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Waiting Period and Parental Notification
Before Termination of Minor's Pregnancy.
Initiative Constitutional Amendment.

THE QUESTION

Should the California Constitution be amended to require notification of a parent or legal guardian of an unemancipated pregnant minor at least 48 hours prior to performing an abortion?

THE SITUATION

Currently minors can receive the same abortion services as adults due to a state law passed in 1953. In 1987 an amendment requiring parental consent was passed. However, it was never enacted due to legal challenges and, in 1997, the California Supreme Court struck it down based on the right to privacy. Unlike the U.S. Constitution, the state Constitution specifically protects the right to privacy.

In November 2005, Proposition 73 was on the ballot. It would have required parental involvement before an abortion could be performed, as does Proposition 85. A difference between the two measures is that Proposition 85 does not suggest a definition for when life begins.

THE PROPOSAL

Proposition 85 would prohibit an abortion for an unemancipated minor until 48 hours after a physician notifies the minor's parent/guardian, except in the case of a medical emergency or with a parental waiver, which is valid for 30 days. The measure includes reporting requirements and authorizes monetary damages against physicians for violation.

FISCAL EFFECT

Actual costs will depend upon how these requirements affect minors' behavior. It is estimated the costs to the state would be several million dollars annually for health and social services programs, court and state agency administration.

WHAT A YES OR NO VOTE MEANS

A YES vote means that the California Constitution would be amended to require notification of the parent or legal guardian of an unemancipated pregnant minor at least 48 hours before performing an abortion.

A NO vote means that the California Constitution would not be amended to require notification of the parent or legal guardian.

SUPPORTERS SAY

• When parents are involved and minors cannot anticipate unrestricted access to abortion, they will avoid the reckless behavior that leads to pregnancy.
• In California, girls under 18 can't get simple medical care without a parent's permission but they do not have to ask their parents before receiving abortion services.
• More than 30 states have laws like Proposition 85, and often after such laws have passed, there have been substantial reductions in pregnancies and abortions among minors.

OPPONENTS SAY

• Studies show that 61 percent of pregnant teens tell their parents and 99 percent tell a trusted adult such as minister.
• Some teens live in dangerous homes, where a family member may be the perpetrator, and may not be able to go to their parents.
• The California Supreme Court has found "overwhelming" evidence that similar laws in other states do harm to teenagers.

FOR MORE INFORMATION

PRO 866-828-8355, www.Yeson85.net

CON 916-669-4802, www.noon85.com