14th Amendment With Abortion In Contra Costa
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No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
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.
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.
Abortion is legal in California, both for teens and adults. You have the right to get an abortion for any reason until approximately 6 months after you become pregnant. After that, if the pregnancy puts your health or life at risk you can still get an abortion.
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.
In 1973, the Supreme Court held that the Fifth Amendment's due process clause includes a right to privacy in Roe v. Wade – and that through this right of privacy, women have the right to choose to have an abortion.
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.
