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Resolution 2022-32300 • RESOLUTION NO. 2022-32300 A RESOLUTION OF THE MAYOR AND CITY COMMISSION • OF MIAMI BEACH, FLORIDA, CONDEMNING THE UNITED STATES SUPREME COURT'S DECISION IN DOBBS V. JACKSON WOMEN'S HEALTH ORGANIZATION, WHICH ELIMINATED AN ESTABLISHED RIGHT TO REPRODUCTIVE FREEDOM.IN THE UNITED STATES. WHEREAS, in a 1973 landmark decision, Roe v. Wade, the United States Supreme Court ("SCOTUS" or the "Court") established that the Due Process Clause of the Fourteenth Amendment to the U.S. Constitution provides a fundamental "right to privacy" that protects a pregnant person's liberty to choose whether or not to have an abortion; and WHEREAS, on June 14, 2022, in another landmark decision, Dobbs v. Jackson Women's Health Organization, Justice Samuel Alito, writing for a five-Justice majority, eliminated the constitutional right to abortion and handed the states the power to restrict the procedure as they wish; and WHEREAS, the Court's opinion delivered a wrecking ball to the constitutional right to abortion, destroying the protections of Roe v. Wade, and utterly disregarding the ability of all people to make private, personal decisions that shape their futures; and WHEREAS, for the first time since the founding of our country, the Court issued a ruling that expressly took away an established constitutional right of millions of Americans; and WHEREAS, without a doubt, the Dobbs decision will rank among the Court's most infamous decisions, alongside Dred Scott v. Sandford, Plessy v. Ferguson, and Korematsu v. United States, which, to this day, remain an embarrassing stain on our country's history and represent repugnant denials of freedom for anyone who is not a white man; and WHEREAS, the decision in Dobbs is also devastating as it directly threatens other established constitutional rights that are currently in peril, such as the right to same-sex relationships and marriage, protected by Lawrence v. Texas, and Obergefell v. Hodges, which were largely influenced by the private rights framework established in Roe; and WHEREAS, in fact, Justice Clarence Thomas already outright threatened the status of the right to contraception, same-sex relationships, and same-sex marriage in his concurrence in Dobbs, calling for the Court to reconsider the decisions made in those landmark cases; and 1 WHEREAS, several states' trigger laws banning or severely restricting abortion access have already gone into effect since Roe was overturned, and other states' bans will go into effect imminently, including possibly the state of Florida; and WHEREAS, before Roe v. Wade, illegal abortions were estimated to range from 200,000 to 1.2 million per year, and constituted at least 17 percent of all maternal deaths attributed to pregnancy and childbirth in 1965 alone'; and WHEREAS, the legalization of abortion in the U.S. led to safer practices and drastically reduced the incidence of maternal deaths and hospitalizations related to abortion2; and • WHEREAS, banning or severely restricting abortion will not stop abortions— it will simply stop safe abortions, as many people will nonetheless choose to terminate their pregnancies and will be forced to do so through unregulated, and potentially unsafe means; and WHEREAS, it cannot be overstated how damaging the Dobbs will be to the most vulnerable members of our society, including women, and people of color; and WHEREAS, as masterfully pointed out by the dissenting minority, led by Justice Sonya Sotomayor, "women lacking financial resources will suffer from today's decision. After this decision, some States may block women from traveling out of State to obtain abortions, or even from receiving abortion medications from out of State. Some may criminalize efforts, including the provision of information or funding, to help women gain access to other States' abortion services;" and WHEREAS, women living below the federal poverty line experience unintended pregnancies at rates five times higher than higher income women do, and nearly half of women who seek abortion care live in households below the poverty line; and WHEREAS, by overturning Roe, the Court not only took away a constitutional right but also condemned millions of people to forcibly bringing new life into the country that offers no universal healthcare, no universal paid family leave, no universal childcare, no adequate social safety nets, and no adequate and well-funded foster care system; and WHEREAS, a landmark project called the Turnaway Study tracked nearly 1,000 women who either had an abortion or were turned away from clinics because their pregnancy was too advanced, and the women who were forced to carry their pregnancy 1 Rachel Benson Gold,Lessons from Before Roe:Will Past Be Prologue?, GUTTMACHER INST.(March 2003), https://www.guttmacher.org/gpr/2003/03/lessons-roe-will-past-be-prologue. 2 Susan A.Cohen, Facts and Consequences: Legality, Incidence and Safety of Abortion Worldwide, 12 GUTTMACHER POLICY REVIEW 2(2009),available at https://www.g uttmacher.org/sites/default/files/article_files/gpr120402.pdf. 2 to term were four times more likely to fall below the poverty line during the next five years, reported poorer overall health and more chronic pain; and WHEREAS, the City of Miami Beach has historically been at the forefront of advancing, promoting, and protecting the rights of marginalized communities, including reproductive rights; and WHEREAS, the Mayor and City Commission of the City of Miami Beach mourn for countless family, friends, and fellow citizens who have lost their right to abortion care, and strongly condemn the disastrous consequences of the craven political decision in Dobbs. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby strongly condemn the United States Supreme Court's decision in Dobbs v. Jackson Women's Health Organization, which eliminated an established right to reproductive freedom in the United States. PASSED AND ADOPTED this IV day of 51P4l41, , 2022. Attest: 1\A Dan Gelber, Mayor Rafael E. Granado, City Clerk SEP ^ . INCORP ORATED (Sponsored by Commissioner David Richardson) PAN•.?. • APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION r)-D - - l z- 1-2, ,City Attorney Date 3 Resolutions-C7 AE MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Rafael A. Paz, City Attorney DATE: September 14, 2022 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF MIAMI BEACH, FLORIDA, CONDEMNING THE UNITED STATES SUPREME COURT'S DECISION IN DOBBS V. JACKSON WOMEN'S HEALTH ORGANIZATION, WHICH ELIMINATED AN ESTABLISHED RIGHT TO REPRODUCTIVE FREEDOM IN THE UNITED STATES. ANALYSIS Pursuant to the request of Commissioner David Richardson, the above-referenced Resolution is submitted for consideration by the Mayor and City Commission at the July 20, 2022 Commission meeting. SUPPORTING SURVEY DATA N/A FINANCIAL INFORMATION N/A Is this a"Residents Right Does this item utilize G.O. to Know" item, pursuant to Bond Funds? City Code Section 2-14? No No Legislative Tracking Office of the City Attorney Sponsor Commissioner David Richardson/Co-sponsored by Commissioner Rosen Gonzalez and Vice- Mayor Fernandez ATTACHMENTS: Description Page 603 of 1700 o Resolution Page 604 of 1700 Cardillo, Lilia From: Cardillo, Lilia Sent: Wednesday, September 21,2022 2:26 PM To: Hernandez, Lana; Garces, Brian; Salinas, Monica Cc: Rafael Granado; Barbou, Regis Subject: Resolution 2022-32300 Attachments: Resolution 2022-32300.pdf Please see attached Resolution No. 2022-32300, CONDEMNING THE UNITED STATES SUPREME COURT'S DECISION IN DOBBS V.JACKSON WOMEN'S HEALTH ORGANIZATION,WHICH ELIMINATED AN ESTABLISHED RIGHT TO REPRODUCTIVE FREEDOM IN THE UNITED STATES,which was passed and adopted by the Mayor and City Commissioners on September 14, 2022. Thank you, MIAMIBEACH Lilia Cardillo,Agenda Coordinator OFFICE OF THE CITY CLERK 1700 Convention Center Drive, Miami Beach, FL 33139 Tel: 305-673-7411/Fax: 786-394-4139/ext. 6780 liliacardillo@miamibeachfl.gov We are committed to providing excellent public service and safety to all who live,work and play in our vibrant,tropical, historic community 1 Cardillo, Lilia From: Granado, Rafael Sent: Wednesday, September 21,2022 3:12 PM To: Cardillo, Lilia; Hernandez, Lana; Garces, Brian; Salinas, Monica Cc: Barbou, Regis Subject: RE: Resolution 2022-32300 Good afternoon, You may wish to share this resolution with your Committees. Regards, MIAMIBEACH sPnkSUPPORT BREAST CANCER AWARENESS Rafael E. Granado, Esq., City Clerk OFFICE OF THE CITY CLERK 1700 Convention Center Drive, Miami Beach, FL 33139 Tel: 305.673.7411 rafaelgranado(a�miamibeachfl.gov We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community. From: Cardillo, Lilia<LiliaCardillo@miamibeachfl.gov> Sent:Wednesday,September 21, 2022 2:26 PM To: Hernandez, Lana<LanaHernandez@miamibeachfl.gov>; Garces, Brian<BrianGarces@miamibeachfl.gov>;Salinas, Monica<MonicaSalinas@miamibeachfl.gov> Cc:Granado, Rafael<RafaelGranado@miamibeachfl.gov>; Barbou, Regis<RegisBarbou@miamibeachfl.gov> Subject: Resolution 2022-32300 Please see attached Resolution No. 2022-32300, CONDEMNING THE UNITED STATES SUPREME COURT'S DECISION IN DOBBS V.JACKSON WOMEN'S HEALTH ORGANIZATION,WHICH ELIMINATED AN ESTABLISHED RIGHT TO REPRODUCTIVE FREEDOM IN THE UNITED STATES,which was passed and adopted by the Mayor and City Commissioners on September 14, 2022. Thank you, MIAMIBEACH Lilia Cardillo,Agenda Coordinator OFFICE OF THE CITY CLERK 1700 Convention Center Drive, Miami Beach, FL 33139 Tel: 305-673-7411/Fax: 786-394-4139/ext. 6780 Iiliacardillo@miamibeachfl.gov We are committed to providing excellent public service and safety to all who live,work and play in our vibrant,tropical, historic community 1