PROP 4 – Vote NO
This Proposal:
This measure, the WAITING PERIOD AND PARENTAL NOTIFICATION BEFORE TERMINATION OF MINOR’S PREGNANCY INITIATIVE amends the State Constitution to require, with certain exceptions, a physician to notify the parent or legal guardian of a pregnant minor at least 48 hours before performing an abortion involving that minor. This measure does not require a physician or a minor to obtain the consent of a parent or guardian, only to notify them. The requirement for notification would be waived in cases of medical emergencies or if the pregnant minor successfully petitions a court to approve a waiver. In addition, if the minor states in writing that she fears physical, sexual, or severe emotional abuse from a parent who would otherwise be notified, and her fear is based on a pattern of such abuse of her by a parent, the physician could notify an adult family member instead of notifying the minor’s parent. Any person who performs an abortion on a minor and who fails to comply with the provisions of the measure would be liable for damages in a civil action brought by the minor, her legal representative, or by a parent or guardian wrongfully denied notification.
Background:
In 1953, a state law was enacted that allowed minors to receive, without parental consent or notification, the same types of medical care for a pregnancy that are available to an adult. In 1987, the Legislature passed a law to require minors to obtain the consent of either a parent or a court before obtaining an abortion. Legal challenges were brought, and the law was never implemented. In 1997, the California Supreme Court ultimately found the law unconstitutional. Proponents of this initiative are now attempting (as they have numerous times in the past) to circumvent the Supreme Court ruling by changing the State Constitution.
Arguments:
Proponents claim that this constitutional change would protect pregnant minor females by allowing a family member to know of their medical situation and be informed about risks to their health and safety. Furthermore, they argue, California law requires a parent to provide written consent in person before a minor can use a tanning salon but a minor can get an abortion without a family member being notified.
Opponents claim that in the real world, not all teens live in homes where communication is possible, and even in the best homes, many teens aren’t able to talk about something as sensitive as pregnancy and believe they can’t go to their parents for help. These girls can feel scared, trapped, and desperate. Instead of seeking the counseling and safe medical care they need, they may choose an unsafe, back alley, illegal abortion, go across the border, or even contemplate suicide. Furthermore, opponents of this measure charge that those backing this proposal are exploiting fears to advance their own political agenda and that their real goal is to eventually outlaw abortion.
Recommendation:
My recommendation is to vote NO. If passed, Prop 4 could do more harm than good. The motives of the proponents of this proposition are suspect and it appears designed to deter pregnant teens from seeking an abortion under the threat that their parents would be notified. It is also likely that many pregnant teenagers from abusive homes would be unable to satisfy the requirements for waiving the notification. Teens could be put in a seriously dangerous predicament – pregnant with nowhere to turn. This would likely cause some teens to attempt to circumvent the law and turn to risky alternatives such as crossing the border into Mexico or adjoining states, obtaining an abortion from unqualified individuals, or attempting to self induce an abortion. Furthermore, there is no indication that this proposal is necessary to address any problems that actually exist. I further find the “tanning salon” argument to be specious. Just because a law exists that requires parental notification for minors’ use of tanning salons, it does not mean that such a law is either necessary or effective and we shouldn’t use it as the precedent for the enactment of other laws. In addition, Prop 4 would potentially cost the public several million dollars annually for health and social services programs, court administration, and state health agency administration. In light of the potential to cause additional hardship on pregnant teenagers and no evidence of any substantial benefit from its enactment, this proposition should be rejected.
For more information: Voter Information Guide – Prop 4
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by David Boaz or 
by David Bergland, both excellent books on libertarian thought.
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