Voters to decide on abortion measure

By Brent VonCannon
The Collegian

California’s myriad of proposed ballot initiatives just wouldn’t be complete without the subject of abortion raising its divisive head, and this year’s election is no exception. Voters will again get the chance to decide the extent of legal rights for minors seeking abortions with Proposition 85.

Under Proposition 85, the state constitution would be amended to prohibit abortions for minors until 48 hours after the physician notifies the minor’s parent or legal guardian, with a few exceptions. Parental consent would not be required. Minors who are married or who are not in the custody of a parent or guardian would be exempted.

Exceptions to the proposition include medical emergencies, when a waiver is signed by a parent or guardian in advance, or when a court approves a waiver by determining it to be in the pregnant minor’s best interest.

Alvin Rhomberg, spokesperson for the Yes on 85 campaign, said his organization is optimistic of their chances even though a similar initiative, Proposition 73, went down to defeat just last year. Supporters of the proposition point out that a minor in school can’t get a flu shot or even an aspirin without the parent being informed. They therefore claim it is only common sense to inform the parent when something as serious as abortion — with its potential health risks and side effects — is considered.

“When secret abortion is available, it facilitates a climate for abuse and reckless behavior,” Rhomberg said. “Under these [parental notification] laws, parents are more alert and helpful to their children.

Minors often don’t know their own health history and possible complications. Parental involvement and communication is important.”

Opponents of Proposition 85 have no problem with parents knowing about the health-related choices of their children, but fear that some minors would be at a greater risk if the proposition is mandated.

They point out that not everyone lives in a safe home and that some parents are violent and sexually abusive. Fearing punishment, these minors could attempt dangerous back-alley abortions or even suicide, opponents claim.

Jessica Langtry, spokesperson for the Campaign for Real Teen Safety, the main group opposing Proposition 85, said that family dynamics in California vary widely.

“Most teenage girls are already talking with their parents about pregnancy issues,” Langtry said.

“We’re worried about the minority who can’t go to their parents.”

Langtry’s group is taking nothing for granted in the rematch fight. “We have to get past the sound bites and educate voters on the consequences,” Langtry said. “Voters need to ask questions like, ‘Why do we need it?’ and ‘Who’s behind it?’ Those lobbying for this initiative want to ban all abortions.”

That sentiment was echoed by Valerie Gonzales, a senior liberal studies major. “Requiring the parents to know goes against a girl’s right to choose,” Gonzales said. “The girl should have the choice herself and then live with the consequences.”

But freshman Jena Harper, a nursing major, said she hasn’t made up her mind on the issue. “If it’s your body, you feel like you should choose to do what you want with it,” Harper said. “But if you haven’t experienced that decision, it seems more morally correct to let the parents know about it. If I were a parent and had a teenage daughter, I’d like to know.”

None of the eight initiatives on last fall’s ballot passed, but Proposition 73 came closest to passing, losing by 5.6 percent of the vote. Rhomberg said when voters look at each proposition individually, instead of as part of a package like Gov. Schwarzenegger’s unpopular “reform” agenda last year, they will favor it based on its merits.

According to the official state Voter’s Guide, the history of California’s current fight over pregnancy rights can be traced back to 1953, when a state law was passed allowing minors to receive the same types of medical care for a pregnancy as was available for adults, without parental consent or notification. This was before abortion was legalized.

This law evolved to include abortion rights for minors until, in 1987, the Legislature amended the law to require the consent of a parent or court before a minor could proceed with an abortion. The amended law never took effect as it was blocked by the courts and eventually struck down by the California Supreme Court in 1997.

Currently, minors receive abortion services the same as adults do and are afforded the same rights in all trimesters of pregnancy.

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