Lawsuit Calls For Removal Of Misleading Language About Parental Notification Measure From Voter Guide

Main Category: Abortion
Also Included In: Litigation / Medical Malpractice
Article Date: 05 Aug 2008 - 6:00 PST

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Planned Parenthood Affiliates of California and other groups on Friday filed a lawsuit in Sacramento County Superior Court that asks the California secretary of state to remove misleading language about a parental notification ballot initiative from the official voter guide, the Los Angeles Times reports.

The initiative would require a 48-hour waiting period before minors could receive an abortion, during which time a physician would notify the minor's parent or legal guardian (McGreevy, Los Angeles Times, 8/2). Opponents of the initiative argue that it would permit teens in abusive home situations to have their physician notify another family member that they are seeking abortions (Daily Women's Health Policy Report, 7/25).

Supporters of the ballot initiative cite the case of a 15-year-old Texas girl -- known as "Sarah" to protect her identity -- who died of complications from an abortion in 1994, the Times reports. Language submitted for the voter's guide states that Sarah's death could have been prevented had her parents been informed of her abortion and known that her "failing health" was related to the procedure, the Times reports.

The initiative's supporters recently acknowledged that Sarah had a child and was in a common-law marriage before she died. The Times reports that court papers filed in the girl's home state after her death revealed that the man with whom she lived had declared himself her common-law husband. Texas does not consider married 15-year-olds to be minors, according to a Planned Parenthood attorney.

Planned Parenthood officials have filed suit to exclude any language from the official voter guide that refers to "Sarah" or "Sarah's Law," as well as any other language they deem misleading. Planned Parenthood is arguing that parental notification would not have applied in the case. A rebuttal argument filed for the voter's guide says, "Nothing in Prop. 4 would have prevented her tragic death."

Proponents of the initiative said they discovered the details regarding the girl after they submitted the language for the voter guide and that they would review the lawsuit before deciding whether to alter the language. Erica Little, a spokesperson for the campaign supporting the initiative, said, "We will modify the way we present Sarah to be accurate with the information," adding, "But we don't think the use of her story is marred."

Ana Sandoval, a spokesperson for Planned Parenthood and the campaign against the initiative, said, "If you can't believe the Sarah story, there's a lot in the ballot argument you can't believe" (Los Angeles Times, 8/2).

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