Considered a danger to women’s health by opponents and a
law necessary to protect minors by supporters, Proposition 73, if
passed, will require new procedures for abortion notification for
minors.
Passage of the proposition on the Nov. 8 special election ballot
would require minors to notify their parents or legal guardians of
an abortion at least 48 hours prior to the procedure, unless the
waiting period would put the mother’s health in danger.
Supporters of the proposition say it would protect minors and
increase support for young girls making the decision to have an
abortion.
Opponents say requiring parental notification is not the only
way to provide support for these girls, and are concerned that for
some parents may not be the best resource.
Supporters say the measure is meant to prevent minors from
making the decision to get an abortion alone.
The proposition does not require the consent of a parent or
legal guardian, only that a parent is aware of the pending
procedure.
A clause within the proposition allows a young woman to get an
abortion without parental notification by obtaining a waiver from
juvenile court, if she appears to the court to be mature enough to
make the decision or if telling her parents would put her in
danger.
Many believe parents have the right to know what their daughters
are doing and can assist them in making safe and appropriate
medical decisions.
Stan Devereux, a member of Parents for 73, a group working to
pass the proposition, said the measure “is about young
children. If a 13-year-old … were to become pregnant, Mom and Dad
should know.”
But telling “Mom and Dad” may not always be the best
option for some girls.
Some fear that requiring girls to tell their parents about an
abortion would cause more to turn to illegal, unregulated abortions
instead of facing their parents.
Baylee DeCastro, a member of the Reproductive Rights Coalition,
a women’s rights advocacy group, said Proposition 73 would
take California “back to a time when women who found
themselves pregnant and did not want to carry a child to term were
forced into back-alley abortions and to endanger their own
lives.”
In addition to concerns about pushing girls to have dangerous,
illegal abortions, some take issue with the proposition because
they say legislation cannot force families to communicate.
“You can’t force people to talk to each
other,” said Alexis Flyer, a co-executive chair of the
Clothesline Project, a group that works to educate society on the
issue of sexual violence.
By requiring minors to notify their parents of an abortion, some
hope to help uncover an abusive situation that a young girl might
be experiencing by bringing it to the attention of a court instead
of allowing a girl to have an abortion without her parents’
knowledge.
“If there is abuse present in her situation, this is her
opportunity to report to the judge the abuse so proper law
enforcement can be notified,” Devereux said.
But some UCLA students oppose the proposition precisely because
there may be situations where, due to abuse, rape or incest, girls
feel they cannot come forward about an abortion.
“If there’s abuse going on in the home, a girl would
be putting herself in danger in order to get parental consent. That
needs to be considered before passing a law,” Flyer said.
“It is really hard for (victims of rape or incest) to
share that … Many people don’t come out for years and years
after they have been raped,” she added.
There are options for a girl who is seeking an abortion besides
publicly coming forward or informing her parents.
Devereux explained that if a girl needed to, she could “go
before a juvenile court judge in a private, confidential setting
and explain the situation.”
If a minor were to choose to take this action, she would be
guaranteed a hearing within three days, provided a temporary
guardian and given monetary aid.
Valerie Edmon, a UCLA student who works with middle school girls
on sex education, has observed that young girls who have a support
system and are informed about sex are more able to make decisions
than those who do not.