Restrictions

California law generally prohibits abortion at viability.^[1]CAL. HEALTH & SAFETY CODE § 123468.

State Protections

California has enshrined in statute a protection for abortion as a fundamental right.^[2]CAL. HEALTH & SAFETY CODE § 123462, CAL. HEALTH & SAFETY CODE § 123466. The law provides:

The legislature finds and declares that every individual possesses a fundamental right of privacy with respect to personal reproductive decisions. Accordingly, it is the public policy of the State of California that: (a) Every individual has the fundamental right to choose or refuse birth control. (b) Every woman has the fundamental right to choose to bear a child or to choose and to obtain an abortion, except as specifically limited by this article. (c) The state shall not deny or interfere with a woman’s fundamental right to choose to bear a child or to choose to obtain an abortion, except as specifically permitted by this article.^[3]CAL. HEALTH & SAFETY CODE § 123462.

Furthermore, California has strong state constitutional protections for the right to abortion. California recognized the existence of the right of procreative choice under the state constitution four years before the U.S. Supreme Court issued the Roe decision.^[4]People v. Belous, 458 P.2d 194, 199 (Cal. 1969) (“[t]he fundamental right of the woman to choose whether to bear children follows from the Supreme Court’s and this court’s repeated … Continue reading The state constitution includes an explicit protection for privacy and this provision has been interpreted as protecting the right to abortion.^[5]CAL. CONST. Art. I, § 1 (Added 1974); Comm. to Defend Reprod. Rights v. Myers, 625 P.2d 779 (Cal. 1981) (striking down limits on Medicaid coverage for abortions, finding that all women possess a … Continue reading Additionally, in November 2022, voters approved an amendment to the state constitution, which specifies that the constitution protects the fundamental right to choose abortion and to choose or refuse contraception.^[6]A res. to propose to the people of the State of Cal. an amend. to the Const. of the State, by adding Section 1.1 to Article I thereof, relating to fundamental rights, Sen. Const. Amend. No. 10, 2022, … Continue reading

California authorizes certain advance practice clinicians (APCs) to provide medication or aspiration abortion care during the first trimester.^[7]CAL. BUS. & PROF. CODE § 2253 (b). California also provides public funding for abortion^[8](154)(154) Committee to Defend Reprod. Rights v. Myers, 29 Cal. 3d 252, 625 P.2d 779 (Cal. 1981). and requires private insurance coverage of abortion.^[9]Michelle Rouillard, Director of Department of Managed Health Care letter to Mark Morgan, California President of Anthem Blue Cross, RE: Limitations or Exclusions of Abortion Services. August 22, … Continue reading The state protects clinic safety and access by prohibiting the obstruction of health-care facilities.^[10]CAL. CIV. CODE § 3427.1. The state prohibits anti-abortion center from providing ultrasounds. ^[11]A.B. 1720, 2023 Leg., Reg. Sess. (Cal. 2023) to be codified at Cal. Health & Safety Code § 123621.

In 2022, California enacted interstate shield laws protecting providers, patients, and people who help others access abortion from out-of-state civil investigations, legal actions, and civil judgments.^[12]A.B. 1666, 2022 Leg., Reg. Sess. (Cal. 2022) codified at Cal. Health & Safety Code § 123467.5. Another 2022 interstate shield law prohibits police from arresting people aiding or obtaining abortions in California and from cooperating with law enforcement in other states regarding abortions that are lawful in California.^[13]A.B. 1242, 2022 Leg., Reg. Sess. (Cal. 2022); S.B. 345, 2023 Leg., Reg. Sess. (Cal. 2023) to be codified at Cal. Penal Code § 847.5 (prohibiting the issuing of warrants for the provision of … Continue reading In 2023, the state enacted interstate shield laws to protect providers from licensure consequences,^[14]A.B. 1707/S.B. 345, 2023 Leg., Reg. Sess. (Cal. 2023) to be codified at Cal. Bus. & Prof. Code § 850.1. insurance and Medicaid consequences,^[15]S.B. 487, 2023 Leg., Reg. Sess. (Cal. 2023) to be codified at Cal. Health & Safety Code § 1375.61, Cal. Welf. & Inst. Code § 14043.6. professional liability insurance consequences, ^[16]S.B. 345, 2023 Leg., Reg. Sess. (Cal. 2023) to be codified at Cal. Civ. Code § 1798.300. create choice of law provisions, ^[17]S.B. 345, 2023 Leg., Reg. Sess. (Cal. 2023) to be codified at Cal. Civ. Code § 1798.300. and provide for clawback suits.^[18]S.B. 345, 2023 Leg., Reg. Sess. (Cal. 2023) to be codified at Cal. Civ. Code § 1798.300. State law prohibits a person from being subject to criminal or civil liability related to pregnancy outcomes, including miscarriages, stillbirths, and abortions.^[19]A.B. 2223, 2022 Leg., Reg. Sess. (Cal. 2022); S.B. 345, 2023 Leg., Reg. Sess. (Cal. 2023) to be codified at Cal. Penal Code § 187. The state also enacted data privacy provisions to prohibit data collection^[20] S.B. 345, 2023 Leg., Reg. Sess. (Cal. 2023) to be codified at Cal. Civ. Code § 1798.99.90. and require enhanced security for medical data.^[21]A.B. 352, 2023 Leg., Reg. Sess. (Cal. 2023) to be codified at Cal. Civ. Code § 56.101; A.B. 254, 2023 Leg., Reg. Sess. (Cal. 2023) to be codified at Cal. Civ. Code § 56.05.

California created an Abortion Practical Support Fund that would provide financial and in-kind assistance to people seeking to obtain an abortion in California, and appropriated $20 million for the fund.^[22]A.B. 179, 2022 Leg., Reg. Sess. (Cal. 2022). In order to expand abortion access in Los Angeles, the state appropriated $20,000,000 to establish the Los Angeles County Abortion Access Safe Haven Pilot Program.^[23]A.B. 100, 2023 Leg., Reg. Sess. (Cal. 2023).

Post-Roe Prohibitions

California does not have a pre-Roe ban, as the state legalized some abortions before Roe was decided.^[24]Therapeutic Abortion Act, CAL. HEALTH & SAFETY CODE § 25950 et seq. (West Supp. 1971).

Conclusion

Now that the Supreme Court has overturned Roe, abortion will remain legal 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.