Proposition 4, or the Abortion Waiting Period and Parental Notification Initiative, also known to its supporters as Sarah's Law, was an initiative state constitutional amendment on the 2008 California General Election ballot [1] [2] [3]
In political science, an initiative is a means by which a petition signed by a certain minimum number of registered voters can force a public vote in parliament called an indirect initiative or via a direct initiative, the latter then being dubbed a Popular initiated Referendum.
A constitutional amendment is a modification of the constitution of a polity, organization or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. Conversely, they can be appended to the constitution as supplemental additions (codicils), thus changing the frame of government without altering the existing text of the document.
California is a state in the Pacific Region of the United States. With 39.6 million residents, California is the most populous U.S. state and the third-largest by area. The state capital is Sacramento. The Greater Los Angeles Area and the San Francisco Bay Area are the nation's second and fifth most populous urban regions, with 18.7 million and 8.8 million residents respectively. Los Angeles is California's most populous city, and the country's second most populous, after New York City. California also has the nation's most populous county, Los Angeles County, and its largest county by area, San Bernardino County. The City and County of San Francisco is both the country's second-most densely populated major city after New York City and the fifth-most densely populated county, behind only four of the five New York City boroughs.
The initiative would prohibit abortion for un-emancipated minors until 48 hours after physician notifies minor’s parent, legal guardian or, if parental abuse has been reported, an alternative adult family member.
Abortion is the ending of pregnancy due to removing an embryo or fetus before it can survive outside the uterus. An abortion that occurs spontaneously is also known as a miscarriage. When deliberate steps are taken to end a pregnancy, it is called an induced abortion, or less frequently an "induced miscarriage". The word abortion is often used to mean only induced abortions. A similar procedure after the fetus could potentially survive outside the womb is known as a "late termination of pregnancy" or less accurately as a "late term abortion".
Proposition 4 was rejected by voters on November 4, 2008.
The proposed initiative, if enacted as a constitutional amendment, would:
Arnold Alois Schwarzenegger is an Austrian-American actor, filmmaker, businessman, author, philanthropist, activist, politician, and former professional bodybuilder and powerlifter. He served as the 38th Governor of California, from 2003 to 2011.
Notable arguments that have been made in favor of Prop. 4 include:
As of September 27, 2008, the six largest donors to Prop. 4 are:
Don Sebastiani is an American vintner and politician from the state of California.
The Knights of Columbus is the world's largest Catholic fraternal service organization. Founded by Michael J. McGivney in New Haven, Connecticut, in 1882, it was named in honor of the explorer Christopher Columbus. Originally serving as a mutual benefit society to working-class and immigrant Catholics in the United States, it developed into a fraternal benefit society dedicated to providing charitable services, including war and disaster relief, actively defending Catholicism in various nations, and promoting Catholic education. The Knights also support the Catholic Church's positions on public policy issues, including various political causes, and are participants in the new evangelization. The current Supreme Knight is Carl A. Anderson.
The signature-gathering drive to qualify the 2008 Parental Notification petition for the ballot was conducted by petition management firm Bader & Associates, Inc. at a cost of $2,555,000. [12]
Proposition 4 represents the third time that California voters will have considered the issue of a parental notification/waiting period for abortion. The two previous, unsuccessful, initiatives were California Proposition 85 (2006) and California Proposition 73 (2005).
When Prop 73 lost in 2005, some supporters thought that a similar measure would fare better in a general election. However, Prop 85 did worse. Unlike 85 or 73, Proposition 4 allows an adult relative of the minor seeking an abortion to be notified, if the minor's parents are abusive.
Camille Giulio, a spokeswoman for the pro-4 campaign said that the November 2008 election represents a better opportunity for parental notification legislation because:
Year | Proposition | Votes for | % for | Votes against | % against |
---|---|---|---|---|---|
2005 [14] | Prop 73 | ||||
2006 [15] | Prop 85 | ||||
2008 [16] | Prop 4 | ||||
The Campaign for Teen Safety is the official ballot committee against the proposition.
Notable arguments that have been made against Prop. 4 include:
The No on 4 campaign has hired the Dewey Square Group [19] as a consultant. [20]
As of September 27, some of the top donors to the opposition campaign were:
Planned Parenthood Affiliates of California and others filed a lawsuit with the Sacramento County Superior Court in early August to strike out all references to "Sarah" and "Sarah's Law" and "other misleading language in the voter's guide" for Proposition 4. The title "Sarah's Law" refers to the case of 15-year-old "Sarah" who died as a result of an abortion in 1994. Proposition 4's ballot language in the official voter's guide suggests that "Sarah" might have been saved had her parents known about her abortion. Opponents of Proposition 4 argue that "Sarah" was not considered a minor in Texas, where the abortion was performed, and that she already had a child with a man who claimed to be her commonlaw husband. If this is the case, the proposed law, Proposition 4, would not have helped her, since it wouldn't have applied to her. Based on this reasoning, opponents asked that the references to Sarah be stricken. [23]
Judge Michael Kenny of the Sacramento Superior Court ultimately ruled against the opponents, allowing the original proposed ballot language and arguments, including references to Sarah, to stay in the official California voter's pamphlet.
The Field Poll has conducted and released the results of four public opinion polls on Proposition 4, in July, August, September, and October. [24] [25] [26] [27]
Mark DiCamillo, director of the polling agency, said he believes the current version is running stronger because Latinos overwhelmingly favor it and are expected to vote in higher-than-usual numbers in November. [28]
Month of Poll | In Favor | Opposed | Undecided |
---|---|---|---|
July 2008 | 48 percent | 39 percent | 13 percent |
August 2008 | 47 percent | 44 percent | 9 percent |
September 2008 | 49 percent | 41 percent | 10 percent |
October 2008 | 45 percent | 43 percent | 12 percent |
Choice | Votes | % |
---|---|---|
6,728,478 | 51.96 | |
Yes | 6,220,473 | 48.04 |
Valid votes | 12,948,951 | 94.22 |
Invalid or blank votes | 794,226 | 5.78 |
Total votes | 13,743,177 | 100.00 |
Source: November 4, 2008, General Election Statement of Vote |
In the politics of the United States, the process of initiatives and referendums allow citizens of many U.S. states to place new legislation on a popular ballot, or to place legislation that has recently been passed by a legislature on a ballot for a popular vote. Initiatives and referendums, along with recall elections and popular primary elections, are signature reforms of the Progressive Era; they are written into several state constitutions, particularly in the West.
Proposition 73, the Parental Notification Initiative, would have amended the California Constitution to bar abortion on an unemancipated minor until 48 hours after physician notifies minor's parent/legal guardian, except in medical emergency or with parental waiver. The amendment permitted a judicial waiver of notice based on clear and convincing evidence of the minor's maturity or best interests. The minor's physician must report abortions performed on minors and State shall compile statistics. The amendment authorized monetary damages for violation. The minor must consent to abortion unless mentally incapable or in medical emergency. Permits judicial relief if minor's consent to abortion is coerced.
Many jurisdictions have laws applying to minors and abortion. These parental involvement laws require that one or more parents consent or be informed before their minor daughter may legally have an abortion.
California Proposition 85, the Parental Notification Initiative, was a proposition on the ballot for California voters in the general election of November 7, 2006. It was similar to the previous year's Proposition 73. It failed by a vote of 46%-54%.
Proposition 8, known informally as Prop 8, was a California ballot proposition and a state constitutional amendment passed in the November 2008 California state elections. The proposition was created by opponents of same-sex marriage in advance of the California Supreme Court's May 2008 appeal ruling, In re Marriage Cases, which followed the short-lived 2004 same-sex weddings controversy and found the previous ban on same-sex marriage unconstitutional. Proposition 8 was ultimately ruled unconstitutional by a federal court in 2010, although the court decision did not go into effect until June 26, 2013, following the conclusion of proponents' appeals.
The California state elections, November 2008 were held on November 4, 2008 throughout California. Among the elections taking place were those for the office of President of the United States, all the seats of California's delegation to the House of Representatives, all of the seats of the State Assembly, and all of the odd-numbered seats of the State Senate. Twelve propositions also appeared on the ballot. Numerous local elections also took place throughout the state.
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