Reproductive rights are under attack. Here’s how California can fight back | Opinion

Despite being a national and worldwide leader in reproductive rights and gender-affirming care, California must still strengthen its laws to guard against a wave of legislative and legal attacks from other states intent on rolling back freedoms that Californians should never take for granted.

Two legislative bills in particular, both from Senate President Pro Tem Toni Atkins, seek to continue California’s efforts to protect and enhance reproductive health care access and fight back against continued attacks at the national level. Now they are awaiting approval by the Appropriations Committee and then the full Senate, before passing under Gov. Gavin Newsom’s pen.

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They’re also part of a 2023 priority bill package from the California Legislative Women’s Caucus — 12 bills by caucus members and an additional 17 bills championing reproductive justice, supported by the partnership between the caucus and California’s Future of Abortion Council.

“I am astounded that we are where we are,” said Atkins. “Even during those decades of protection, there was always an effort to try to undo the ability of women to access abortion. It seems as though we have gone back in time, and that is so horrible to think about given how long we fought.”

Since the fall of Roe v Wade in 2022, more than a dozen U.S. states have banned abortion. Recently, Iowa’s state legislature banned most abortions in the state as early as six weeks into pregnancy, a time frame that happens before many people even know they’re pregnant. Just two weeks ago, a federal judge allowed a 12-week abortion ban in North Carolina, and this week, testimony begins in a class action suit by 13 women against the state of Texas, where they say new abortion laws “made it impossible for them to receive proper care while pregnant,” according to Dallas Magazine.

Atkins’ legislation, Senate Bills 487 and 385, build on Proposition 1. Passed overwhelmingly by California voters last fall and placed on the ballot with the help of Atkins, the proposition enshrines the right to abortion and contraception in the state Constitution.

SB 487 would guarantee that a national insurer or service plan cannot penalize a licensed California healthcare provider who performs abortion or gender-affirming care services that are legal in California. The bill would prohibit insurers from discriminating against a doctor who may have been sanctioned in another state.

In the past, any suspension of a doctor working in the federal Medicaid program would result in the automatic termination of that doctor from the Medi-Cal program. SB 487 would halt that process, but would not stop similar penalties from occurring if a provider commits acts that are illegal in California.

“Since the Dobbs’ decision last year … many providers have performed abortion services without hesitation, and some have even traveled to states where access is restricted to help those in need of care,” Atkins said in a statement to announce the bill. “SB 487 would shield our providers from sanctions so that there is no disruption in their ability to perform abortion care.”

Meanwhile, SB 385 would widen accessibility to abortion care services by applying certain training standards that would increase the number of qualified providers, thereby allowing more access to first-trimester abortions.

Other bills in the caucus’ priority package include AB 1481 by Assembly members Tasha Boerner, D-Encinitas, and Rebecca Bauer-Kahan, D-Orinda, which expands the presumptive eligibility from “pregnant women” to “pregnant people,” to ensure all patients can access abortion services regardless of their health coverage. This is important because it’s not just women who may need pregnancy or abortion services; transgender men and non-binary people can also become pregnant. AB 793 by Assemblymember Mia Bonta, D-Oakland, provides privacy protections for digital data related to patients accessing abortion services in California.

“The Legislature in California has a set of values that supports the ability to get access to care and provide care,” Atkins said. “We’re working on every front to do that.”

After the fall of Roe vs. Wade last year, Atkins said that “people are beginning to realize what is at stake.”

“I am just really proud to be in California, where our value set is to support full access to health care for a range of people,” Atkins said.

Atkins is absolutely correct. The rights and values that Californians enjoy are not safe and must be defended. Atkins’ bills, and those of others, attempt to do just that. The Senate should pass them to Newsom and he should sign them without delay.