California Proposition 4 Creates Reasonable Restrictions On Abortion
October 13th, 2008
The Issue: California Proposition 4, the Waiting Period and Parental Notification Before Termination of Minor’s Pregnancy Constitutional Amendment, will be considered by California voters this November. This measure would require notification of a parent, guardian or family member 48 hours before an abortion is performed. Is Proposition 4 the correct direction for California’s social policy?
The California Legislative Analyst’s Office is the department of the California government that provides impartial analysis of proposed legislation. See the LAO’s report of Proposition 4 here.
Proposition 4 is the third try by the Socially Conservative Right to put limits on abortion. Both of the previous attempts have been rejected by the California Voters; however, it is important to judge each proposition based on it’s individual merits. This notification measure is not the same as the ones in the past and should be judged independently.
Firstly, it is important to mention that this measure is fairly budget neutral, meaning that this proposition will not have a significant effect on the California budget if it passes. I have frequently advocated against programs that I thought might be good for California because I thought they were too costly. According to the LAO, similar measures in other states have not created significant changes in the birth rates for those states, and have not increased cost to the state. This means choosing whether or not to support this measure is not a question of money, but a social issue.
Secondly, let me preface my argument by saying that I support a women’s right to choose. If women aren’t ready to have children, especially in the case of minors where the entire family will be affected, they should have options, including adoption and abortion.
Both sides of the Proposition 4 debate have ridiculous arguments. On the yes side, advocates claim this law will stop sexual predators who have sex with young girls and pay for the abortions to cover it up. On the no side, you have people who claim fathers will beat and rape their daughters or would disown their daughters if they got pregnant (also ridiculous). Most teenage pregnancies occur because of sexually active teenagers who have sex without protection, not from predators or their own parents.
Despite this, there is some merit to the notion of notifying a family member before a girl gets an abortion. If a girl is 15 and pregnant, she should tell her guardians. The reason she doesn’t want to tell them is probably a fear of punishment or perhaps their pride or concern of losing face with family and friends. Sure their parents will be upset, maybe even furious, but they need to know. They are the ones who will probably pay the money for the abortion or help raise the child if the teenager decides to have the child.
Minors cannot be given an aspirin at school if they don’t have parental permission, but they can have a chemically or physically induced abortion. This statute will merely line up abortion notification with the requirements for many other medical procedures.
Position: Vote Yes on the Waiting Period and Parental Notification Before Termination of Minor’s Pregnancy Constitutional Amendment.
Many on the Pro-Choice say this is just a step in the direction of making abortion illegal. The legality of abortion is a matter for the US Supreme Court, but establishing reasonable protections for minors who don’t always make the most educated decisions is not only within California’s jurisdiction, but is the state’s responsibility.
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