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HomeMy WebLinkAboutStaff Report 14499 City of Palo Alto COLLEAGUES MEMO June 21, 2022 Page 1 of 2 (ID # 14499) DATE: June 21, 2022 TO: City Council Members FROM: Council Member Stone, Council Member Burt, Council Member Kou SUBJECT: COLLEAGUES MEMO: ADOPT A RESOLUTION REGARDING REPRODUCTIVE RIGHTS FOR PALO ALTO RESIDENTS Issue: On May 2, 2022, Politico published a story revealing a leaked draft opinion in the case Dobbs v. Jackson Women’s Health Organization.1 This decision, although not final, reveals the intention of the United States Supreme Court to overturn the well-established precedent of Roe v. Wade and Casey v. Planned Parenthood, stating in part, “We hold that Roe and Casey must be overruled. The Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision.” The draft opinion goes on to delegate the authority of legislating on abortion to the states, “The Constitution does not prohibit the citizens of each State from regulating or prohibiting abortion . . . Roe and Casey arrogated that authority. We now overrule those decisions and return that authority to the people and their elected representatives.” About half of the states have already indicated they will swiftly impose laws banning abortion immediately upon the termination of the Roe and Casey precedents. At that time, millions of women across the country will have their right to bodily autonomy eliminated by this decision. Several states have gone even further by proposing dubious legislation that would prohibit women from seeking abortions outside their state. Background and Discussion: One of the City Council’s priorities for 2022 is Community Health and Safety. The right to reproductive healthcare is critical, and the constitutional guarantee of bodily autonomy has been protected since the Roe decision in 1973. With these rights set to be eliminated at the end of June when the Dobbs decision is likely to be published, millions of women across the nation will lose their right to choose what to do with their own bodies. A longstanding priority of this Council has been social justice and equity, which is implicit in this June 21, 2022 Page 2 of 2 (ID # 14499) year’s Council priorities. The Court’s decision is a direct assault on the equal treatment of women in our country as targeting laws at a portion of the population is nothing less than discrimination. This decision will be an attack on all women’s rights, but will most profoundly impact women of color, impoverished women, immigrants, and our youth. Amnesty International has advocated for access to safe abortions as a human right2, and the World Health Organization (WHO) has confirmed the importance of preserving access to high quality reproductive healthcare, “Making health for all a reality, and moving towards the progressive realization of human rights, requires that all individuals have access to quality health care, including comprehensive abortion care services – which includes information, management of abortion, and post-abortion care.”3 Palo Alto Municipal Code section 9.73.010 codifies the City’s commitment to, “affirm, support and protect the human rights of every person within its jurisdiction . . . [and] to protect and safeguard the right and opportunity of every person to be free from arbitrary discrimination on the basis of their . . . gender, age”.4 Under the Council’s Procedures and Protocols, Council may take action on a Colleague Memo on the same night it is introduced when the proposed action has no staff or budget impacts. Adoption of the Resolution attached satisfies that criteria. Recommendation: We recommend the City Council adopt the attached Resolution affirming the City’s belief in a woman’s right to bodily autonomy and to welcome all who seek reproductive freedom within our City’s boundaries. Staff Impact: There is no impact to staff resources to approve this resolution. Attachments: • Colleague's memo reporductive rights Resolution No. XXXX Resolution of the Council of the City of Palo Alto Expressing Support for Women’s Reproductive Rights R E C I T A L S WHEREAS, the United States Supreme Court opinion in the case Dobbs v. Jackson Women’s Health Organization was recently leaked by Politico on May 2, 2022, revealing the Court’s impending decision to overturn the seminal decisions in Roe v. Wade and Casey v. Planned Parenthood; and WHEREAS, the constitutional guarantee to reproductive health care decisions will likely end for millions of women across the nation at the end of June 2022, when the Supreme Court officially publishes the Dobbs opinion; and WHEREAS, this decision will negatively impact the lives of countless women who will no longer have a constitutional right to seek an abortion and may be denied in their home states the right to bodily autonomy; and WHEREAS, more than half the states have already expressed their desire to abolish or severely restrict access to abortion services. Several states, like Missouri, have already indicated they will immediately abolish abortion in their states upon reversal of Roe v. Wade and will seek to criminalize women who cross state lines in order to seek abortions in other states; and WHEREAS, one in four women will obtain an abortion at least once in their lifetime, and denial of basic healthcare services for a select portion of the population is a form of discrimination; and WHEREAS, according to the Center for Disease Control, women of color have higher abortion rates than white women. Minority women are also less likely to have access to good quality healthcare, with Black women being three times more likely to die in childbirth than white women; and WHEREAS, Amnesty International and the World Health Organization recognizes the right to seek a safe abortion and exercise one’s right to bodily autonomy free from encroachment by others as a human right; and WHEREAS, the City of Palo Alto recognizes that a woman’s right to choose is a human right and the decision to control one’s own reproductive care should be hers alone to make; and WHEREAS, Palo Alto Municipal Code section 9.73.010 codifies the City’s commitment to, “affirm, support and protect the human rights of every person within its jurisdiction . . . [and] to protect and safeguard the right and opportunity of every person to be free from arbitrary discrimination on the basis of their . . . gender, age”; and WHEREAS, the City of Palo Alto recognizes that any restrictions on the access to abortions will disproportionately impact people of color, lower socio-economic classes, immigrants, and our youth; and WHEREAS, the City of Palo Alto has named Community Health and Safety as a City Council priority for 2022 and is committed to ensuring all people have access to safe reproductive care. The Council of the City of Palo Alto does hereby RESOLVE as follows: NOW, THEREFORE BE IT RESOLVED, The Palo Alto City Council, on behalf of the City and all its residents, affirms our belief in a woman’s right to bodily autonomy and their choice to terminate an unwanted pregnancy. The City welcomes all who seek reproductive freedom within our jurisdiction and will do all we can within the limits of the law to protect and defend those who wish to exercise those rights. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: ___________________________ ___________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ___________________________ ___________________________ City Attorney City Manager