California Proposition 85, Parental Notification for Minor's Abortion (2006)
The signature-gathering drive to qualify the 2006 Parental Notification petition for the ballot was conducted by Bader & Associates, Inc., a petition management company owned by Tom Bader and Joy Bader. Signature-gathering for the petition was completed in the Spring of 2006.
The ballot title was:
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?"
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.
- 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."
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
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 Prop. 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.
The official voter guide arguments opposing Proposition 1A 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
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."
- Official California Voter Pamphlet information about Proposition 85
- PDF of the mailed November 7, 2006 voter guide for Proposition 85
- Proposition 85 in the Smart Voter Guide
- Analysis of Proposition 85 from the Institute of Governmental Studies
- Guide to Proposition 85 from the California Voter Foundation
- Summary of donors to and against 85 from Cal-Access
- Donors for and against Proposition 85 from Follow The Money
- Yes on 85 advocacy website (still live as of July 2011)
- Official declaration of the November 7, 2006 results on ballot propositions