California Propositions: CalProps Analysis: Prop 4

Proposition 4, or “Sarah’s Law” or (officially) the Abortion Waiting Period and Parental Notification Initiative, is among the big ticket headliners to the November roster of initiatives.

The initiative would prohibit abortion for “unemancipated” minors until 48 hours after physician notifies minor’s parent, legal guardian or, if parental abuse has been reported, an alternative adult family member.

If this sounds familiar, it is. Prop 4 is the third time in 4 years that California voters will have considered the issue of a parental notification/waiting period for abortion. The two previous, unsuccessful, initiatives were Prop 85 (2006) and Prop 73 (2005).

When Prop 73 lost in 2005, some supporters thought that a similar measure would fare better in a general election. However, Prop 85 did worse. Unlike 85 or 73, the Sarah's Law initiative allows an adult relative of the minor seeking an abortion to be notified, if the minor's parents are abusive.

Prop 4, if enacted as a constitutional amendment, would:

Provide 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 monetary damages against physicians for violation.

Requires minor’s consent to abortion, with exceptions.

Permits judicial relief if minor’s consent is coerced.

Estimated fiscal impacts are $4 million to $5 million for the state and about $2 million for counties in health and social services expenses, as well as law enforcement and court costs in the range of $5 million to $6 million per year.

The major official opposition campaign to Prop. 4 is known as Campaign for Teen Safety - No on 4 - A Project of Planned Parenthood Affiliates of California. Other notable opponents include major health and education groups such as the California Nurses Association, California Teachers Association, California Academy of Family Physicians, among others.

Key Arguments for and against

Notable arguments that have been made in favor of Prop. 4 include:

34 other U.S. States have notification laws in place for as long as 25 years. They have resulted in declined rates of teen abortion, STDs, and teen pregnancy.

When a minor obtains an abortion without the knowledge of a family member or guardian, her health can be endangered if health complications arise after the abortion.

If a minor becomes pregnant because of sexual violence or predation, and then has an abortion without her family's knowledge of either the sexual assault or the abortion, an opportunity to identify and stop a sexual predator may be missed, because the abortion clinic may not report the sexual crime.

Arguments against Prop. 4

Notable arguments that have been made against Prop. 4 include:

While parents rightfully want to be involved in their teenagers' lives, mandated parental notification laws don't work. No law can mandate family communication.

In the real world, some teenagers can't go to their parents because they fear being kicked out of the house, beaten, or worse. Prop 4 may force these teens to delay medical care, turn to self-induced abortions, or consider suicide.

Forced "family notification" is a lie. Right now, a pregnant teen can safely go to a trusted aunt, grandma, or an older sister. Prop 4 would close that option to teens, because under Prop 4, if a teen chooses to go to another adult, her parents would automatically be reported to authorities and an investigation would ensue.

"Mandatory notification laws make scared, pregnant teens who can't go to their parents do dangerous things."

There was some notable legal wrangling around the use of “Sarah” in ballot language, though this was ultimately allowed by Superior Court judge.

Polling information

The Field Poll has conducted and released the results of three public opinion polls on Proposition 4, in July, August and September.Mark DiCamillo, director of the polling agency, said he believes the current version is running stronger because Latinos overwhelmingly favor it and are expected to vote in higher-than-usual numbers in November.

Month of Poll	In Favor	Opposed	Undecided
July 2008	48 percent	39 percent	13 percent
August 2008	47 percent	44 percent	9 percent
September 2008	49 percent	41 percent	10 percent

So what do you think? Take a deeper look at the initative's finances here, or join one of the CalProps groups advocating for or against Prop 4:

3 Comments

My name is Paula and I’m an intern for Ms. magazine. I just came across your wonderful blog post about California Proposition 4 and wanted to let you know about a new video that has just been released from the Feminist Majority Foundation, the publisher of Ms.

This November, South Dakotans will vote on a draconian abortion ban – Initiated Measure 11. I’m sure you are very aware how dangerous Measure 11 is to women’s reproductive health and rights, as it aims to make it nearly impossible for a woman to obtain an abortion in South Dakota. With help from some celebrities like Camryn Manheim, Amy Brenneman and Sara Ramirez, this video urges people to vote NO on 11 this November on the South Dakota ballot. Check it out/spread it around:

http://www.youtube.com/watch?v=TkRYqZnU0Zc
http://www.feministcampus.org/vote/StateInitiativeSD.asp

And of course, please check out our Vote No on 4 video:
http://www.youtube.com/watch?v=XUVi1l-6M84

Please consider posting these videos onto your website so it is made available to your visitors. We must do all that we can to preserve women’s reproductive rights and let women know what’s at risk this election!

Thanks for your consideration,

Paula Silinger
Ms. magazine
psilinger@msmagazine.com

Posted by: Paula | October 17, 2008 at 04:29 PM