Note: As of November 6, 2024, 13 states have banned abortion (Alabama, Arkansas, Idaho, Indiana, Kentucky, Louisiana, Mississippi, Missouri, Oklahoma, South Dakota, Tennessee, Texas, and West Virginia). Private insurance includes both employer-sponsored insurance and individual off-exchange insurance.
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.
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.
In the November 2024 election, a record-breaking 10 US states featured ballot measures that would enshrine abortion rights, and in some cases other reproductive rights, in the state constitution, and one state also featured an anti-abortion measure.
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.
Individuals can obtain an abortion in California, regardless of their age, immigration status, or whether they live inside or outside the state.
The California Supreme Court has recognized a right to abortion and voters explicitly enshrined abortion protections in the state Constitution in 2022. State law protects abortion and shields patients and providers from laws in other states.
The Fourteenth Amendment only applies to actions by state governments (state actions), not private actions. Consider, for example, Obergefell, which involved the fundamental right to marry. Some state laws interfered with that right.
In California: You have the right to an abortion. You do not need to provide a reason for why you are seeking an abortion. You have the right to confidentiality.
A1: Although the Fourteenth Amendment does not contain the word “privacy” itself, nor does it appear in the rest of the Constitution, U.S. courts have long acknowledged an individual's right to privacy in home and family life. The Supreme Court first recognized a constitutional right to privacy in Griswold v.