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by Jim Holman.
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Questions Answered

Cardinal Mahony Release

Editor: On August 2, Cardinal Roger Mahony released the following questions and answers regarding Proposition 85, the Parents' Right to Know and Child Protection initiative.

1. What will Proposition 85 do?

Proposition 85 is a constitutional amendment that would prohibit abortion for an unemancipated minor until 48 hours after her physician notifies her parent or legal guardian, except in a medical emergency or with parental waiver.

2. Why are the California Bishops supporting Proposition 85?

In their formal statement of support for Proposition 85, they write: "as bishops we agree with the declaration in the initiative that 'the People of California have a special and compelling interest in and responsibility for protecting the health and well-being of children, and promoting parent-child communication and parental responsibility.'

"It is a sensible policy to encourage a minor girl faced with a serious decision like an unexpected pregnancy to go to her parents for their love, their wisdom, and their counsel. It is a realistic policy that a minor girl' s parents be notified of her request for an abortion whether or not she chooses to consult them. Society will benefit because parental notification laws have the effect of discouraging teenage pregnancies -- as documented in a recent study. And individual rights and unborn babies will be protected because a minor girl will be afforded protection in the unfortunate circumstance in which she is being coerced to have an abortion."

3. Why do we need this new law?

Historically, society has assigned to parents the primary moral and legal responsibility for their underage children. Yet, in California, a girl as young as 12 can obtain an abortion without her parents' knowledge -- and with her public school's complicity. Proposition 85, the Parents' Right to Know and Child Protection initiative, will curb the abuse of parental prerogatives and rights that currently exist in California law and public school policy.

Another, perhaps even more important reason California needs to enact Proposition 85 is that the current law helps to protect sexual predators. A 15-year-old girl impregnated by an older man can be taken for an abortion without her parents' knowledge -- and no one ever knows about the sexual abuse suffered by the girl.

4. Are there any exceptions to the notification requirement in the proposed law?

Yes. It permits a minor girl to obtain a court order -- called a judicial bypass -- waiving the notice requirement based on clear and convincing evidence of her maturity or best interests.

5. How does a pregnant minor girl obtain a judicial by-pass if she believes she will be in danger if her parents are notified of her pregnancy and abortion?

More than 30 states already have parental involvement laws (either consent or notification). In those states, abortion clinics have policies in place that will assist a minor girl who fears for her safety. She will be granted confidentiality, provided a guardian and access to a judge. That judge, after hearing the facts, will make an impartial decision on whether or not she is sufficiently mature and well informed to make an abortion decision without notifying her parents.

In addition, if the pregnancy is the result of abuse by either a family member or another adult, the judge will report it to the appropriate child protection authority.

6. What is the current law regarding abortions for minors in California?

In California, abortion is legal for any reason, at any time during pregnancy and for anyone who wants it. In 1973 the U.S. Supreme Court granted Americans a "constitutional right" to privacy (upon which abortion rights rest), and in 1997, the California Supreme Court ruled in American Academy of Pediatrics v. Lungren that requiring parental consent for abortion was unconstitutional because a minor's right to privacy superseded her parents' rights as guardians.

In 2002, California enacted SB 130, which made abortion-on-demand for any female of childbearing age an enumerated right under state law.

7. Is it true that children -- starting in grade 7 -- can be released from public school for "confidential medical services" with parental knowledge or consent?

Yes. Since 1986, the California Education Code, which has contained this mandate, has provided that school boards must tell students and their parents that pupils can be excused from school without the permission of a student's parent or guardian.

On November 29, 2004, California Attorney General Lockyer reaffirmed the provisions of the Education Code in a response to an inquiry from Solano County. Lockyer said state law prohibits a school district from requiring written consent from a parent before releasing a student from school to receive confidential medical services. The attorney general also said that state law even prohibits a school district from notifying a parent when one of their children has been released from school to receive confidential medical services.

8. What exactly are these "confidential medical services"?

Confidential medical services include: prevention or treatment of pregnancy; treatment of infectious, contagious or communicable diseases; diagnosis or treatment of rape; diagnosis or treatment of drug-related or alcohol-related problems; mental health treatment or counseling

9. Aren't there circumstances in which a minor girl will be afraid to tell her parents she is pregnant and considering an abortion?

It is not unusual for a minor child to be afraid to talk to his/her parents about mistakes -- like failing a test, getting a traffic ticket, or wrecking the family car. Society doesn't find it acceptable for children to hide this information; rather, society holds parents responsible for the actions of their offspring. Being afraid to talk about a pregnancy doesn't mean that those fears should be honored. Counselors or other caring adults can help the pregnant minor speak with her parents -- or if the possibility of violence is real or where sexual abuse is probable, help the young person access the judicial system.

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