The California Catholic Conference of Bishops supports Proposition 73, Termination of Minor's Pregnancy. Waiting Period and Parental Notification. Initiative Constitutional Amendment, which will appear on the November 2005 ballot.
The proposed law, which has been called the Parents Right to Know by its sponsors, would require notification of the parent(s) or guardian(s) of a minor 48 hours before she obtains an abortion, unless a judge determines that such notification places the minor in danger.
The initiative states: "The People of California have a special and compelling interest in and responsibility for protecting the health and well-being of children, ensuring that parents are properly informed of potential health-related risks to their children, and promoting parent-child communication and parental responsibility." We concur fully in the guarantee of these fundamental parental rights.
We hold that both the young woman's welfare and society's common good are best served when family communication is promoted in public policy. A minor faced with a serious emotional, psychological and medical decision needs her parents --- their love, their wisdom, their counsel. In addition, society's common good is enhanced when family integrity is honored and parental responsibility is respected.
Our Catholic Catechism teaches that the family is the "privileged community" wherein children are meant to grow in wisdom, stature and grace. We are also counseled to work with public authorities to ensure that the family's prerogatives are not usurped. (1)
We are convinced that "the Church must be committed to the task of educating and supporting…people involved in law-making, government and the administration of justice, so that legislation will always reflect those principles and moral values which…advance the common good." (2)
We strongly encourage Catholics in our state to offer their full support in promoting Proposition 73 as good public policy, and in exercising their citizenship in voting for it in November.
(1) Catechism of the Catholic Church, nos. 2206-2209.
(2) "The Church in America," No. 19, quoting Synod for America, proposition 72, included in the Pastoral Plan for Pro-Life Activities, 2001.
Proposition 73: History
In 1987 a statute that required parental consent before a minor's abortion was put into law, although it was immediately appealed by Planned Parenthood, and enjoined from going into effect by the Courts. In the spring of 1996 the California Supreme Court, upheld its constitutionality, but shortly thereafter two of the justices retired and were replaced. The newly constituted Court called for reconsideration of the issue, and in July 1997 ruled the abortion consent law unconstitutional.
Studies conducted in the late 1990s show that both teenage pregnancies and abortions decreased more in states with a requirement for notification rather than consent for a minor's abortion. Between 1997 and 2005, there were several failed attempts to qualify a parental notification initiative.
In May 2005, the Parents' Right to Know initiative qualified for the November ballot as Proposition 73. The initiative, with the formal title of Termination of Minor's Pregnancy. Waiting Period and Parental Notification. Initiative Constitutional Amendment, proposes to both amend the California Constitution and place in law the mandate that parents receive notice at least 48 hours before their minor daughter undergoes an abortion --- with a suitable judicial bypass provided for those minors who need protection. In addition, Proposition 73 mandates record-keeping on minors' abortions and provides access to juvenile courts for minors being coerced to have an abortion. |