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The Bear Flag League

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Proposition 4

October 28, 2008 by dave

From the Voter's Guide:
Waiting Period and Parental Notification before Termination of Minor's Pregnancy

  • Changes California Constitution to prohibit abortion for unemancipated minor until 48 hours after physician notifies minor’s parent or legal guardian.
  • Permits notification to certain adult relatives if doctor reports parent to law enforcement or Child Protective Services.
  • Provides notification exceptions for medical emergency or parental waiver.
  • Permits courts to waive notice based on clear and convincing evidence of minor’s maturity or best interests.
  • Mandates reporting requirements, including reports from physicians regarding abortions on minors.
    Authorizes damages against physicians for violation.
  • Requires minor’s consent to abortion, with exceptions.

Dave's Thinking:
This proposition is actually more difficult for me than I would have thought. The last time this issue came up, my liberal sister, who is also a professional health educator, had some good arguments on her side. I believe her primary contention was that the proposition couldn't mandate good communication in dysfunctional, abusive families.

I can certainly understand that, but I guess for me, I find it amazing that a minor child can receive a chemical or surgical abortion without even parental notification, while that same child can't receive an aspirin at school or use a tanning salon. Despite the well thought out arguments against the measure, that disconnect is just too much for me to swallow. Additionally, the fact that 30 states already have similar measures and those opposing the measure couldn't find a single horror story from those existing state laws further encouraged me to support the measure.

I do hope the incorporation of an alternative adult notification in those cases in conjunction with the reporting of the abuse to law enforcement or Child Protective Services will mitigate some of the concerns about the impact of this proposition on abusive families.

Dave's Recommendation:
Vote YES on Proposition 4

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