American Academy of Pediatrics v. Van De Kamp

Introduction

The issue before this court today is not the morality or immorality of abortion. “The morality of abortion is not a legal or constitutional issue; it is a matter of philosophy, of ethics, and of theology. It is a subject upon which reasonable people can, and do, adhere to vastly divergent convictions and principles.” (Committee to Defend Reproductive Rights v. Myers (1981) 29 Cal.3d 252, 284 [ 172 Cal.Rptr. 866 , 625 P.2d 779 , 20 A.L.R.4th 1118 ].) Nor is the issue before this court today whether women have the right to procreative choice. That issue is settled. (People v. Belous (1969) 71 Cal.2d 954 [80 .Cal.Rptr. 354, 458 P.2d 194 ]; Roe v. Wade (1973) 410 U.S. 113 [ 35 L.Ed.2d 147 , 93 S.Ct. 705 ].) The right to procreative choice in California is protected by article I, section 1 of our Constitution and extends to all women regardless of wealth (Committee to Defend Reproductive Rights v. Myers, supra, 29 Cal.3d at p. 262 ) or age (Ballard v. Anderson (1971) 4 Cal.3d 873, 880-881 [ 95 Cal.Rptr. 1 , 484 P.2d 1345 , 42 A.L.R.3d 1392 ]). Nor are we required to decide today whether this right can be restricted where the pregnant woman is an unemancipated…