The central decisions in Roe were (1) that the due process clause is a repository of substantive rights not specifically enumerated in the Constitution but deemed worthy of protection by a majority of the Court, and (2) that the freedom to terminate a pregnancy during the first three months is one of those rights.
The landmark 1973 decision of Roe v. Wade read reproductive rights into the Ninth Amendment and the Due Process Clause of the Fourteenth Amendment as an extension of the right to privacy. The Court struck down a Texas ban on abortion outside situations in which the life of the mother was at stake.
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 Supreme Court, however, beginning as early as 1923 and continuing through its recent decisions, has broadly read the "liberty" guarantee of the Fourteenth Amendment to guarantee a fairly broad right of privacy that has come to encompass decisions about child rearing, procreation, marriage, and termination of ...
California Proposition 1, the Right to Reproductive Freedom Amendment, was placed on the ballot in California as a legislatively referred constitutional amendment on November 8, 2022. The ballot measure was approved by 66.25% of voters.
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.
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.
The RHA gives each person a fundamental right to make individual decisions about their own reproductive health. This includes the fundamental right to use or refuse reproductive health care, including contraception (i.e. birth control), sterilization, abortion, birthing decisions, and maternity care.
Illinois continues to lead nationally by expanding civil rights protections based on reproductive health decisions. Public Act 103-0785 prohibits discrimination on the basis of reproductive health decisions in employment, housing, financial credit, and public accommodations.
Provides that no person shall be arrested or extradited for acts committed or services received in this State involving gender-affirming care, as defined by the World Health Organization, or for any other lawful health care as defined in the Lawful Health Care Activity Act.