Abortion & the Parental Notification Measure: The Legislature and the Amendment Process
Sitting here for these past few days, dealing with my daughter, and all of the emotions surrounding her, I have been reading an excellent book The Year of Magical Thinking by Joan Didion. She explores what a year in her life was like when her daughter went into septic shock and went into an induced coma, and within hours of this event, her husband died suddenly from a heart attack while they were eating dinner. A powerful book, about life, death, illness and memory, it made me realize that one still must have an attitude of gratitude about life. Consequently, I have lifted myself off that nagging pity pot, and decided to post about one of my favorite subjects, our government and the regulation of privacy.
As many who live in California know, there is a Proposition on this November's Special Election Ballot, Number 73, which would require a minor's parent's to be notified in the event that a girl seeks to have an abortion. The Amendment does not require parental consent, exclusively notification. On its face, it appears to be worthy and protective of those girls who are minors and find themselves pregnant. The California's Constitution protects a minor's right to medical access and privacy better than federal law does, and as such, Prop. 73 amends the state Constitution substituting the words unborn child for a fetus.
What is the true motive and purpose behind this proposition? Is it to help teenage girls and their families in the event that an unwanted pregnancy results, or is it a behind the scene way of chisseling away at Roe v. Wade? One would hope that if a daughter became pregnant, the channels of communication within the home would be such that she would tell her parent's what transpired. But what about those who do not? What does it mean in terms of their dynamics the role of the government and whether this matter should be decided by the legislature or by proposition avotersvoter's of a particular state? If the parent's were notified and they wanted the girl to keep the baby, what about the risk of harm to her if she goes and obtains a botched up abortion? What if the parents are divorced should one or both parents be notified? What if the girl goes against her parent's wishes and is not allowed to return home? Is it not her body? Should it not be the case that communication between parents and their children remains open so that if this occurs, the parents would be the first ones to know? If not, what does that say about the family and their dynamics?
On its face, I am not so much opposed to parental notification of a minor's pregnancy. What disturbs me is that this issue, is to be decided by the VOTERS in a special election, and not the legislature itself. Frankly, I am suspicious of these special elections where the voters, who more often than not have a knee jerk reaction, and do not read these amendments carefully, (myself included at times), are left to decide a job that should be left to our government.
Here is the question of the day: What is your opinon on parental notification (not consent) as it pertains to a minor's decision to get an abortion? What are the pros and cons you see surfacing? Do you believe that this issue should be decided by the voters themselves or the legislature, and why?
I expect much debate on this issue, and would bet that those who do not regularly post, will surface, jump in and have passionate opinons. Please feel free.
Thank you for your minds.
As many who live in California know, there is a Proposition on this November's Special Election Ballot, Number 73, which would require a minor's parent's to be notified in the event that a girl seeks to have an abortion. The Amendment does not require parental consent, exclusively notification. On its face, it appears to be worthy and protective of those girls who are minors and find themselves pregnant. The California's Constitution protects a minor's right to medical access and privacy better than federal law does, and as such, Prop. 73 amends the state Constitution substituting the words unborn child for a fetus.
What is the true motive and purpose behind this proposition? Is it to help teenage girls and their families in the event that an unwanted pregnancy results, or is it a behind the scene way of chisseling away at Roe v. Wade? One would hope that if a daughter became pregnant, the channels of communication within the home would be such that she would tell her parent's what transpired. But what about those who do not? What does it mean in terms of their dynamics the role of the government and whether this matter should be decided by the legislature or by proposition avotersvoter's of a particular state? If the parent's were notified and they wanted the girl to keep the baby, what about the risk of harm to her if she goes and obtains a botched up abortion? What if the parents are divorced should one or both parents be notified? What if the girl goes against her parent's wishes and is not allowed to return home? Is it not her body? Should it not be the case that communication between parents and their children remains open so that if this occurs, the parents would be the first ones to know? If not, what does that say about the family and their dynamics?
On its face, I am not so much opposed to parental notification of a minor's pregnancy. What disturbs me is that this issue, is to be decided by the VOTERS in a special election, and not the legislature itself. Frankly, I am suspicious of these special elections where the voters, who more often than not have a knee jerk reaction, and do not read these amendments carefully, (myself included at times), are left to decide a job that should be left to our government.
Here is the question of the day: What is your opinon on parental notification (not consent) as it pertains to a minor's decision to get an abortion? What are the pros and cons you see surfacing? Do you believe that this issue should be decided by the voters themselves or the legislature, and why?
I expect much debate on this issue, and would bet that those who do not regularly post, will surface, jump in and have passionate opinons. Please feel free.
Thank you for your minds.
22 Comments:
Hi Barbara, Well, I think that a parent has the right to know if their child is trying to get an abortion. Your child can't even take a medication at school without your concent, why shouldn't we know when our child is trying to get an abortion. I have known several young girls who hid their pregeancy and the parents didn't even know about it until a baby was born.
Hopefully some inroads of communication can be opened up between parent and child, if the parent only knew. They could discuss all the options and come to a solution that would be safe for the child and the baby.
I had a friend once who had an abortion and never told anyone. She suffered for years over that abortion and never gave her parents a chance to share their feelings. Once the information was out she found out that she had suffered for nothing.
I'm not sure if it should be a voter thing or a legislative thing.
i would hope a teenage girl (or, for any matter, boy, as well) would be able to talk to their parents. if not, hopefully, they have some sort of surrogate to turn to. unfortunately, i would expect many do not. i do not think it is the role of the government or voters to decide. think people are entitled to some privacy. i think the current government is taking their religious beliefs into all this and that definately should be separate. it's not an easy decision for anyone to make about having a baby or having an abortion (these would all be individual cases with their own individual circumstances and reasons -- how could voters or a government make a general decision). yes, i think if it went through, you would see teenage girls doing what they had to anyway (and maybe dying). i find it so discouraging that i'm losing all sense of any privacy here. a credit card company can know more about me than i do. healthcare companies know almost every personal detail. the government just wants to know more and more of what i consider inconsequential to them -- i don't want to be governed like that.
Some excellent comments.
Actually, in Ca., the issue regarding the taking of medication for a child is not tied up with parental consent, at least in a school setting. There is a zero tolerance rule if a child is found with anything, including an aspirin here.
Elisa raises a good point, and I thank you regarding whether the notification should also apply to a boy's parents. Why not? If it is just notification. Let me play devil's advocate, and let us say that the girl names the wrong boy as the father. Then what? Is privacy trambled over even more?
I agree with both sireene and suynatta that the issue does seem to revolve around the type of communication one has with his/her children. That is a family issue, not a governmental one in my humble opinion. Furthermore, it seems as if the reason these issues go to the voters is because of all the special interest groups and lobbys that are involved in having an inititive pass in the Senate and the House. So what does our government do? Sends it to the voters. In the past, most of these measures have not been drafted very well, and more often than not, have been found to be unconstitutional by the courts. Personally, I usually vote no on all of the initiatives for this very reason, although there are a few exceptions. This special election we are having is costing the Ca. taxpayer lots of money, and personally, I think it is inappropriate.
I would like to know the intended purpose of this proposition. The only thing I can see it serving is to humiliate daughters for having unwanted pregnancy in front of their parents. In my mind, that is a cruel and sadistic reason not to respect the privacy of teens. If they couldn't obtain the services they need, then perhaps it is for the safety of the daughter, but how does it protect the daughter anyway if it's just a notification? She could go get a botched up abortion anyway. I'd imagine that when you get pregnant and don't plan to be, you are pretty shaken up and traumatized anyway. Would filling your parents in on what has happened to your body involuntarily make it any better? I'd imagine not. Finally, I don't think this should be decided by the voters for the reason you mentioned. It will become emotionally charged and end up passed or vetoed for the wrong reasons. I think this is a serious issue and should be decided by the legislature after careful consideration and an ethics committee. Both sides of the argument should debate the merit of their choice based on the privacy of the mother vs. the benefit/damage it would have for the family in general, were they to be notified.
The California initiative system has a history of taking on topics that the legislature lacks the moral courage to. Examples include property tax reform and smoking bans. The trouble is sometimes the initiative becomes draconian in its goals
Despite being a California refugee, I do keep up with some of the political entertainment there. This prop smells like a back door effort by the anti abortion groups to at leas throw some barriers in the way of minors seeking abortions. Adding to my suspicion, is this is a special election which is normally more poorly attended by socially liberal voters than general elections
Color me cynical on this
Mallory,
You hit the nail, or should I say, the governor on the head! Beautifully and accurately put.
Many of my friends from other states who have come here to live are puzzled by the initiative process. Lacking courage is clearly the case, and you will see, I have no doubt an initiative preventing those who are not here legally from obtaining a driver's license. Let me make this clear, that illegals in this state are not limited to Mexicans nor Hispanics. We have a growing number of Asians, at least in my community, who would qualify as well. This issue mandates a post of its own, so I will stay silent on it for now.
children are the responsibility of the parents...
children tell almost NOTHING to thier parents, no matter what anyone thinks... if they told you everything they did, you would cry...
a child wants an abortion... take abortion out and put in the word operation... the parent MUST be informed...
childrens privacy? they want privacy, tell them to move out...
everything comes from perspective... some people say abortion is murder, some say personal choice... some say murder is murder some say it is "doing the right thing"... If you say you are entitled to privacy in your right to KILL your child, why would should that be any more a private matter than pure murder?
weird thoughts huh?
and on the subject of "trying to humiliate the child"... maybe we need a bit more humiliation in the world... girls are running around like a bunch of tramps these days, guys are no better... is this wanton behavior the way we want our society to go?
...WET T-SHIRT CONTEST at the local youth center! What are you disgusted by? your kids would be the ones there! We "allow" children to "explore" thier sexuality... it's natural... don't be ashamed... yeah, so is taking a crap, but I can't do it in public, and yeah there SHOULD be consequences for abberant behavior.
people are trying to play both sides of the fence on the age issue...
they need thier privacy like adults...
they are too young to drink...
they can decide for themselves...
they are too immature to make those decisions...
people need to pick a side and stick with it... are minors responsible enough to decide on getting an abortion? If you say yes, they should also be mature enough to face the death penalty...
thats the bigger question, when are minors at the age of RESPONSIBILTY? ...if they are deemed mature, they should be able to take the heat for ALL of thier actions
sorry, I got carried away... who cares what I think? I'm a guy and I don't have a daughter, my opinion means nothing
Good post. While important I don't think it warrants a special vote or whatever-like all referendums, judicial opinions or legislative decisions it's probably not going to help those who are in a truly fucked up position or who live in terrible poverty or abuse. It is merely a way to raise money, organize and force morality...cloaked in a noble premise.
Well, first of all let me be honest and say that I'm anti-abortion except in cases of the life of the mother being threatened. I'm a moderate in most areas, this is just one that I feel strongly about. So, you know just where I'm coming from.
However, there's no doubt that this is an attempt to chisel away at Roe V. Wade. Similar legislation was just passed in FL.
Is it a good thing? It depends on your point of view. But it's disengenious to portray it as something else.
I do think that they will do as Florida does. If a girl petitions the court for an exception because she is afraid of her parents, the court will allow an exception. But I'm sure that they have something set up so that not just any girl could use that excuse.
Another thing to think about: studies show the mind isn't fully developed until the age of 25. The part that doesn't fully develop is the part that is responsible for moderating reckless behavior. A teen is not considered an adult, and is not tried as an adult generally, and is not given the death sentence. You can't have it both ways: a teen is still considered a child. A child needs the guidance of a parent.
This topic always makes me so angry. No, there is no reason why a teenage girl should be forced to tell her parents about an abortion. If she doesn't feel comfortable enough to tell them as it is, maybe they haven't done a good job at parenting.
Biologically, teens are adults. Sexually mature adults. Notification wasn't required to get pregnant, and termination should be her business.
The only teens who would hide such a predicament from their parents are the ones who lack open and honest relationships with them. Why scratch at that wound at an emotionally difficult time.
I think this definitely is chipping away at roe v wade. She may not need consent, but her parents could lock her up, cut off the phone, and force her to give birth.
What is the purpose of the proposal? Are things so dandy that they have to make arbitrary rules like this one? Did one parents go ballistic and write every official in the state enuogh times to get some attention? Must EVERYTHING be legislated? Do have that little faith in our fellow humans?
I think the number of people affected by this law would be pretty small. But it's still a step in the wrong direction.
I fear new and inventive ways to abort in secret.
I think normal parents have a right to know, and I think normal parents would raise kids who would talk to them when facing such a decision. If a young woman feels the need to hide it from her parents, there's probably a damned good reason. WE need to start giving our kids some credit. They aren't as dumb as their taste in music implies.
I find this bill underhanded. How will parents be notified anyway? Mail? Phone call? Who supplies the contact info? There are so many ways around this it's ridiculous. It accomplishes nothing in the way of law. It's debate fodder.
As a parent I'd like to know if my child is receiving any sort of medical attention. This is because I believe in parental responsibility for all aspects of my child's behavior up until they are 18. I need to know what they are doing so I can guide them properly. I can't rely on a teen to tell me.
As for Meegan's comment. I would have never felt comfortable enough to tell my parents that I was going to get an abortion, even if I could get one in the state I was from. I have excellent and loving parents. I was once at a point in my life where I did consider it and we decided against it. I had to get real comfortable with telling my parents I was pregnant and I was getting married. There is no comfort in that kind of situation but there is relief when you can get out of consequences anonymously.
As I have sons, I won't be facing them having abortions. I will absolutely not absolve them of any responsibility toward unintentional pregnancy though. You create a life, you take care of it equally. It's only biology that makes it so they don't have to carry that baby so it limits their future choices if they decide to take it out of their pants. The girl may decide to abort...this is not something to be relieved about.
excellent point, informing th eparnets coulkd seriously aggrvate the girl's situation.
What about the father's parents?
parents should have NO SAY about their daughters pregnancy after all it is her that will need to raise the child not her parents
hence I am strongly AGAINST parental notification
Some of the "children" we are talking about, are the PARENTS in many of these homes. This is a tough one, and not having children myself come to this with less knowledge, but think the Parents should Know,, but again, we must remeber that alot of this is society's fault,,, we don't want to talk about contraception,,, the Roman Catholic church is screaming for their sheeple to Breed, Breed, breed. TV says SEX is FUN showing very few of the concequences and Parents just do not talk openly with their own children on these matters. My question is what about the 'children' who are raising themselves. It is happening even if you don't believe it,, many minors ARE the RESPONSIBLE ONES in a ''FAMILY'' so who would the government tell then?? Sticky sticky. Yet on the whole, I think that the parents should know.
Rachael is right. Teens are biologically adults but emotionally still very much children. That leads to new and inventive (and dangerous) ways to abort in secret. As a parent I would certainly want to KNOW if my daughter is pregnant (regardless of her choice), but if the prospect of my knowing before she's prepared to tell me would lead her to take risks that would threaten her health or life, I would gladly remain in the dark until she chose to enlighten me.
Everyone's opinon has meaning, and I thank you for sharing them.
I would hope that I had developed enough good communication skills with my daughter that she would tell me if in fact she had to face this decision and make a choice. As many of you know, I am for less rather than more government inside of our private lives, and it seems to me that notification, although well meant, would truly solve nothing in the end, and it could create some serious issues for the health of a young girl who finds herself pregnant.
I especially appreciate the comments made on the father's or boy's family's right to know as well, and there has been some interesting thought on this issue.
You cannot legislate communication.
NH's parental notification law has been found Unconstitutional twice now.
I a perfect world a young womyn would be able to go to her parents and say "I'm pregnant, I want an abortion" but this is not a perfect world. Most girls who get pregnant under age 16 are pregnant by a family member such as father, grandfather, step-father, uncle, cousin, brother...
What then? While we would want her to speak up and implicate the male who impregnanted her and is sexually abusing her, her mother (grandmother, aunt...) may encourage her to keep silent because said male is the primary bread winner. He may be providing health insurance, transportation, food, clothing and shelter. How are you going to get this young womyn to tell the truth is everyone around her is encouring her to lie?
I wanted to announce that my blog is now up.....I wont have time to do the daily thing, Im hoping for a weekly post. Feel free to visit and comment http://nfonss.blogspot.com/
Barbara i truly want to thank you for giving me the impetus to finally do this :-) I have waited too long ...thanks :-)
I do think that parents should know what their teens are up to. If only all parents and children had good relationships! I've known too many people who have been kicked out for being pregnant or gay. THAT's why I would hope that it's notification only and that parents cannot interfere if the teen really is sure they want an abortion. I'm not saying that there should be casual and lots of abortions. Just available as a well-thought out choice.
Wow... this posting has stirred a lot of thought and emotions (for others and myself).
Having read everything and considered my own thoughts and opinions I think that it would be wonderful if children could communicate what is going on in their world to their parents.
The fact that this is coming out in the form of legislation tells me that someone in the government there believes that children and parents don't have the form or level of communication that they think they "should" have.
If that is the case, what makes anyone think that legislation will change the root of the problem? It sounds like a band-aid approach to a life long debate.
Speaking from personal experience, when I was faced with that situation myself I chose to speak to my parents after I had made my decision. Granted I was 21 at the time and no longer needed their permission for anything, I felt it was important to talk with them none-the-less.
And again, if pregnancy has already occurred it appears that some discussion in the household has likely not occurred prior to the pregnancy taking place.
If there was a way to make sweeping changes in our society to improve our consciousness and out behavior I would be out there doing it. Instead I only know how to make changes by living the changes myself and speaking freely about what I do. I hope that many others do this as well - maybe then we won't need the government stepping in to try and tell us how to live and who to live with and sleep with.
Post a Comment
Subscribe to Post Comments [Atom]
<< Home