Close Vote Expected Over Abortion Measure

One of the most contentious measures on the upcoming Nov. 8 ballot has opponents and advocates both making the same claim-that their position best protects a young woman's safety.

Proposition 73 would make California the 35th state in the nation to require parental involvement in a minor's decision to seek an abortion.

If passed, physicians would be obligated to notify a minor's parents or legal guardian at least 48 hours before performing an abortion, through amendment of the state constitution.

The Public Policy Institute of California's September poll shows Californians as nearly evenly split on the issue, with 44 percent in favor and 48 percent against. Bay Area physicians are equally divided over how the proposition will affect privacy rights in the abortion process.

"As a physician, I think that patient-physician confidentiality is sacred, and I worry that if a teen thinks that I will break that confidentiality by notifying their parents, they may forgo seeking medical care altogether," said Anne Foster-Rosales, chief medical officer for Planned Parenthood Golden Gate. "This proposition doesn't have a teen's true safety in mind."

Other local medical officials disagreed, pointing to the dilemma they face when treating minors for complications arising from abortions without being able to inform their parents.

"I am automatically violating trust with the family and I don't think it's right. I want to have a trusting relationship with families," said Jane Anderson, professor of pediatrics at University of California, San Francisco and a proponent of the proposition.

Proposition supporters, including the Berkeley College Republicans, said it is important for girls considering an abortion to have counseling and parental support.

"There's no one better in this situation to help you than your parents," said organization president Amaury Gallais. "In certain cases, it's better that the parents are not informed and the proposition recognizes these cases."

A clause in the proposition grants a minor the right to waive the parental notification requirement through a judicial bypass process. The process-which could take up to seven business days-allows judges to determine whether parents should be notified based on the girl's level of maturity.

Opponents, however, argue that the judicial waiver option places unrealistic expectations on teens seeking abortions.

"Most adults don't know to deal with the court system-how can you expect a frightened teenager to maneuver through the system?" said Taylor Allbright, co-chair of UC Berkeley's No on 73 coalition.

Debate has also swirled around language employed in the text of the proposition, which defines an abortion as "the death of the unborn child, a child conceived but not yet born."

"If this proposition amends the state constitution, California will be the bellwether state, setting the stage for the overturning of Roe v. Wade," Foster-Rosales said.

Gallais disagreed, saying that the the new definition of abortion would help curtail the number of potential abortions in the state.

"It's a step in terms of making abortion less of a contraceptive and more of a medical recourse-making the process a little less easily accessible," he said.

With the latest poll figures indicating a tight race over the proposition, both opponents and advocates feel that it is of the utmost importance for college students to step out to the polls, Allbright said.

"Berkeley students, as the youngest generation of voters, have the responsibility to be the voice of the teenagers that will be affected by this amendment," she said.

IF PROPOSITION 73 PASSED...

• Physicians would be obligated to notify a minor’s parents or legal guardian 48 hours before performing an abortion.

• Doctors and judges would need to report abortions performed or allowed under their care to the state government.

• Minors could obtain a judicial waiver of parental notification.

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