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{{CAConstitution}}{{TOCnestright}}'''California Proposition 85''' was on the [[California 2006 ballot propositions#November 7, 2006 ballot propositions|November 7, 2006 ballot]] in [[California]] as an {{icafull}} where it was '''defeated'''. The measure was designed to allow parental notification before termination of a minor's pregnancy. The measure failed with 54% of the electorate voting against the measure. The largest contributor to the cause was the "Campaign for teen safety no on 85" committee which raised $6,709,585. <ref>http://www.followthemoney.org/database/StateGlance/ballot.phtml?si=20065&m=28</ref>
+
{{TOCnestright}}'''California Proposition 85''', the '''Parental Notification Initiative''', was on the [[California 2006 ballot propositions#November 7|November 7, 2006 ballot]] in [[California]] as an {{icafull}}, where it was '''defeated'''.  
  
The petition drive to qualify the measure for the ballot was conducted by [[Bader & Associates]], a petition management company owned by Tom Bader and Joy Bader.
+
Proposition 85 would have required parental notification (with some exceptions) before termination of a minor's pregnancy.  
  
==Objective of the initiative==  
+
In 1953, a law was enacted in [[California]] that allowed minors to receive an abortion without parental consent or notification. In 1987, the [[California State Legislature]] amended the 1953 law to require minors to obtain the consent of either a parent or a court before obtaining an abortion. The 1987 law was challenged in court and was never enforced. The [[California Supreme Court]] struck it down altogether in 1997.<ref name=analysis/>
  
Proposition 85 had several objectives:
+
In 2005, supporters of parental notification first tried using the state's ballot initiative process to require parental notification.  [[California Proposition 73, Parental Notification for Minor's Abortion (2005)|Proposition 73 (2005)]] failed, with 47.3% of the vote.  After Proposition 85 also failed, parental notification supporters qualified [[California Proposition 4, Parental Notification for Minor's Abortion (2008)|Proposition 4]] for the [[California 2008 ballot propositions|2008 ballot]].  Proposition 4 also failed.
  
*  Amends California Constitution to prohibit abortion for unemancipated minor until 48 hours after physician notifies minor’s parent or legal guardian, except in medical emergency or with parental waiver.
+
==Specifics==
  
* Permits minor to obtain court order waiving notice based on clear and convincing evidence of minor’s maturity or best interests.
+
Proposition 85 would have required a physician (or his or her representative) to notify the parent or legal guardian of a pregnant minor at least 48 hours before performing an abortion involving that minor. Proposition 85 would not have required a physician or a minor to obtain the consent of a parent or guardian. Proposition 85 defined a minor as an unemancipated female under the age of 18 who had not entered into a valid marriage, was not on active duty in the armed services of the United States, and had not been declared free from her parents’ or guardians’ custody and control under state law.<ref name=analysis>[http://www.voterguide.sos.ca.gov/past/2006/general/props/prop85/analysis85.htm ''California Voter Guide'', LAO Analysis]</ref>
  
* Mandates various reporting requirements, including reports from physicians regarding abortions performed on minors.
+
The notification required under Proposition 85 could have occurred either through:
  
* Authorizes monetary damages against physicians for violation.
+
* Personal Written Notification. "Written notice could be provided to the parent or guardian personally—for example, when a parent accompanied the minor to an office examination."
 +
* Mail Notification. "A parent or guardian could be sent a written notice by certified mail so long as a return receipt was requested by the physician and delivery of the notice was restricted to the parent or guardian who must be notified. An additional copy of the written notice would have to be sent at the same time to the parent or guardian by first-class mail."<ref name=analysis/>
  
 +
==Election results==
 +
 +
{{Short outcome
 +
| title = Proposition 85
 +
| yes = 3,868,714
 +
| yespct = 45.8
 +
| no = 4,576,128
 +
| nopct = 54.2
 +
}}
 +
 +
==Constitutional changes==
 +
 +
If Proposition 85 had been approved, it would have '''added''' a '''new''' [[Article I, California Constitution#Section 32|Section 32 to Article I]] of the [[California Constitution]].
 +
 +
==Text of measure==
 +
===Title===
 +
 +
The [[ballot title]] was:
 +
 +
<center>'''Waiting Period and Parental Notification Before Termination of Minor's Pregnancy. Initiative Constitutional Amendment.'''</center>
 +
 +
===Question===
 +
 +
[[File:Proposition 85 2006.PNG|right]]
 +
The question on the ballot was:
 +
 +
:"Should the California Constitution be amended to require notification of a parent or legal guardian of an unemancipated pregnant minor at least 48 hours prior to performing an abortion?"
 +
 +
===Summary===
 +
 +
The [[ballot summary (California)|official summary]] provided to describe Proposition 85 said:
 +
 +
* Amends California Constitution to prohibit abortion for unemancipated minor until 48 hours after physician notifies minor’s parent or legal guardian, except in medical emergency or with parental waiver.
 +
* Permits minor to obtain court order waiving notice based on clear and convincing evidence of minor’s maturity or best interests.
 +
* Mandates various reporting requirements, including reports from physicians regarding abortions performed on minors.
 +
* Authorizes monetary damages against physicians for violation.
 
* Requires minor’s consent to abortion, with certain exceptions.
 
* Requires minor’s consent to abortion, with certain exceptions.
 +
* Permits judicial relief if minor’s consent coerced.
  
* Permits judicial relief if minor’s consent coerced. <ref>http://www.voterguide.sos.ca.gov/props/prop85/prop85.html</ref>
+
===Fiscal impact===
  
==Text of the proposition==
+
:: ''See also: [[Fiscal impact statement]]''
The text of the proposed law can be found here <ref>http://www.voterguide.sos.ca.gov/pdf/prop85_text.pdf</ref>
+
  
==Arguments for the initiative==
+
The fiscal estimate provided by the [[California Legislative Analyst's Office]] said:
  
* Will lower number of abortions
+
* "Potential unknown net state costs of several million dollars annually for health and social services programs, court administration, and state health agency administration combined."
  
* Will protect sexually abused teenage girls from future abuse
+
==Support==
 +
[[File:Yes on 85.PNG|thumb|500px|Website banner of the "Yes on 85" campaign]]
 +
===Supporters===
  
* Similar laws in other states have enjoyed much success
+
The [[California Voter Guide (official)|official voter guide]] arguments in favor of Proposition 85 were signed by:
  
Main proponents: William P. Clark California Supreme Court Justice (Ret.), Mary L. Davenport MD. Fellow
+
* William P. Clark, a retired justice of the [[California Supreme Court]]
American College of Obstetricians and Gynecologists  
+
* Mary L. Davenport, M.D., a Fellow of the American College of Obstetricians and Gynecologists
 +
* Professor Joseph R. Zanga, M.D., FAAP, a past president of the American Academy of Pediatrics
 +
* Professor Teresa Stanton Collett, J.D.
 +
* Jane E. Anderson, M.D., FAAP, a clinical professor of pediatrics<ref name=arguments/>
  
==Arguments against the initiative==
+
===Arguments in favor===
  
* Won't reduce teen pregnancy;
+
The arguments presented in the [[California Voter Guide (official)|official voter guide]] in favor of Proposition 85 were:
* Won't  stop child predators;
+
* Will delay urgent medical care;
+
* [[California Supreme Court]] found similar laws have not worked.
+
  
Main Opponents: Donna W. Chipps, Executive Vice President, League of Women Voters of California; Bo Greaves, President,
+
* Puts parents in a position to "help young daughters with the serious physical, emotional, or psychological complications which may result from an abortion".
California Academy of Family Physicians.
+
* Puts parents in a position to "protect their daughters from further sexual abuse, exploitation, and pregnancies."
 +
* "Parents and daughters in more than 30 other states have benefited for years from laws like Proposition 85. Many times, after such laws pass, there have been substantial reductions in pregnancies and abortions among minors."
 +
* Under the terms of Proposition 85, minors can petition the court to bypass its parental notification requirements.<ref name=arguments/>
  
==Campaign finance==
+
===Donors===
  
Donors for the campaign '''for''' the measure:<ref> [http://www.followthemoney.org/database/StateGlance/ballot.phtml?m=28 ''Follow the Money'', "Donors"]</ref>
+
$3,808,873 was contributed to the campaign in favor of a "yes" vote on Proposition 85.<ref> [http://www.followthemoney.org/database/StateGlance/committee.phtml?c=1965 ''Follow the Money'', "Donors to Yes on 85"]</ref>
  
* YES ON 85: $3,800,412
+
Donors of $50,000 or more were:
* CATHOLICS FOR 85: $8,461
+
* Total: $3,808,873
+
  
Donors for the campaign '''against''' the measure:
+
{{donor box}}
 +
|-
 +
| [[James Holman]]
 +
| align="right" | $2,136,270
  
* CAMPAIGN FOR TEEN SAFETY-NO ON 85: $6,709,585
+
|-
* NO ON 85: $481,624
+
| [[Don Sebastiani]]
* CITIZENS FOR RESPONSIBLE ELECTIONS: $30,000  
+
| align="right" | $475,000
* CMTE FOR CALIFORNIAS FUTURE: $29,500
+
* VOTE NO ON PROP 85: $4,429
+
* Total: $7,255,137
+
* Overall Total: $11,064,011
+
  
==External links==
+
|-
 +
| Robin P. Arkley, II
 +
| align="right" | $137,000
  
*[http://www.voterguide.sos.ca.gov/props/prop85/analysis85.html Legislative analysis of the bill]  
+
|-
*[http://ca.lwv.org/lwvc/edfund/elections/2006nov/pc/prop85.html Analysis by League of Women Voters]
+
| Lenawee Trust
*[http://yeson85.net/ Yes on 85 site]
+
| align="right" | $75,000
*[http://www.aclu-sc.org/prop85/ No on 85 ACLU site]
+
 
*[http://www.healthvote.org/index.php/site/prop_home/C36/ Nonpartisan information site]
+
|-
*[http://www.followthemoney.org/database/StateGlance/ballot.phtml?si=20065&m=28 Follow the Money on Proposition 85]
+
| Christian Community Theater
 +
| align="right" | $50,000
 +
 
 +
|-
 +
| Serving Hands International
 +
| align="right" | $50,000
 +
 
 +
|}
 +
 
 +
==Opposition==
 +
[[File:No on 85.PNG|thumb|400px|"No on 85" website banner]]
 +
===Opponents===
 +
 
 +
The [[California Voter Guide (official)|official voter guide]] arguments opposing Proposition 85 were signed by:
 +
 
 +
* Jack Lewin, M.D., CEO, California Medical Association
 +
* Robert L. Black, M.D., American Academy of Pediatrics, California District
 +
* Kathy Kneer, CEO, Planned Parenthood Affiliates of California
 +
* Donna W. Chipps, Executive Vice President, League of Women Voters of California
 +
* Bo Greaves, M.D., President, California Academy of Family Physicians
 +
* Jeanne A. Conry, M.D., vice-chair, The American College of Obstetricians and Gynecologists, District IX California<ref name=arguments/>
 +
 
 +
===Arguments against===
 +
 
 +
The arguments presented in the [[California Voter Guide (official)|official voter guide]] opposing Proposition 85 were:
 +
 
 +
* While parental involvement is valuable, "in the real world, some California teenagers come from homes where they can’t talk to their parents, where there is violence, or where a family member has sexually abused them."
 +
* For teens who can't or won't go to their parents, "Proposition 85 forces these teens to delay critical medical care or turn to self-induced or illegal back-alley abortions. Some will go across the border; some will suffer serious injuries or even consider suicide."
 +
* "The [[California Supreme Court]] found 'overwhelming' evidence that similar laws in other states cause real harm to teenagers and families."<ref name=arguments>[http://www.voterguide.sos.ca.gov/past/2006/general/props/prop85/argue_rebutt85.htm ''California Voter Guide'', "Arguments for and against Proposition 85"]</ref>
 +
 
 +
===Donors===
 +
 
 +
'''$7,255,137''' was contributed to the campaign in favor of a "no" vote on Proposition 85.<ref> [http://www.followthemoney.org/database/StateGlance/committee.phtml?c=1951 ''Follow the Money'', "Donors to No on 85"]</ref>
 +
 
 +
Donors of $100,000 or more were:
 +
 
 +
{{donor box}}
 +
|-
 +
| Planned Parenthood of Mar Monte
 +
| align="right" | $904,744
 +
 
 +
|-
 +
| Planned Parenthood of Los Angeles County
 +
| align="right" | $838,618
 +
 
 +
|-
 +
| Planned Parenthood (Shasta Diablo)
 +
| align="right" | $556,344
 +
 
 +
|-
 +
| Planned Parenthood of Orange and San Bernardino Counties
 +
| align="right" | $545,418
 +
 
 +
|-
 +
| Planned Parenthood (Golden Gate)
 +
| align="right" | $375,455
 +
 
 +
|-
 +
| Planned Parenthood of San Diego and Riverside Counties
 +
| align="right" | $323,685
 +
 
 +
|-
 +
| Planned Parenthood of Santa Barbara, Ventura and San Luis Obispo Counties
 +
| align="right" | $259,696
 +
 
 +
|-
 +
| Planned Parenthood Affiliates of California
 +
| align="right" | $192,290
 +
 
 +
|-
 +
| [[Rebecca Q. Morgan]]
 +
| align="right" | $175,000
 +
 
 +
|-
 +
| California Family Health Council
 +
| align="right" | $108,035
 +
 
 +
|-
 +
| George M. Marcus
 +
| align="right" | $100,000
 +
 
 +
|-
 +
| [[Susan Packard Orr]]
 +
| align="right" | $100,000
 +
|}
 +
 
 +
==Path to the ballot==
 +
 
 +
[[File:Clipboard48.png|125px|right|link=California ballot initiative petition signature costs#2006]]
 +
:: ''See also: [[California signature requirements]]''
 +
 
 +
As an {{icafull}}, 598,105 valid signatures were required to qualify Proposition 85 for the ballot.  The signatures were collected by [[Bader & Associates, Inc.]], a petition management company owned by Tom Bader and Joy Bader, at a cost of $2,527,615.47.<ref>[http://cal-access.ss.ca.gov/Campaign/Committees/Detail.aspx?id=1257969&session=2005&view=expenditures ''Cal-Access'', "Yes on 85 expenditures"]</ref>
 +
 
 +
:: ''See also: [[California ballot initiative petition signature costs#2006|California ballot initiative petition signature costs]]''
 +
 
 +
==External links==
 +
{{submit a link}}
 +
* [http://www.voterguide.sos.ca.gov/past/2006/general/props/prop85/prop85.htm Official California Voter Pamphlet information about Proposition 85]
 +
* [http://librarysource.uchastings.edu/ballot_pdf/2006g.pdf PDF of the mailed November 7, 2006 voter guide for Proposition 85]
 +
* [http://ca.lwv.org/lwvc/edfund/elections/2006nov/pc/prop85.html Proposition 85 in the Smart Voter Guide]
 +
* [http://igs.berkeley.edu/library/research/quickhelp/elections/2006general/Prop85.html Analysis of Proposition 85] from the [[Institute of Governmental Studies]]
 +
* [http://www.calvoter.org/voter/elections/2006/general/props/prop85.html Guide to Proposition 85] from the [[California Voter Foundation]]
 +
* [http://cal-access.ss.ca.gov/Campaign/Measures/Detail.aspx?id=1283871&session=2005 Summary of donors to and against 85] from [[Cal-Access]]
 +
* [http://www.followthemoney.org/database/StateGlance/ballot.phtml?m=41 Donors for and against Proposition 85] from [[Follow The Money]]
 +
* [http://yeson85.net/ Yes on 85 advocacy website] (still live as of July 2011)
 +
* [http://www.sos.ca.gov/elections/sov/2006_general/sum_amended.pdf Official declaration of the November 7, 2006 results on ballot propositions]
  
 
==References==
 
==References==
<references />
+
{{reflist}}
  
 
{{california}}
 
{{california}}

Revision as of 08:28, 1 January 2014

California Proposition 85, the Parental Notification Initiative, was on the November 7, 2006 ballot in California as an initiated constitutional amendment, where it was defeated.

Proposition 85 would have required parental notification (with some exceptions) before termination of a minor's pregnancy.

In 1953, a law was enacted in California that allowed minors to receive an abortion without parental consent or notification. In 1987, the California State Legislature amended the 1953 law to require minors to obtain the consent of either a parent or a court before obtaining an abortion. The 1987 law was challenged in court and was never enforced. The California Supreme Court struck it down altogether in 1997.[1]

In 2005, supporters of parental notification first tried using the state's ballot initiative process to require parental notification. Proposition 73 (2005) failed, with 47.3% of the vote. After Proposition 85 also failed, parental notification supporters qualified Proposition 4 for the 2008 ballot. Proposition 4 also failed.

Specifics

Proposition 85 would have required a physician (or his or her representative) to notify the parent or legal guardian of a pregnant minor at least 48 hours before performing an abortion involving that minor. Proposition 85 would not have required a physician or a minor to obtain the consent of a parent or guardian. Proposition 85 defined a minor as an unemancipated female under the age of 18 who had not entered into a valid marriage, was not on active duty in the armed services of the United States, and had not been declared free from her parents’ or guardians’ custody and control under state law.[1]

The notification required under Proposition 85 could have occurred either through:

  • Personal Written Notification. "Written notice could be provided to the parent or guardian personally—for example, when a parent accompanied the minor to an office examination."
  • Mail Notification. "A parent or guardian could be sent a written notice by certified mail so long as a return receipt was requested by the physician and delivery of the notice was restricted to the parent or guardian who must be notified. An additional copy of the written notice would have to be sent at the same time to the parent or guardian by first-class mail."[1]

Election results

Proposition 85
ResultVotesPercentage
Defeatedd No4,576,12854.2%
Yes 3,868,714 45.8%

Constitutional changes

If Proposition 85 had been approved, it would have added a new Section 32 to Article I of the California Constitution.

Text of measure

Title

The ballot title was:

Waiting Period and Parental Notification Before Termination of Minor's Pregnancy. Initiative Constitutional Amendment.

Question

Proposition 85 2006.PNG

The question on the ballot was:

"Should the California Constitution be amended to require notification of a parent or legal guardian of an unemancipated pregnant minor at least 48 hours prior to performing an abortion?"

Summary

The official summary provided to describe Proposition 85 said:

  • Amends California Constitution to prohibit abortion for unemancipated minor until 48 hours after physician notifies minor’s parent or legal guardian, except in medical emergency or with parental waiver.
  • Permits minor to obtain court order waiving notice based on clear and convincing evidence of minor’s maturity or best interests.
  • Mandates various reporting requirements, including reports from physicians regarding abortions performed on minors.
  • Authorizes monetary damages against physicians for violation.
  • Requires minor’s consent to abortion, with certain exceptions.
  • Permits judicial relief if minor’s consent coerced.

Fiscal impact

See also: Fiscal impact statement

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, court administration, and state health agency administration combined."

Support

Website banner of the "Yes on 85" campaign

Supporters

The official voter guide arguments in favor of Proposition 85 were signed by:

  • William P. Clark, a retired justice of the California Supreme Court
  • Mary L. Davenport, M.D., a Fellow of the American College of Obstetricians and Gynecologists
  • Professor Joseph R. Zanga, M.D., FAAP, a past president of the American Academy of Pediatrics
  • Professor Teresa Stanton Collett, J.D.
  • Jane E. Anderson, M.D., FAAP, a clinical professor of pediatrics[2]

Arguments in favor

The arguments presented in the official voter guide in favor of Proposition 85 were:

  • Puts parents in a position to "help young daughters with the serious physical, emotional, or psychological complications which may result from an abortion".
  • Puts parents in a position to "protect their daughters from further sexual abuse, exploitation, and pregnancies."
  • "Parents and daughters in more than 30 other states have benefited for years from laws like Proposition 85. Many times, after such laws pass, there have been substantial reductions in pregnancies and abortions among minors."
  • Under the terms of Proposition 85, minors can petition the court to bypass its parental notification requirements.[2]

Donors

$3,808,873 was contributed to the campaign in favor of a "yes" vote on Proposition 85.[3]

Donors of $50,000 or more were:

Donor Amount
James Holman $2,136,270
Don Sebastiani $475,000
Robin P. Arkley, II $137,000
Lenawee Trust $75,000
Christian Community Theater $50,000
Serving Hands International $50,000

Opposition

"No on 85" website banner

Opponents

The official voter guide arguments opposing Proposition 85 were signed by:

  • Jack Lewin, M.D., CEO, California Medical Association
  • Robert L. Black, M.D., American Academy of Pediatrics, California District
  • Kathy Kneer, CEO, Planned Parenthood Affiliates of California
  • Donna W. Chipps, Executive Vice President, League of Women Voters of California
  • Bo Greaves, M.D., President, California Academy of Family Physicians
  • Jeanne A. Conry, M.D., vice-chair, The American College of Obstetricians and Gynecologists, District IX California[2]

Arguments against

The arguments presented in the official voter guide opposing Proposition 85 were:

  • While parental involvement is valuable, "in the real world, some California teenagers come from homes where they can’t talk to their parents, where there is violence, or where a family member has sexually abused them."
  • For teens who can't or won't go to their parents, "Proposition 85 forces these teens to delay critical medical care or turn to self-induced or illegal back-alley abortions. Some will go across the border; some will suffer serious injuries or even consider suicide."
  • "The California Supreme Court found 'overwhelming' evidence that similar laws in other states cause real harm to teenagers and families."[2]

Donors

$7,255,137 was contributed to the campaign in favor of a "no" vote on Proposition 85.[4]

Donors of $100,000 or more were:

Donor Amount
Planned Parenthood of Mar Monte $904,744
Planned Parenthood of Los Angeles County $838,618
Planned Parenthood (Shasta Diablo) $556,344
Planned Parenthood of Orange and San Bernardino Counties $545,418
Planned Parenthood (Golden Gate) $375,455
Planned Parenthood of San Diego and Riverside Counties $323,685
Planned Parenthood of Santa Barbara, Ventura and San Luis Obispo Counties $259,696
Planned Parenthood Affiliates of California $192,290
Rebecca Q. Morgan $175,000
California Family Health Council $108,035
George M. Marcus $100,000
Susan Packard Orr $100,000

Path to the ballot

Clipboard48.png
See also: California signature requirements

As an initiated constitutional amendment, 598,105 valid signatures were required to qualify Proposition 85 for the ballot. The signatures were collected by Bader & Associates, Inc., a petition management company owned by Tom Bader and Joy Bader, at a cost of $2,527,615.47.[5]

See also: California ballot initiative petition signature costs

External links

BallotpediaAvatar bigger.png
Suggest a link

References