Proposition Summary
WAITING PERIOD AND PARENTAL NOTIFICATION BEFORE TERMINATION OF MINOR'S PREGNANCY. INITIATIVE CONSTITUTIONAL AMENDMENT. Amends California Constitution, prohibiting abortion for unemancipated minor until 48 hours after physician notifies minor's parent/legal guardian, except in medical emergency or with parental waiver. Defines abortion as causing "death of the unborn child, a child conceived but not yet born." Permits minor to obtain court order waiving notice based on clear, convincing evidence of minor's maturity or best interests. Mandates various reporting requirements. Authorizes monetary damages against physicians for violation. Requires minor's consent to abortion, with certain exceptions. Permits judicial relief if minor's consent coerced. SUMMARY OF LEGISLATIVE ANALYST'S ESTIMATE OF NET STATE AND LOCAL GOVERNMENT FISCAL IMPACT: Potential unknown net state costs of several million dollars annually for health and social services programs, the courts, and state administration combined.
Proposition Number
73
Year
2005
Document Type
Proposition
Pass/Fail
Fail
Popular Vote Results
Y:3676592;A:47.2;N:4109430;B:52.8
Election Type
Special Election
Proposition Type
Initiative Constitutional Amendment.
For Author
WILLIAM P. CLARK, California Supreme Court Justice, 1973-1981; MARY L. DAVENPORT, M.D., Fellow of the American College of Obstetricians and Gynecologists; MARIA GUADALUPE GARCIA, Organizing Director Parents' Right to Know and Child Protection/YES ON 73
Against Author
ROBERT L. BLACK, M.D., FAAP, Officer of the Board, American Academy of Pediatrics, California District; RUTH E. HASKINS, M.D., Chair, Committee on Legislation, American College of Obstetricians and Gynecologists, District IX California; DEBORAH BURGER, RN, President, California Nurses Association
Rebuttal Against Author
PROFESSOR TERESA STANTON COLLETT, J.D., National Authority on Parental Notification and Involvement Laws; JANE E. ANDERSON, M.D., FAAP, Clinical Professor of Pediatrics, University of California, San Francisco, School of Medicine; KATHERINE R. DOWLING, M.D., FAAP, FAAFP, Associate Professor Emeritus, Family Medicine University of Southern California, School of Medicine
Recommended Citation
Waiting Period and Parental Notification Before Termination of Minor's Pregnancy. California Proposition 73 (2005).
https://repository.uclawsf.edu/ca_ballot_props/1240