Today, the Supreme Court released its final opinion in Dobbs v. Jackson Women’s Health Organization, overturning Roe v. Wade and Planned Parenthood v. Casey and eliminating the federal constitutional right to abortion in the United States.
Deeply disappointing, this opinion does not come as a surprise following the leak of a draft of the decision in May. As abortion clinics across the country have closed or are about to close due to today’s decision, the California Women’s Law Center stands with our supporters and allies who are feeling outrage and despair in the cruelty and callousness of this decision, and that we remain committed to protecting a woman’s right to accessible, full-spectrum reproductive health care, including safe and legal abortions.
“After today, young women will come of age with fewer rights than their mothers and grandmothers had. The majority accomplishes that result without so much as considering how women have relied on the right to choose or what it means to take that right away.”
– Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan
While the Dobbs decision states it should not be understood to cast doubt on precedents that do not concern abortion, overturning Roe and Casey could subsequently affect other aspects of reproductive health care, such as access to contraception, and may destabilize other rights to personal autonomy that depend on the same notion of a right to privacy. Indeed, Justice Thomas’s concurrent opinion explicitly states that the legal reasoning in Dobbs should be applied in future cases to reconsider all of the Court’s substantive due process precedents. Justice Thomas specifically named Griswold v. Connecticut (the right to contraception for married couples), Lawrence v. Texas (the right for adults to engage in same-sex sexual relationships), and Obergefell v. Hodges (the right to marry someone of the same sex) as precedent that the Court should reconsider going forward. Unfortunately, today’s decision likely reinforces the attack on personal rights grounded in privacy that could continue unabated in courtrooms and state legislatures.
At CWLC, we recognize this decision will disproportionately burden low-income communities, people of color, members of the LGBTQ community and many others. Even prior to today’s decision, access to abortion and health care has not been equitable for all Americans. Many states have passed hundreds of unnecessary abortion restrictions in the past several years which have disproportionately harmed Black, Indigenous, and other people of color, as well as young people, LQBTQ+ individuals, and low-income communities. Ensuring that everyone has access to reproductive healthcare, including abortion, is a crucial part of the fight for racial and economic justice.
“With sorrow—for this Court, but more, for the many millions of American women who have today lost a fundamental constitutional protection—we dissent.”
– Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan
Thankfully, California state law protects the right to abortion. You can learn more here about receiving abortion-related care in California, including insurance coverage, confidentiality requirements, as well as the rights of minors, employees, and those in jails, prisons, and immigration detention centers. To understand California’s state laws regarding abortion, click here. The Guttmacher Institute has tracked and identified major legislative developments in sexual and reproductive health, and have created a fact sheet that breaks down abortion incidence in California and where patients can obtain abortions in our state.
In addition to these existing safeguards, CWLC has supported numerous policy efforts this legislative session to strengthen and expand access to reproductive healthcare. These efforts have sought to increase equitable access to reproductive health care, address structural issues in the health care system, remedy gaps in insurance coverage for reproductive health care, and support and fund the essential work of reproductive health care providers. You can review all of the bills we have supported during the current legislative session here, many of which are based on recommendations by the California Future of Abortion Council.
Of the bills presently moving through the California legislature, two are particularly important in securing safe, accessible care in the Golden State and deserve to be highlighted:
Senate Concurrent Amendment 10 (SCA 10): This measure would amend the California Constitution to prohibit the state from denying or interfering 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. On June 20, 2022, the California Senate passed SCA 10. If two-thirds of state Assemblymembers approve SCA 10 by June 30, the matter will go before California voters in November. Read our support letter for SCA 10 here.
Assembly Bill 1666 (AB 1666): This bill would protect abortion providers and patients from bans, lawsuits and penalties in other states. The state Senate passed the bill yesterday and it is now awaiting Governor Newsom’s signature. Once signed, the bill will immediately go into effect. Read our support letter for AB 1666 here.
Now more than ever, it is essential that California upholds our commitment to our citizens’ equality under the law regardless of sex, which underlies the fundamental right of all to exercise decisions about their health care, including the choice to have an abortion. In anticipation of an assault on reproductive rights and further erosion of gender equity at the federal level, CWLC and the Feminist Majority took proactive legislative steps as co-sponsors of Senate Concurrent Resolution 92 (SCR 92) which requires the California Law Revision Commission to thoroughly review California law in order to identify and remedy any discrimination on the basis of sex. SCR 92 passed the California Senate Floor yesterday, and will now be considered in the Assembly. Read our support letter for SCR 92 here.
In addition, this year CWLC has hosted a number of panel discussions through our “Confronting American Health Disparities” with the UC Irvine Center for Biotechnology & Global Health Policy and Ms. Magazine to amplify critical health disparities facing women and LGBTQ communities. You can watch the second event in the series which focused on abortion access here, and check back for more information about additional events in the series addressing the reproductive and health care needs of women and girls.
In Dobbs, the Court says it is returning the issue of abortion to the people, and their elected representatives. So what can you do? Vote. Californians have these voter rights, and you can register to vote here. Electing candidates who will champion reproductive justice is imperative to securing the legislative measures we need. Do your part to ensure California continues to be a safe haven for reproductive rights by making your voice heard in these upcoming elections.
Rest assured, CWLC remains steadfast in our advocacy for women’s health and reproductive rights, including access to safe and legal abortion. We appreciate our allies and collaborators in these efforts and stand ready to work with you to do all we can to provide safe, accessible spaces for anyone seeking to exercise their right to contraception and abortion.