In a historic moment for California, the State Assembly passed SCA 10, a pro-abortion and pro-contraceptive constitutional amendment, on Monday by a vote of 58-16.
The bill, co-authored by Senate President Pro Tempore Toni G. Atkins and Assembly Speaker Anthony Rendon, as well as co-written by a large coalition of Democratic lawmakers, successfully passed its final legislative requirement just three days after the U.S. Supreme Court issued an opinion overturning Roe v. Wade.
"Abortion is medical care and should be a private conversation between a patient and her health care provider," Atkins said.
"When politicians and judges force their way into that room, security disappears. Friday was a dark day. Today we provided a glimmer of hope by allowing voters to enshrine reproductive rights in our constitution, reflecting California values and protecting all who need abortion, contraception and other reproductive care in our state," he added.
Atkins and Rendon filed SCA 10 shortly after the draft opinion in Dobbs v. Jackson was leaked in May, indicating that the Court would likely issue a ruling that would reverse Roe v. Wade and undermine nearly five decades of precedent protecting abortion access.
"With the court punching holes in constitutional protections, our rights are in free fall," Rendón stressed. "SCA 10 is our opportunity to address the voters of California, who have strongly supported abortion rights, and allow them to enshrine this fundamental right in the California Constitution. I am proud to be its co-author."
SCA 10 passed both houses with a two-thirds majority vote, the only requirement to qualify for the November 2022 ballot, which does not need to be signed by the governor.
In November, voters will be able to decide whether it should become law, marking the first time California has given voters the opportunity to add abortion rights and contraception to the state constitution, and further cementing California's long-standing position as a national leader in reproductive rights.
In 1969, four years before Roe v. Wade, the California Supreme Court held that Californians have a fundamental constitutional right to procreative choice. Three years later, the state passed a constitutional amendment to explicitly establish the right to privacy.
These rulings complemented the U.S. Supreme Court's 1973 Roe v. Wade decision which held that the constitutional right to choose is vested in the U.S. Constitution.
SCA 10 is one component of a slate of legislation introduced this year to protect and expand reproductive rights in the "golden state," including a package of thirteen bills from the California Women's Legislative Caucus.
Two of those bills, SB 245, authored by Senator Lena Gonzalez and AB 1666, authored by Assemblywoman Rebecca Bauer-Kahan, have already become law.
In addition, the 2022 budget agreement between the Legislature and the Governor includes hundreds of millions in funding for reproductive health services; the final agreement will be voted on by the Legislature later this week.
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