In our current day and age, abortion laws can be confusing and unclear. State laws are constantly changing and that can feel very (understandably) scary! It’s important to understand what the law allows in your state, so you can make educated decisions when engaging in sex, whether you’re trying to prevent pregnancy or wanting to get pregnant. 

What are the current abortion laws in California?
The right to abortion has been established in California law for decades. Going back to the 1960s, the California Supreme Court found the right to abortion inherent in state constitutional rights to privacy and liberty. The California Reproductive Privacy Act, which went into effect in 2003, grants the fundamental right to abortion and birth control in state law. In addition, in 2022, California voters approved Proposition 1. This enshrined an explicit right to abortion and birth control in the state’s constitution. Go California!

These state-level protections mean that people in California have a right to abortion despite the overturning of Roe v. Wade. Abortions in California are legal through viability, depending on the good faith medical judgment of the doctor, with exceptions for the life or health of the pregnant person. 

How could bans in other states affect California?
As more than half of U.S. states now significantly restrict abortion, tens of thousands of patients each month are traveling to other states seeking abortion care. California has seen a surge of out-of-state abortion patients, meaning greater demands on providers, which can also make it harder for people living in California to get an appointment. This is why getting abortion pills in advance is a safe, effective option if you ever need them; may we suggest using Plan C?

In addition, some other states’ bans specifically target abortion care taking place in access states like California. For example, Texas’s SB 8 permits any person to sue someone for so-called “aiding and abetting” an out-of-state abortion for a person in Texas. THIS SUCKS and is incredibly horrifying for people who live in Texas and other states enacting similar laws. But it’s important to note that very few of these kinds of lawsuits have been filed, so it is critical not to let the threat of laws like SB 8 to have too large of a chilling effect on seeking abortion care. If/When/How offers legal resources and support for anyone who is concerned they may be criminalized for a pregnancy outcome.

In response to such laws, many states (like California) have enacted “shield laws” to protect abortion care for out-of-state patients. These laws protect doctors, patients, and helpers from being punished in other state courts and prohibits law enforcement and other actors in California from participating in any such lawsuits. Once again, go California! 

But what about at the federal level – should people in California be worried about a federal abortion ban? 
If Trump is elected this Fall, national abortion access is in severe danger. As the ACLU shares in a June 2024 report: “A second Donald Trump presidency would present an existential threat to abortion access nationwide, imperiling the ability of anyone to get an abortion anywhere in the country under any circumstance.”

Under the U.S. Constitution, federal law is supreme to state law, which means that it overrides any conflicting state laws. If any abortion ban were to go into effect at the federal level it would preempt California state law and abortion would be restricted to whatever is allowed in the federal law. There are several ways this could happen, such as Congress passing a bill or a Trump presidential administration re-interpreting existing law to restrict abortion care (this is what people are talking about when they mention the Comstock Act). That is why it is so important to vote in the election this November, and in all future elections. An anti-abortion President would have the power to limit access, even in California.

Currently, abortion is legal and protected in California. However, that doesn’t mean that abortion is always accessible. There are still large areas of the state without an abortion provider; in these areas, telehealth medication abortion can be an important way to access care (huge plug one more time for Plan C!). Cost can also be an issue, although California’s Medicaid program, Medi-Cal, does cover abortion care.  

If you need abortion resources…
Abortion funds and support networks can provide financial and logistical support to people seeking abortion care. ACCESS RJ provides resources to abortion-seekers, and additional support groups can be found at the National Network of Abortion Funds website.

In addition, the state of California has a website providing information about the abortion care, legal rights, and resources at abortion.ca.gov. How cool is that!?

You may leave reading this article feeling defeated, but we can’t give up! This is the time to stand up and fight for abortion rights and access -- especially those of us who live in California. 

What can Californians do to protect reproductive rights for Californians and people who come here for the care they deserve? 
Again, voting is incredibly important! The outcome of the presidential election will determine abortion access across the country, including in access states. It’s also important to pay attention to state and local elections; this is how the legislators who pass abortion bans in the first place get into office.

If you want to support abortion access for people in states with bans and restrictions, the best thing you can do is to donate to abortion funds and support groups in these states. Travel distances for abortion-seekers have massively increased post-Dobbs and providers are overwhelmed, meaning people are having to wait longer to get care – all of this means that abortions have gotten more and more expensive and more support is needed. Donate $20 today or make a recurring monthly donation if you can.

Abortion has always existed. Abortion will always exist. Let’s keep fighting for the right to safe, legal abortion.

This article was written in partnership with Danielle Bezalel, MPH, aka DB (she/her/hers). She is the Creator, Executive Producer, and Host of the Sex Ed with DB podcast, a feminist podcast bringing you all the sex ed you never got, centering LGBTQ+ and BIPOC experts. Danielle earned a Master of Public Health with expertise in sexuality, sexual, and reproductive health from Columbia University. Danielle lives in Oakland, CA. Go to www.sexedwithdb.com to learn more about the podcast and get discounts on DB’s faves here. You can listen to the podcast on Apple Podcasts, Spotify, Soundcloud, or wherever you get your podcasts. Follow Sex Ed with DB on TikTok, Instagram, X, and YouTube.