fundamental constitutional right to choose an abortion.
The Reproduction Freedom, Accountability, Comprehensive Care, and Transparency (FACT) Act of 2015, obligated California abortion clinics, in unlicensed women’s clinics to post a disclaimer that they were not certified medical facilities and authorised centres that provide reproductive health services to post a notice about contraception and abortion services.
In 2018 this act was ruled to be unconstitutional by the United States Supreme Court in the lawsuit by the National Institute of Family and Life Advocate v. Becerra.
In 2017, along with other states, the state of California also authorized practitioner nurses, midwives, and non-physicians who are qualified to perform medication abortion and first-trimester abortions. In 2018 states legalized laws that protect abortion rights.
In 2019, California became the first state to mandate that students attending public colleges have free access to abortion medication. Patients seeking abortions and medical professionals performing abortions are protected by several California laws that have been passed over time. And the restrictions were imposed up till the fetus’s viability.
The notoriously contentious case of Dobbs v. Jackson was ruled, overturning the decisions in Roe v. Wade and Planned Parenthood v. Casey and ruled that abortion rights are absent from the Bill of Rights.
In November 2022, the voters on the ballot passed Proposal 1 and made abortions legal in California.
The Prop 1
Proposal 1 will amend the constitution of California and ingress abortion rights and contraceptive access to women. Reproductive rights got 66.9% of support on the ballot. Reproductive Rights will become a constitutional right in California.
Medi-Cal is a health insurance program in California that covers low-income residents who are eligible. Abortions and contraceptives are just a few health cares that are reimbursed by these policies.
FAQ
Was abortion legal in California in 1971?
California had supported women’s reproductive freedom, and in 1967 turned abortions legal. In 1969 these rights were given constitutional sanction and became a part of the state constitution. Yes, it was legal in 1971 to access abortion in California.
Are abortions legal in California 2022?
Abortions are legal in California today. The state has decided to support the reproductive rights of women in the November ballot measure and with the vast majority of 66.9% votes in favouring of proposal 1.
What is the California abortion law’s time limit?
California abortion laws have restricted abortions until the fetus viability which compromises 24 to 26 weeks of pregnancy. Other than this the state has a very pragmatic approach to abortion rights.
Is abortion in California legal?
According to Proposal 1, the State of California will make abortion rights a constitutional right. and it is legal and a constitutional right to grant abortion to a pregnant woman.
The state has also forbidden the criminalization of any person or institute helping with abortions and providing contraceptives to prevent abortions.
California abortion laws how many weeks 2022?
In California, it is legal to abort the pregnancy up to the fetus’s viability. It will remain legal to abort the unborn child, which means the duration by which the fetus can not survive outside the womb. This will e between 24 to 26 weeks and up to 500 g in weight during pregnancy.
What is the new abortion law in California?
According to the new law in California regarding abortions, it is legal to access it in State itself. And the restrictions are up to fetus viability along with health insurance coverage, and proper license notice by licensed and non-licensed clinics for abortions.
Last Updated on December 18, 2022 by Soubhik
