Hot Topic

Proposition 73: Parental Notification of Abortion



LIBRARY
Institute of Governmental Studies
University of California
109 Moses Hall #2370 
Berkeley, CA 94720-2370 
510-642-1472 (voice) 
510-643-0866 (fax)






Statewide Returns from
the California Secretary of State:

Prop. 73: Support 47.2%, Oppose 52.8%

Introduction

This initiative would require doctors to notify a minor's parent or legal guardian 48 hours before performing an abortion. Parental consent is not required, only a 48-hour waiting period. The minor can apply for a waiver from a judge, and a physician may perform an abortion without notification in a medical emergency. The initiative also requires that physicians report abortions, and that the State compile statistics.

Abortion in Californiato top

Many states have laws that require either parental consent or parental notification of abortion for minors (see State Parental Involvement Laws for minors seeking abortion). In 1987 the California Legislature amended state law to require that minors obtain parental consent, but the amendment was challenged in court. A full ten years later, in 1997, the California Supreme Court struck down the law on grounds that it violates the minor's constitutional right to privacy.

Since then activists have shifted their attention from parental consent to parental notification. Several attempts to place initiatives on the ballot have failed to get enough signatures to qualify. The current effort is largely bankrolled by James Holman, owner of the weekly San Diego Reader, Sonoma vintner and former assemblyman Don Sebastiani, and Tom Monaghan, the founder of Domino's Pizza.

to topArguments For and Against

Proponents of the initiative claim that their main concern is the safety of girls, not eliminating abortion. They argue that minors need help to make important health decisions. They claim that the 48-hour waiting period ensures that parents have a realistic opportunity to consult with their daughter and explore her options before she makes an irrevocable decision.

Opponents argue that parental notification laws do nothing to keep teens safe or promote family communication. They hold that the real outcome of these laws is delayed medical care for the most vulnerable teens, putting them at risk for health complications.

Challenge to Initiative
to top
A ballot argument erupted over Proposition 73 (Parental Notification of Abortion) regarding wording in the voter guide written by both supporters and opponents of the initiative. A Sacramento judge gave victories to both sides Aug. 11 by refusing to strike a statement by supporters which declared that parental notification laws in other states had reduced teen pregnancy and abortion rates "without danger and harm to minors.'' However, the judge also refused to strike a statement by opponents which declared that "millions of concerned parents" opposed the initiative. He also ordered opponents to replace wording that said that girls who sought a waiver from a judge would be put "on trial."

to topOfficial Voter Information

Official Voter Information Guide

Campaign Finance:
Individual Campaign Committees
Total Contributions and Expenditures (select "Nov. 2005 election" and "Prop. 73" in dropdown boxes)

Key Websites

Campaign For Teen Safety
Opposition website.

Health Vote
Non-partisan analysis of Prop. 73.

League of Women Voters of California
Prop. 73 site.

NARAL
Fact sheet from Pro-Choice website.

Parents' Right to Know
Campaign website for the initiative.

Planned Parenthood, Golden Gate.
See Help Protect California Teens for arguments against the initiative.


to topPublic Opinion

CA Propositions 75, 76, 77 Defeated; Propositions 73, 74 Could Go Either Way. SurveyUSA, Election Poll #7443, Nov. 7, 2005.

Knowledge Networks 2005 Election Survey. Palo Alto, Hoover Institute, Nov. 7, 2005.

Schwarzenegger Propositions Still Trailing: Three of four ballot initiatives backed by Governor are behind
 and Proposition 75 is now in a dead heat. Support for both prescription drug initiatives falls. Polimetrix poll, Nov. 6, 2005.

"Voters moving to the NO side on each of the three health-related ballot initiatives – Propositions 73, 78 and 79," Field Poll, Release 2175, Nov. 2, 2005.

Propositions 73, 74, 75, 77 Losing Ground. Survey USA, Election Poll #7362, Nov. 1, 2005.

Knowledge Networks 2005 Election Survey. Palo Alto, Hoover Institute, Oct. 17, 2005.
Methodology and results of survey one
Methodology and results of survey two

Baldassare, Mark.
PPIC Statewide Survey: Special Survey on Californians and the Initiative Process. San Francisco: Public Policy Institute of California, October 2005.

"Both prescription drug initiatives, Props. 78 and 79, are leading, but few voters can identify the proponents of each initiative. Voters divided on Prop. 73, the Parental Notification of Teen Abortion initiative," Field Poll, Release 2169, Sept. 6, 2005.

Baldassare, Mark.
PPIC Statewide Survey: Special Survey on Californians and the Initiative Process. San Francisco: Public Policy Institute of California, August 2005.

"Union dues consent initiative getting heavy initial support, as do two drug discount propositions. Voters narrowly back parental notification for teen abortion," Field Poll, Release 2160, June 22, 2005.

"Two-thirds of California voters want no changes or favor easing existing abortion laws," Field Poll, Release 2080, July 31, 2003

"Davis and Simon supporters differ markedly on the issues of abortion and gun control," Field Poll, Release 2043, May 8, 2002

to top Selected Newspaper Articles and Reports

The following citations include links to full-text online when available. For more info, see Tips for Finding Full-Text Articles.

Garofoli, Joe.
"Assessing the vote:GOP sees fired-up base after close vote on Prop. 73," San Francisco Chronicle, Nov. 10, 2005.
San Francisco Chronicle

Lucas, Greg.
"Abortion: Measure that would require doctors to notify parents of underage girls 48 hours before procedure trails by narrow margin," San Francisco Chronicle, Nov. 9, 2005.
San Francisco Chronicle

Warren, Jenifer.
"Abortion Proposition Finds Its Forum in the Churches: In pulpits and fliers, the little-publicized ballot measure's profile is raised among faithful," Los Angeles Times, Nov. 7, 2005.
NewsBank (UCB)

Ranganathan, Deepa.
"They can't vote, but teens sound off on Prop. 73," Sacramento Bee, Nov. 5, 2005.
NewsBank (UCB)

Finnegan, Michael.
"Voters Support Parental Notice: Respondents narrowly favor the abortion initiative. They are leaning against two prescription-drug discount measures," Los Angeles Times, Nov. 3, 2005.
NewsBank (UCB)

May, Meridith.
"Teen girls anxious about abortion-notification measure," San Francisco Chronicle, Nov. 4, 2005.
San Francisco Chronicle

Davis, Aaron C.; Folmar, Kate.
"Campaigns make final pitches: Field poll shows abortion-notification measure trailing," San Jose Mercury News, Nov. 2, 2005.
NewsBank (UCB)

Warren, Jenifer.
"Abortion Effort Isn't Untested," Los Angeles Times, Nov. 2, 2005.
NewsBank (UCB)

Lucas, Greg.
"Field Poll: Props. 73, 78 and 79 are also trailing" Reasons vary, but governor's plan isn't one of them." San Francisco Chronicle, Nov. 2, 2005.
San Francisco Chronicle

LaMar, Andrew.
"Voters split on requiring parent notice of abortion," Contra Costa Times, Oct. 31, 2005.
NewsBank (UCB)

Hecht, Peter.
"Playing on fears of illicit abortion," Sacramento Bee, Oct. 28, 2005.
NewsBank (UCB)

Gledhill, Lynda.
"Governor's ballot not faring well: Poll finds support for measures weak," San Francisco Chronicle, Oct. 28, 2005.
San Francisco Chronicle

Lucas, Greg.
"Foes of under-age abortion measure start TV ad campaign," San Francisco Chronicle, Oct. 17, 2005.
San Francisco Chronicle

Egelko, Bob.
"Abortion issue's opponents wary of the fine print," San Francisco Chronicle, Oct. 26, 2005.
San Francisco Chronicle

Hecht, Peter.
"Abortion: Judges in spotlight: Some worry notification law is too vague to rule on a minor's maturity," Sacramento Bee, Oct. 24, 2005.
NewsBank (UCB)

Proposition 73: Parental Notification: 2005 Special Election Analyses, USC CAlifornia Policy Institute, Oct. 2005.
Analysis
Summary Points

Wisckol, Martin.
"Abortion debate's message: Both sides of Prop. 73 agree parental consent to reduce California's teen abortions will spur surgeries out of state," Orange County Register, Oct. 22, 2005.
NewsBank (UCB)

Herdt, Timm.
"A scorecard on abortion?" Ventura County Star, Oct. 19, 2005.
NewsBank (UCB)

Hillenmeyer, Katy.
"Parental right to know: Measure calls for parents to be told before teen abortions," Press Democrat, Oct. 17, 2005.
NewsBank (UCB)

[Opinion]
"Stop the Schwarzenegger power grab. Yes on 79, no on 78. Sandoval for assessor. Complete recommendations for the Nov. 8 election," San Francisco Bay Guardian, Oct. 13, 2005.
San Francisco Bay Guardian

Finnegan, Michael.
"Praise the Lord and Pass the Initiatives: State GOP hires a Bush campaign veteran to get evangelicals to the polls. Abortion is the draw," Los Angeles Times, Oct. 13, 2005.
NewsBank (UCB)

[Opinion].
"A clash of rights," San Francisco Chronicle, Oct. 13, 2005.
San Francisco Chronicle

Wisckol, Martin.
"Prop. 73 debate targets more than abortion," Orange County Register, Oct. 12, 2005.
NewsBank (UCB)

[Opinion].
"Times Endorsements: Wrong proposition," Los Angeles Times, Oct. 9, 2005.
NewsBank (UCB)

Sheppard, Harrison.
"Proposition 73 would require parental notice: Pro: Parents should know about medical procedures on their underage children," Long Beach Press-Telegram, Oct. 10, 2005.
NewsBank (UCB)

Warren, Jennifer.
"Little Notice, but a Lot of Emotion: Prop. 73, dealing with parental notification for girls under 18 seeking an abortion, divides voters who otherwise share common ground," Los Angeles Times, Oct. 3, 2005.
NewsBank (UCB)

Lucas, Greg.
"Prop. 73: next battle over abortion rights: Initiative to require doctor to notify a minor's parents," San Francisco Chronicle, Sept. 29, 2005.
NewsBank (UCB)

Schrag, Peter [Opinion].
"The governor makes the election choices easy," Sacramento Bee, Sept. 28, 2005.
NewsBank (UCB)

Salladay, Robert; Morain, Dan.
"Gov. Donates $1.25 Million, Backs 6 Initiatives," Los Angeles Times, Sept. 24, 2005.
NewsBank (UCB)

Leff, Lisa.
"Abortion foes hope to limit access for state's minors," Ventura County Star, Sept. 18, 2005.
NewsBank (UCB)

Hecht, Peter.
"Voters split on dueling drug measures: Industry-backed plan is slightly ahead, but both losing ground," Sacramento Bee, Sept. 6, 2005.
NewsBank (UCB)
Lucas, Greg.
"Support slips for plan pushed by drug firms: Neither low-income prescription initiative backed by majority," San Francisco Chronicle, Sept. 6, 2005.
San Francisco Chronicle

"Nov. 8 Election: Voters Don't See It as Special: In interviews around the state, Californians ask why they're being summoned to the polls yet again. They also have words for the governor," Los Angeles Times, Sept. 4, 2005.
NewsBank (UCB)

Marinucci, Carla
"Governor's numbers fall even lower in poll: None of his ballot measures wins majority backing," San Francisco Chronicle, Aug. 25, 2005.
San Francisco Chronicle

Hecht, Peter.
"Publisher's cash, passion fuel anti-abortion effort," Sacramento Bee, Aug. 11, 2005.
NewsBank (UCB)

Warren, Jenifer.
"Suits Filed on Abortion Ballot Item: Both sides are accused of submitting misleading wording for the voter pamphlet on the plan to require notification of minors'parents," Los Angeles Times, Aug. 6, 2005.
NewsBank (UCB)

Morain, Dan; Vogel, Nancy.
"2005 political fundraising at $226 million: National drug firms supporting Prop. 78 on the fall ballot lead the way in candidates' and causes' efforts to build war chests," Los Angeles Times, Aug. 2, 2005.
NewsBank (UCB)

Hubbell, John M.
"Union dues initiative drawing early support: 57% back measure to trim political power of public employee unions," San Francisco Chronicle, June 23, 2005.
San Francisco Chronicle

Furillo, Andy.
"Union dues measure leads in early poll: Labor consultant says margin will narrow as campaign unfolds," Sacramento Bee, June 23, 2005.
NewsBank (UCB)

Benefield, Kerry.
"Sebastiani joins push to restrict teen abortions: Measure would require girls under 18 to wait 48 hours, notify parents," Press Democrat, May 31, 2005.
NewsBank (UCB)

Delsohn, Gary.
"Abortion measure to be on ballot: Proposed constitutional amendment would place restrictions on minors," Sacramento Bee, May 17, 2005.
NewsBank (UCB)

Sheppard, Harrison.
"Five measures may make state ballot," San Bernardino Sun, May 11, 2005.
NewsBank (UCB)

Wildermuth, John.
"Abortion initiative shifts vote climate: Special election would no longer belong to governor," San Francisco Chronicle, Apr. 15, 2005.
NewsBank (UCB)

LaMar, Andrew.
"Abortion initiative allies to turn in 950,000 names," Sacramento Bee, Apr. 13, 2005.
NewsBank (UCB)

LaMar, Andrew.
"Abortion measure lurking in the shadows," Sacramento Bee, Mar. 29, 2005.
NewsBank (UCB)

Delsohn, Gary.
"Abortion-rights battle shaping up: The ballot plan would require parents of minors to be notified at least 48 hours in advance," Sacramento Bee, Mar. 27, 2005.
NewsBank (UCB)

Schnayerson, Ben.
"Abortion debate looms anew: Ballot issue requires girls under 18 to tell parents," San Bernardino County Sun, Nov. 26, 2004.
NewsBank (UCB)

Prepared by the staff of the IGS Library.
Send comments to igsl@uclink.berkeley.edu.		 to top