HomeMy WebLinkAboutItem 5g. Resolution in Support of Reproductive Freedom Item 5g
Department: Administration
Cost Center: 1001
For Agenda of: 7/5/2022
Placement: Consent
Estimated Time: N/A
FROM: Derek Johnson, City Manager
Prepared By: Hans Poschman, Assistant to the City Manager
SUBJECT: RESOLUTION IN SUPPORT OF REPRODUCTIVE FREEDOM
RECOMMENDATION
Consider adoption of Resolution entitled, “A Resolution of the City Council of the City of
San Luis Obispo, California, affirming support of reproductive freedom.”
POLICY CONTEXT
The resolution is consistent with the City’s Major City Goal of Diversity, Equity, and
Inclusion as laws limiting reproductive freedom disproportionately impact low-income
women, survivors of sexual assault the trans and nonbinary community, Black, Latinx,
Indigenous and other people of color. A majority of Council Members requested to staff
that this item be placed on the agenda.
DISCUSSION
Background
On January 22, 1973, the U.S. Supreme Court announced its decision in Roe v. Wade
(410 U.S. 959), a constitutional challenge to a Texas statute that criminalized the
termination of a pregnancy unless a woman’s life was at stake. The case had been filed
by “Jane Roe,” an unmarried woman who wanted to end her pregnancy safely and legally.
Finding that Ms. Jane Roe’s constitutional rights had been violated, the court struck down
the Texas law. In that landmark decision, the court recognized the constitutional right to
privacy “…is broad enough to encompass a woman’s decision whether or not to terminate
her pregnancy.” (Roe v. Wade (1973) 410 U.S. 113, 153.)
Roe v. Wade has come to be known as the case that affirmed the constitutional right
across the nation for a woman to choose an abortion and have control over her own body.
At the time the decision was handed down, many states outlawed abortion. Roe v. Wade
rendered these laws unconstitutional, making reproductive health services safer and
more accessible to women and persons who could become pregnant throughout the
country.
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Item 5g
On June 24, 2022, the Supreme Court overruled Roe in Dobbs v. Jackson Women's
Health Organization on the grounds that “the Constitution makes no reference to abortion,
and no such right is implicitly protected by any constitutional provision.” It is expected that
more than half the states in the United States could pass laws that would preclude a
woman’s right to choose whether to have an abortion or not.
Under California law, the rights of women and/or a pregnant person to make their own
reproductive choices are protected in the California Constitution’s based on the right to
privacy. On June 27, 2022, the California Legislature passed Senate Constitutional
Amendment 10 (SCA 10) that will place on the ballot a proposition to add specific
language to the California Constitution ensuring reproductive freedom.
Public Engagement
This item is scheduled for the July 5, 2022 City Council meeting and will follow all required
postings and notifications. The public may provide comment on this item at or before the
meeting.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act d oes not apply to the recommended action in
this report, because the action does not constitute a “Project” under CEQA Guidelines
Sec. 15378.
FISCAL IMPACT
Budgeted: No Budget Year: 2021-22
Funding Identified: No
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund N/A $ $ $
State
Federal
Fees
Other:
Total $ $ $ $
Because no additional staff work is anticipated as a result of this resolution, no new fiscal
impact will be incurred.
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Item 5g
ALTERNATIVES
The Council choose to not adopt a resolution regarding reproductive rights.
ATTACHMENTS
A - Draft Resolution in Support of Reproductive Freedom
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R ______
RESOLUTION NO. _______ (2022 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AFFIRMING SUPPORT OF REPRODUCTIVE
FREEDOM
WHEREAS, in 1973, the United States Supreme Court's decision in Roe v. Wade
ruled that the United States Constitution protects a pregnant person's reproductive
choices and liberties, namely the right to an abortion; and
WHEREAS, on June 24, 2022, the United States Supreme Court in Dobbs v.
Jackson Women’s Health Clinic overturned Roe v. Wade, holding there is no federal
Constitutional right for a pregnant person to have an abortion; and
WHEREAS, Dobbs expressly calls into question other substantive due process
rights protecting the right to privacy and bodily autonomy; and
WHEREAS, overturning Roe will greatly impact marginalized groups who already
face barriers accessing reproductive healthcare services, particularly low-income women
and women of color, causing further inequity; and; and
WHEREAS, in a recent survey of abortion patients, 49% are living below the
federal poverty line, 59% already have children, and 55% are experiencing a disruptive
life event; and
WHEREAS, women with access to reproductive health services are more likely to
finish college, pursue higher education, participate for a longer period in the labor force,
achieve higher-paying occupations, and are much less likely to fall into poverty and
receiving public assistance later in life; and
WHEREAS, a woman’s and/or any pregnant person’s ability to freely access
reproductive health care is essential to ensuring the lives, rights, health and equality of
all people and society are protected; and
WHEREAS, in the past 54 years since the state of California protected a pregnant
person’s right to choose under law, the people of San Luis Obispo and the State of
California have been able to freely and without fear of legal recourse exercise their
reproductive freedoms; and
WHEREAS, as a result of the Supreme Court overturning Roe v. Wade, effectively
ending federal constitutional protection of a woman’s and/or pregnant person’s right to
choose their path towards reproductive health, as many as 26 states may move to ban
reproductive choice in its entirety; and
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Resolution No. _______ (2022 Series) Page 2
R _____
WHEREAS, prohibitions on the right to exercise reproductive freedoms are
harmful to the public health and safety of all people, and are contrary to the values of
equity and justice that the people of the City of San Luis Obispo and the Constitution of
the State of California seek to uphold; and
WHEREAS, passage of these laws disproportionately impact low-income women,
survivors of sexual assault, the trans and nonbinary community, Black, Latinx, Indigenous
and other people of color; and
WHEREAS, the City of San Luis Obispo will continue to uphold everyone’s right to
equality and liberty by protecting their reproductive freedoms, and their access to health
services, welcoming anyone to San Luis Obispo to fully exercise their full reproductive
rights; and
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Resolution No. _______ (2022 Series) Page 2
R _____
NOW, THEREFORE, BE IT RESOLVED that the City affirms its commitment to
the human rights afforded to all women and persons who can become pregnant ,
regardless of socioeconomic, ethnic, racial, cultural or religious background, age or
sexual orientation and to opposing any laws or regulations that pose a threat to
reproductive freedom, reproductive rights and equitable access to reproductive health
services, sexual freedom and/or self -determination.
BE IT FURTHER RESOLVED that the City supports efforts to add a person’s right
to choose in the California and United States Constitutions.
Upon motion of __________________, seconded by ___________________, and
on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of ____________________ 2022.
__________________________
Mayor Erica A. Stewart
ATTEST:
___________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
____________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on ______________________.
__________________________
Teresa Purrington
City Clerk
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