BILL ANALYSIS
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THIRD READING
Bill No: AJR 3
Author: Cohn (D), et al
Amended: 1/24/05 in Assembly
Vote: 21
SENATE JUDICIARY COMMITTEE : 4-2, 6/7/05
AYES: Dunn, Cedillo, Figueroa, Kuehl
NOES: Morrow, Ackerman
NO VOTE RECORDED: Escutia
ASSEMBLY FLOOR : 47-26, 01/24/05 - See last page for vote
SUBJECT : Reproductive rights: Roe v. Wade
SOURCE : Author
DIGEST : This resolution memorializes the Congress and
the President of the United States to stand firm in their
resolve to uphold the intent and substance of the 32-year
old United States Supreme Court decision in Roe v. Wade
(1973) 410 U.S. 113. This resolution makes various
statements regarding the effect of Roe v. Wade on women's
ability to exercise their full rights under federal and
state law.
ANALYSIS : This resolution makes various statements
related to Roe v. Wade and its significant effect on the
reproductive rights of women.
This resolution states that the United States Supreme
CONTINUED
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Court's decision in Roe v. Wade , guaranteeing women
reproductive rights, is an occasion deserving of
celebration and special public commendation.
This resolution states that women's ability to control
their reproductive lives has facilitated their equal
participation in the economic and social life of the nation
and that the state should not interfere with a woman's
decision to either bear a child or terminate a pregnancy
through a safe and legal abortion.
This resolution states that during the first half of the
20th century, illegal abortions accounted for about 50
percent of all maternal deaths, that Roe v. Wade has
significantly reduced the mortality rate for women
terminating their pregnancies, and that Roe v. Wade
continues to protect the health and freedom of women
throughout the United States.
This resolution then memorializes the Congress and the
President of the United States to protect and uphold the
intent and substance of the Roe v. Wade decision.
Background
In 1973, the United States Supreme Court held in Roe v.
Wade, (1973)
410 U.S. 113, that the constitutional right to privacy
extends to a woman's decision whether to terminate a
pregnancy, while acknowledging that some state regulation
was permissible. The plaintiff in the case was "Jane Roe,"
an unmarried woman who wanted to end her pregnancy under
safe and clinical conditions but was unable to get a
"legal" abortion in Texas because her life was not
threatened by the continuation of the pregnancy. Unable to
afford travel to another state to obtain an abortion, she
challenged the statute making it a crime to perform an
abortion unless a woman's life was at stake. She also
claimed that the Texas law abridged her right of personal
privacy. The court struck down the Texas law, finding for
the first time that the constitutional right to privacy is
"broad enough to encompass a woman's decision whether or
not to terminate her pregnancy."
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Roe v. Wade has been one of the most debated decisions of
the Supreme Court, and its application and continued
validity has been frequently challenged in the courts. For
example, in 1992, the court reaffirmed Roe v. Wade in the
case of Planned Parenthood of Southeastern Pennsylvania v.
Casey , (1992) 505 U.S. 833, while also restricting
protections under Roe . Casey permitted the state to
impose restrictions on abortion as long as those
restrictions do not "unduly burden" a woman's right to
choose, and upheld a statute that it had previously found
to violate the right to privacy.
Previous Legislation
AJR 57 (Jackson), Resolution Chapter 50, Statutes of 2004,
passed the Senate with a vote of 23-13 on 4/22/04.
Identical to AJR 3.
AJR 2 (Jackson), Resolution Chapter 63, Statutes of 2003,
passed the Senate with a vote of 22-13 on 6/16/03.
Identical to AJR 3.
FISCAL EFFECT : Fiscal Com.: No
SUPPORT : (Verified 6/8/05)
Attorney General
Planned Parenthood Affiliates of California, Inc.
California Commission on the Status of Women
Lambda Letters Project
Ministry in Action Commission
OPPOSITION : (Verified 6/8/05)
Concerned Women for America
Responsible Citizens, Inc.
ARGUMENTS IN SUPPORT : The author states:
"As the judges on the Supreme Court retire, Roe v. Wade
is in danger of being overturned. Many are concerned
if more than one Justice steps down, Roe itself could
be overruled. Much depends on the President, who is
vocally anti-choice, and would appoint the replacement
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should a Justice step down. AJR 3 encourages the
Congress and the President to protect and uphold the
intent and substance of the Roe v. Wade decision."
ARGUMENTS IN OPPOSITION : Concerned Women for America
(CWA) opposes this resolution because it uses the word
"celebration" when describing the occasion of the 32-year
old decision in Roe v. Wade states:
"Although radical feminists may enjoy the fact that the
courts narrowly support a woman's right to choose, CWA,
representing half-a-million U.S. citizens, including
more than 35,000 members in the state of California,
strongly believes that abortion is a tragedy that
should never be celebrated?AJR 3 is out of step with
women and public opinion."
ASSEMBLY FLOOR :
AYES: Arambula, Baca, Bass, Berg, Bermudez, Canciamilla,
Chan, Chavez, Chu, Cohn, Coto, Daucher, De La Torre,
Dymally, Evans, Frommer, Goldberg, Gordon, Hancock,
Jerome Horton, Jones, Karnette, Klehs, Koretz, Laird,
Leno, Levine, Lieber, Liu, Matthews, Mullin, Nation,
Nava, Negrete McLeod, Parra, Pavley, Richman,
Ridley-Thomas, Ruskin, Saldana, Salinas, Torrico, Umberg,
Vargas, Wolk, Yee, Nunez
NOES: Aghazarian, Benoit, Blakeslee, Bogh, Cogdill,
DeVore, Emmerson, Garcia, Haynes, Huff, Keene, La Malfa,
La Suer, Leslie, Maze, McCarthy, Mountjoy, Nakanishi,
Plescia, Sharon Runner, Spitzer, Strickland, Tran,
Villines, Walters, Wyland
NO VOTE RECORDED: Calderon, Harman, Shirley Horton,
Houston, Montanez, Niello, Oropeza
RJG:mel 6/8/05 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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