1 STAFF REPORT
DATE: September 27, 2022
TO: Justin Hess, City Manager
FROM: Judie Wilke, Assistant City Manager
By: Viviana Garzon, Administrative Analyst II
SUBJECT: Request to Consider Writing a Letter of Support for Proposition 1, a California Ballot Proposition and State Constitutional Amendment for the Right to Reproductive Freedom
RECOMMENDATION
The City Council could note and file the report, direct staff to come back for a second step, or in the interest of time due to the impending election in November , forgo the customary second step in the additional agenda item process and direct staff to pr epare and send a letter signed by all five Council Members to the main supporters of Proposition 1: Governor Gavin Newsom, Senate President pro Tempore Toni G. Atkins and Assembly Speaker Anthony Rendon.
BACKGROUND
At the May 3, 2022 City Council meeting, Council Member Schultz requested staff to bring back a first step report for Council consideration of writing a letter to support Proposition 1, a California Ballot Proposition and amendment to the California Constitution regarding the right to reproductive freedom.
DISCUSSION
According to the Legislative Analys t’s Office (Attachment 1) , “In the past, the U.S.
Supreme Court found that the U.S. Constitution generally protected the right to abortion.
As a result, states had limited ability to place restrictions on abortions. However, in June 2022, the U.S. Supreme Court decided that the U.S. Constitution does not protect the right to abortion. As such, states now have more flexibility to decide whether to allow, limit or ban abortions.”
CITY MANAGER’S
OFFICE
2 Shortly after this Supreme Court decision, Senate Constitutional Amendment No. 10 (Attachment 2) was jointly authored by Senate President pro tempore Toni G. Atkins and Assembly Speaker Anthony Rendon. It was adopted with a two-thirds majority vote by the Senate on June 20, 2022 and the Assembly on June 27, 2022. T he proposed amendment (Proposition 1) to the State of California Constitution would read as follows:
Section 1.1. 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. This section is intended to further the constitutional right to pri vacy guaranteed by Section 1, and the constitutional right to not be denied equal protection guar anteed by Section 7. Nothin g herein narrows or limits the right to privacy or equal protection.
FISCAL IMPACT
There is no fiscal impact associated with this report.
CONCLUSION
With the Supreme Court action in June 2022, states now have more flexibility to decide whether to allow, limit or ban abortions. This proposed amendment (Proposition 1) to the California Constitution providing for reproductive freedom, will be voted on by the California electorate at the November 8, 2022 election.
ATTACHMENT
Attachment 1 – Legislative Analyst’s Office – Analysis of Proposition 1 Attachment 2 – Senate Constitutional Amendment No. 10