Calif. Parental Notification Measure Might Be 'Bulletproof' If Challenged In Courts, S.J. Mercury News Reports

Main Category: Abortion
Also Included In: Pediatrics / Children's Health;  Litigation / Medical Malpractice
Article Date: 07 Oct 2008 - 7:00 PST

email to a friend   printer friendly   view / write opinions   rate article

The San Jose Mercury News on Thursday examined the legal merits of California's Proposition 4, which, if approved by state voters in November, would require physicians to notify parents before providing abortion services to minors. California voters have rejected similar measures in 2005 and 2006, but a Field Poll released last week found voters are narrowly favoring the 2008 initiative.

According to the Mercury News, legal experts in California "overwhelmingly agree" that because Proposition 4 would change the state constitution, the "only option for opponents of the law would be the federal courts," possibly making the legality of it "bulletproof." Previous rulings by the state's Supreme Court determined similar laws unconstitutional because of the state's strong privacy rights, but the new law includes requirements -- such as exceptions for medical emergencies and judicial permission for girls worried about abuse at home -- that have led courts in other states to uphold similar laws, the Mercury News reports.

Erwin Chemerinsky, dean of the University of California -Irvine School of Law, said, "It would be a very tough initiative to challenge on federal constitutional grounds." Margaret Crosby, an American Civil Liberties Union lawyer who won a 1997 case involving similar legislation, said there are "dangerous" features of the law, adding that "voters have turned it down twice before and we're hoping they do it again" (Mintz, San Jose Mercury News, 10/2).

Proposition 4 'Good Common Sense,' Opinion Piece Says

Opponents of Proposition 4 are "using scare tactics to prevent Californians from protecting our daughters" and "want to confuse voters with the red herring that this isn't about child safety but merely an anti-choice, anti-abortion measure," Margaret Pearson, communications director for the Yes on Four campaign, writes in a Los Angeles Times opinion piece. According to Pearson, minor girls are often "ill-equipped to deal with this situation" on their own. She adds that Proposition 4 is "just good common sense" in part because it "in no way infringes on a girl's right to an abortion" and "does not require parental consent, only notification" (Pearson, Los Angeles Times, 10/3). Calif. Parental Notification Measure Might Be 'Bulletproof' if Challenged in Courts, S.J. Mercury News Reports
[Oct. 6, 2008]

The San Jose Mercury News on Thursday examined the legal merits of California's Proposition 4, which, if approved by state voters in November, would require physicians to notify parents before providing abortion services to minors. California voters have rejected similar measures in 2005 and 2006, but a Field Poll released last week found voters are narrowly favoring the 2008 initiative.

According to the Mercury News, legal experts in California "overwhelmingly agree" that because Proposition 4 would change the state constitution, the "only option for opponents of the law would be the federal courts," possibly making the legality of it "bulletproof." Previous rulings by the state's Supreme Court determined similar laws unconstitutional because of the state's strong privacy rights, but the new law includes requirements -- such as exceptions for medical emergencies and judicial permission for girls worried about abuse at home -- that have led courts in other states to uphold similar laws, the Mercury News reports.

Erwin Chemerinsky, dean of the University of California -Irvine School of Law, said, "It would be a very tough initiative to challenge on federal constitutional grounds." Margaret Crosby, an American Civil Liberties Union lawyer who won a 1997 case involving similar legislation, said there are "dangerous" features of the law, adding that "voters have turned it down twice before and we're hoping they do it again" (Mintz, San Jose Mercury News, 10/2).

Proposition 4 'Good Common Sense,' Opinion Piece Says

Opponents of Proposition 4 are "using scare tactics to prevent Californians from protecting our daughters" and "want to confuse voters with the red herring that this isn't about child safety but merely an anti-choice, anti-abortion measure," Margaret Pearson, communications director for the Yes on Four campaign, writes in a Los Angeles Times opinion piece. According to Pearson, minor girls are often "ill-equipped to deal with this situation" on their own. She adds that Proposition 4 is "just good common sense" in part because it "in no way infringes on a girl's right to an abortion" and "does not require parental consent, only notification" (Pearson, Los Angeles Times, 10/3).

Reprinted with kind permission from http://www.nationalpartnership.org. You can view the entire Daily Women's Health Policy Report, search the archives, or sign up for email delivery here. The Daily Women's Health Policy Report is a free service of the National Partnership for Women & Families, published by The Advisory Board Company.

© 2008 The Advisory Board Company. All rights reserved.