It’s crunch-time in California for parental consent foes
One month from tomorrow, Californians will vote for the third time on a measure requiring doctors to notify a parent or responsible adult before a minor girl can get an abortion. In 2005 and 2006, Golden Staters defeated such measures.
But a new Field Poll shows voters narrowly supporting this year’s Prop 4. And legal scholars say that if the measure passes, it will be virtually bulletproof in the courts. The San Jose Mercury News reports:
Among other things, the law includes provisions that have prompted courts to uphold nearly identical laws in other states, such as exceptions for medical emergencies and an outlet for a teen worried about abuse at home to get a judge’s permission to go forward without notifying a parent.
“It would be a very tough initiative to challenge on federal constitutional grounds,” said Erwin Chemerinsky, dean of the University of California at Irvine law school.
Prop 4 would amend the California constitution, making federal courts the only available venue for legal challenges. But federal precedent is stacked high in favor of parental involvement laws, experts say. That means voters who don’t think parents should be involved when a minor girl elects a potentially dangerous surgical procedure will this year have to win at the ballot box and not the courts.
What a concept.




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back to top8 Comments to “It’s crunch-time in California for parental consent foes”
Changing the subject from the economic cataclysm we have (probably) just avoided and what to do to prevent the next one, is certainly a good idea for Republicans. And creating a nanny state is certainly near and dear to their hearts.
I hope it doesn’t work.
BTW, what did anyone here think about what Sarah Palin had to say about civil rights for gays??
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It always amazes me that my daughter couldn’t get an Aspirin without my permission, but she can have a dangerous medical procedure done without my knowledge.
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California ballot issues down frequently win polling at rates like this field poll shows because undecided voters break against ballot initiatives disproportionately. The same issue was polling near these numbers even closer to election day in 2005 and it still lost by 8 points. We can expect 4 to fail, even if it does so by a smaller margin than the 2005 & 2006 votes.
Also I don’t think proponents can count on their historical advantage in the early voting if you compare the McCain and Obama camps respective efforts at encouraging mail in voting.
I’m not that worried about prop 4.
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what did anyone here think about what Sarah Palin had to say about civil rights for gays??
I thought she could have been a little more clear. But I agree that there should be the exact same privileges regarding legal documents, hospital visitation, etc.
I would hope every conservative would feel the same way…maybe I’m wrong.
I just don’t think “sex” should matter in those situations. I don’t care if you are a homosexual “couple” or just two male best friends.
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Wow, reading my post I really mangled English there.
California frequently votes down ballot issues polling at rates like this field polls shows because…
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I want to know what Prop. 1 -3 and 5-7 are about. We know what 4 and 8 are about. If the other 6 Prop’s are as bad as 4 and 8, I hope they all get rejected.
“No” on 4!
“No” on 8!
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Arcadia,
Actually, saying that parents continue to make decisions for their minor children, not the government, is the exact opposite of a “nanny state.”
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Cheryl D: How is backstopping the parents who should have raised a daughter who can talk to them, and maybe even one who didn’t sneak out to have sex, not “a nanny state”.
You are in fact nannying the parents and the child as well.
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