California Proposition 73, Parental Notification for Minor's Abortion (2005)
Proposition 73 would have established a mandatory waiting period and parental notification before a minor could obtain an abortion. Similar propositions (Prop 85 on the 2006 ballot and Prop 4 on the 2008 ballot) were tried in later years, and also lost.
Proposition 73's ballot title said, "Amends California Constitution, defining and prohibiting abortion for unemancipated minor until 48 hours after physician notifies minor's parent/guardian, except in medical emergency or with parental waiver. Mandates reporting requirements. Authorizes monetary damages against physicians for violation."
The official summary said:
- 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.
The fiscal estimate provided by the California Legislative Analyst's Office said:
- Potential unknown net state costs of several million dollars annually for health and social services programs, the courts, and state administration combined.
- Official California Voter Guide to Proposition 73
- Smart Voter Guide
- California Voter Foundation Guide
- Summary of donors to and against 73
- Official election results