OAKLAND — California Attorney General Rob Bonta today issued a statement in response to Kern County Superior Court’s decision denying anti-abortion activists’ lawsuit challenging Senate Bill 245 (Lena Gonzalez), the Abortion Accessibility Act, which mandates coverage of abortion services without requiring copays or deductibles. 

“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,” said Attorney General Bonta. “We are pleased with the Court’s decision that ensures equitable access to abortion healthcare and upholds the dignity, autonomy, and well-being of Californians.”

BACKGROUND

The Abortion Accessibility Act requires California-licensed health care service plans and certain insurance policies issued after 2023 to cover abortion services without a co-payment, deductible, or any type of cost-sharing requirement. Prior to the Abortion Accessibility Act, Californians with private health insurance often paid deductibles and copays ranging from forty to thousands of dollars for abortion care, which could be a substantial financial burden for low- and middle-income families.   

In the lawsuit, the anti-abortion activists argued that the law violated the California Constitution’s privacy and equal protection provisions by discriminating against women who choose to carry their pregnancies to term. The court upheld the law concluding that “Plaintiffs have certainly not shown by any standard of proof that the [Abortion Accessibility] Act interferes with the right of California women to choose to continue their pregnancies” in part because “the State provides many benefits . . . to pregnant women who choose not to terminate their pregnancies.” 

The Reproductive Justice Unit, under the California Department of Justice’s Healthcare Rights and Access section, represented the Attorney General, the Department of Insurance, and the Department of Managed Health Care in this lawsuit. The Unit’s sole mission is to protect access to sexual and reproductive healthcare for Californians and Americans across this country. 

A copy of the final judgment can be found here.