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Proposition
73, called the Parents' Right to Know Act by its sponsors,
is a constitutional amendment that would prevent minors from
having an abortion until 48 hours after a doctor has informed
their parents or legal guardians in writing. Parents who had
been told of the procedure could waive the notification delay,
which the initiative terms a "reflection period." Doctors
could also waive the notification if they deemed the abortion
a medical emergency. A judicial bypass would also be provided
for cases of physical or sexual abuse by the parent or guardian,
and a minor would be guaranteed access to the juvenile court
if she is being coerced to have an abortion.
The initiative would require physicians who perform abortions on minors to file reports with the state Department of Health Services. The department would be required to make public a statistical report on abortions on minors, which includes numbers by month and county, minors' ages, stages of pregnancy, types of procedures, number of emergency procedures and number of judicial bypasses.
The issue of parental notification and involvement has been debated in the state Legislature and through the initiative process since the 1970s.
In 1987, lawmakers passed a law to require girls younger than 18 to obtain permission from their parents for an abortion. The law was immediately appealed by Planned Parenthood and enjoined by the courts from going into effect.
In 1996, the state Supreme Court upheld the constitutionality of the law. The following year, after two justices retired and were replaced, the court took the unusual step of reconsidering its vote. In July 1997, the court struck down the law as a violation of privacy rights in the state Constitution.
Since that time, several attempts to place a parental notification law on California's ballot failed.
Life on the Ballot, the campaign committee for Proposition 73, spent $1.3 million to collect more than 1 million signatures, 682,131 of which the California secretary of state's office estimated were valid.
Gov. Arnold Schwarzenegger has endorsed the concept of parental notification but has not taken a position on Proposition 73, a spokesman in the governor's press office told The Catholic Herald, Sacramento diocesan newspaper, Aug. 26.
The Catholic Bishops of California have strongly endorsed the proposition and are urging churches to engage in voter education with their parishioners.
Groups
including Planned Parenthood and the American Civil Liberties
Union are expected to vigorously oppose the initiative.
According to a poll released Aug. 25 by the San Francisco-based Public Policy Institute of California, Proposition 73 is closely contested. Forty-eight percent of those surveyed oppose the measure while 44 percent support it and 8 percent are undecided. The poll surveyed 2,004 state residents -- including 1,556 registered voters and 988 likely voters -- Aug. 8-15.
Carol Hogan, associate director for pastoral projects and communications at the California Catholic Conference, said the bishops' public policy office will provide English- and Spanish-language educational materials about Proposition 73 to pastoral leaders in the state's 12 dioceses. Editor's note: See www.cacatholic.org for more information about educational materials.
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