California Proposition 4 (2008)

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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]

Initiative means by which a petition signed by a certain minimum number of registered voters can force a public vote

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 State of the United States of America

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.

Contents

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.

Specific provisions

The proposed initiative, if enacted as a constitutional amendment, would:

Fiscal Impact

Supporters

Arnold Schwarzenegger Austrian-American actor, businessman, bodybuilder and politician

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.

Arguments in favor of Prop. 4

Notable arguments that have been made in favor of Prop. 4 include:

Donors

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.

Knights of Columbus Catholic fraternal service organization

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.

Path to ballot and prior attempts at passage

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:

YearPropositionVotes for% forVotes against% against
2005 [14] Prop 73
3,676,592
47.2%
4,109,430
52.8%
2006 [15] Prop 85
3,868,714
45.8%
4,576,128
54.2%
2008 [16] Prop 4
4,761,465
48.0%
5,157,174
52.0%

Opposition to Prop. 4

The Campaign for Teen Safety is the official ballot committee against the proposition.

Arguments against Prop. 4

Notable arguments that have been made against Prop. 4 include:

Consultants

The No on 4 campaign has hired the Dewey Square Group [19] as a consultant. [20]

Donors to opposition

As of September 27, some of the top donors to the opposition campaign were:

Lawsuit filed over Prop. 4 language

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.

Polling information

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 PollIn FavorOpposedUndecided
July 200848 percent39 percent13 percent
August 200847 percent44 percent9 percent
September 200849 percent41 percent10 percent
October 200845 percent43 percent12 percent

Newspaper endorsements

Editorial boards in favor

Editorial boards opposed

Results

CA2008Prop4.svg
Proposition 4
ChoiceVotes%
X mark.svg No6,728,47851.96
Yes6,220,47348.04
Valid votes12,948,95194.22
Invalid or blank votes794,2265.78
Total votes13,743,177100.00
Source: November 4, 2008, General Election Statement of Vote

Related Research Articles

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.

2005 California Proposition 73

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.

2006 California Proposition 85

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%.

2008 California Proposition 8 ballot proposition and state constitutional amendment passed in November 2008

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.

November 2008 California elections

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.

2008 California Proposition 6

California Proposition 6, also known as the Safe Neighborhoods Act and The Runner Initiative, is a statutory initiative that appeared on the November 2008 ballot in California. This proposition was rejected by voters on November 4 of that year.

2008 California Proposition 3

Proposition 3 is a law that was enacted by California voters by means of the initiative process. It is a bond issue that authorizes $980 million in bonds, to be repaid from state’s General Fund, to fund the construction, expansion, remodeling, renovation, furnishing and equipping of children’s hospitals. The annual payment on the debt authorized by the initiative is approximately $64 million a year. Altogether, the measure would cost about $1.9 billion over 30 years out of California's general fund.

2008 California Proposition 5

California Proposition 5, or the Nonviolent Offender Rehabilitation Act was an initiated state statute that appeared as a ballot measure on the November 2008 ballot in California. It was disapproved by voters on November 4 of that year.

2008 California Proposition 11

Proposition 11 of 2008 was a law enacted by California voters that placed the power to draw electoral boundaries for State Assembly and State Senate districts in a Citizens Redistricting Commission, as opposed to the State Legislature. To do this the Act amended both the Constitution of California and the Government Code. The law was proposed by means of the initiative process and was put to voters as part of the November 4, 2008 state elections. In 2010, voters passed Proposition 20 which extended the Citizen Redistricting Commission's power to draw electoral boundaries to include U.S. House seats as well.

2008 California Proposition 7

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2006 Oregon Ballot Measure 43

Oregon Ballot Measure 43 was an initiated state statute ballot measure on the November 7, 2006 general election ballot. The measure would have required that when an unemancipated minor 15 years and older sought an abortion, the medical provider must first give written notice to a parent of the minor, by certified mail, at least 48 hours prior to providing the abortion. It was rejected by voters, with only 45 percent favoring it.

2010 California Proposition 23

Proposition 23 was a California ballot proposition that was on the November 2, 2010 California statewide ballot. It was defeated by California voters during the statewide election by a 23% margin. If passed, it would have suspended AB 32, a law enacted in 2006, legally referred to its long name, the Global Warming Solutions Act of 2006. Sponsors of the initiative referred to their measure as the California Jobs Initiative while opponents called it the Dirty Energy Prop.

2010 California Proposition 20

A California Congressional Redistricting Initiative, Proposition 20 was on the November 2, 2010 ballot in California. It was approved by 61.2% of voters. Election officials announced on May 5 that the proposition had collected sufficient signatures to qualify for the ballot. The measure is known by its supporters as the VOTERS FIRST Act for Congress.

2012 California Proposition 34

Proposition 34 was a California ballot measure that was decided by California voters at the statewide election on November 6, 2012. It sought to repeal Proposition 17, originally passed by voters in 1972, thus abolishing the death penalty in California.

2012 California Proposition 30

Proposition 30, officially titled Temporary Taxes to Fund Education, is a California ballot measure that was decided by California voters at the statewide election on November 6, 2012. The initiative is a measure to increase taxes to prevent US$6 billion cuts to the education budget for California state schools. The measure was approved by California voters by a margin of 55 to 45 percent.

Albin Rhomberg is an American anti-abortion activist and physicist based in California.

2018 California Proposition 6

California Proposition 6 was a measure that was submitted to California voters as part of the November 2018 election. The ballot measure proposed a repeal of the Road Repair and Accountability Act, which is also known as Senate Bill 1. The measure failed with about 57% of the voters against and 43% in favor.

References

  1. San Francisco Chronicle, Parental notification measures make Calif. ballot, May 30, 2008
  2. Los Angeles Times, Parental notification: Again!, May 31, 2008
  3. Stateline, "Social issues crowd state ballots", July 24, 2008
  4. Fiscal Impact Statement
  5. Committee registration
  6. Life News, California Catholic Conference Will Back Parental Notification on Abortion Bid, April 17, 2008
  7. Schwarzenegger on Jim Holman's ballot measure
  8. Los Angeles Times, Op-ed by Margaret Pearson, "Proposition 4 protects girls", October 3, 2008
  9. Arguments in favor of Proposition 4 from the official California voter's guide
  10. San Diego Union-Tribune, Abortion notification backers not giving up, April 14, 2008
  11. Contribution detail
  12. Campaign expenditure details
  13. Hollister Free Lance News, "Parental notice for abortion back on Calif. ballot", October 3, 2008
  14. "STATEMENT OF VOTE, Summary Page" (PDF). California Secretary of State. 2005. Retrieved 2008-11-05.
  15. "STATE BALLOT MEASURES" (PDF). California Secretary of State. 2006. Retrieved 2008-11-05.
  16. "Election Results: State Ballot Measures". California Secretary of State. 2008-11-05. Archived from the original on 2008-07-23. Retrieved 2008-11-05.
  17. Look out for Prop 4 and Prop 8
  18. Arguments against Proposition 4 from the official California voter's guide Archived October 2, 2008, at the Wayback Machine .
  19. Dewey Square Group
  20. No on 4 expenditures
  21. Associated Press, "Breakdown of donations for California ballot measures", August 1, 2008
  22. Secretary of State - Cal-Access
  23. Activists File Lawsuit to Strike "Sarah's Law" Language from CA Ballot Initiative, August 5, 2008
  24. July 22 Field Poll results on Proposition 4
  25. California Poll Shows Small Lead for Measure for Parental Notification on Abortion, August 28, 2008
  26. Field Poll: Voters narrowly favoring Prop. 4, the September poll
  27. Voters Closely Divided on Prop. 4 (Parental Notification for Teen Abortion). Two of the Four State Bond Measures Receiving More than 50% Support., November 1, 2008
  28. San Diego Union-Tribune, "Third abortion initiative given chance of passing"
  29. San diego Union Tribune, "Yes on Proposition 4", September 23, 2008
  30. Orange County Register, "Yes on Proposition 4", September 23, 2008
  31. Los Angeles Times, "No on Proposition 4", September 25, 2008
  32. San Francisco Chronicle, "California Proposition 4 would undermine abortion rights", September 18, 2008

Further reading

Supporters

Opponents