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14th Amendment Agreement With Abortion In Contra Costa
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Multi-State
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Contra Costa
Control #:
US-000280
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The Fourteenth Amendment prohibits states from denying "the equal protection of the laws" to "any person." When the Amendment was adopted in 1868, the word "person" had a settled public meaning that included all human beings, including unborn children.
Fundamental right in the State Constitution of California. Individuals can obtain an abortion in California, regardless of their age, immigration status, or whether they live inside or outside the state.
Protection of Unborn Children - 18 U.S. Code § 1841. Under federal law, harming an unborn child (in utero) during the commission of certain other crimes carries the same penalty as if you had committed the crime directly against the mother—and is charged as a separate offense. This law is embodied in Title 18 U.S.C.
In 2018, the Supreme Court ruled that the fetus' only inherent constitutionally protected right is the right to be born, overturning a High Court ruling that a fetus additionally possessed the children's rights guaranteed by Article 42A of the Constitution.
As an effect of the unanimity of the states in holding unborn children to be persons under criminal, tort, and property law, the text of the Equal Protection Clause of the Fourteenth Amendment compels federal protection of unborn persons.
State law protects the right to personal reproductive decisions. In November 2022, Californians approved Prop 1, which explicitly adds abortion and contraception rights to the state constitution. CAL. HEALTH & SAFETY CODE § 123468.
The ballot measure was approved by 66.25% of voters. “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.
Legal Status: California abortion law does not impose residency requirements for individuals seeking abortion services. This means that out-of-state residents can legally obtain a surgical or medical abortion in California.
The state's highest court recognized abortion rights under the California Constitution in 1969, four years before Roe. State law protects the right to personal reproductive decisions. In November 2022, Californians approved Prop 1, which explicitly adds abortion and contraception rights to the state constitution.
Individuals can obtain an abortion in California, regardless of their age, immigration status, or whether they live inside or outside the state.