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Court upholds California's Abortion Accessibility Act against legal challenge

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Thursday, January 23, 2025

Court upholds California's Abortion Accessibility Act against legal challenge

State AG
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Attorney General Rob Bonta | Official website

California Attorney General Rob Bonta has responded to a decision by the Kern County Superior Court, which denied a lawsuit from anti-abortion activists challenging Senate Bill 245, known as the Abortion Accessibility Act. This legislation mandates that abortion services be covered without copays or deductibles.

Attorney General Bonta stated, "The ability to access safe and timely abortion services without financial barriers is vital for those seeking abortion care. The Abortion Accessibility Act does just that by ensuring that personal medical decisions are left to individuals and their doctors, not dictated by financial constraints." He expressed satisfaction with the court's decision, emphasizing its role in ensuring equitable access to abortion healthcare while upholding Californians' dignity and autonomy.

The Abortion Accessibility Act requires health care service plans and certain insurance policies issued after 2023 in California to cover abortion services without cost-sharing requirements. Before this act, Californians with private health insurance often faced significant financial burdens due to deductibles and copays for abortion care.

In their lawsuit, anti-abortion activists claimed the law violated privacy and equal protection provisions of the California Constitution by discriminating against women who choose to carry pregnancies to term. However, the court upheld the law, noting that plaintiffs failed to demonstrate interference with women's rights to continue pregnancies. The court highlighted that "the State provides many benefits . . . to pregnant women who choose not to terminate their pregnancies."

The Reproductive Justice Unit within the California Department of Justice’s Healthcare Rights and Access section represented Attorney General Bonta, alongside the Department of Insurance and the Department of Managed Health Care. The unit focuses on protecting access to sexual and reproductive healthcare across California and beyond.

A copy of the final judgment is available for public viewing.

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