2008 California Proposition 4

Proposition 4, known officially as the Waiting Period and Parental Notification Before Termination of Minor’s Pregnancy Amendment and unofficially as Sarah's Law, is a California ballot proposition on that state's November 2008 ballot. The proposition would add a section to Article 1 of the California Constitution to require doctors to inform the parent or guardian of a minor 48 hours before providing an abortion. This proposition is similar to California Proposition 73 (2005) and California Proposition 85 (2006) both of which were rejected by the majority of voters; however, it introduces significant changes to allowed exceptions.

Exceptions include a judicial bypass whereby an adolescent petitions the court and requests a waiver from a judge, and notification of an adult family member by the physician where the minor makes written statement based on a pattern of abuse that she fears physical, sexual, or severe emotional abuse from a parent who would otherwise be notified. But then the physician would be required to file a Child Protective Services (CPS) report or Police report, and the parent would receive a call from CPS or a visit by the police. There are also exceptions for cases where a parent has waived rights to be notified ahead of time and where doctor determines there is medical emergency.

Opponents of Prop 4 argue that even with this judicial bypass option, teen safety is put at risk claiming that desperate teens will go to desperate measures in some households to avoid parental notification. Rather than have their parents notified, rather than navigate a crowded courtroom, and rather than make a complaint to CPS (Child Protective Services), opponents allege she may take matters into her own hands seeking illegal, unsafe, abortion services or even contemplate suicide. Prop 4 might put teens in danger and this law would not result in family communication but instead a letter from the MD to the parent, according to the No on Prop 4 campaign. Opposing Prop 4 are the California Nurses Association, the California Association of School Counselors, American Academy of Pediatrics-California District, Planned Parenthood, and others listed on noonprop4.org

Proponents of Prop 4 state that for the past 25 years, notification law have been on the books in 34 U.S. states, there has not been a single case of notification, or a waiting period, ever harming a pregnant minor. Proponents state that notification laws are mainstream in American as the majority of states have implemented some sort of notification law. Prop 4 ballot language sites studies that indicate states with notification laws have seen a reduction in the number of abortions, as well as a reduction in the number of Sexually Transmitted Diseases. Proponents state that without notification laws in effect, sexual predators are able to coerce minor girls into abortions to cover their sex crimes. Supporters of Prop 4 include Riverside County District Attorney Rod Pacheco and Orange County District Attorney Tony Rackauckas, who claim Prop 4 will eliminate sexual predation against pregnant minors by requiring medical providers report the abuse to law enforcement and child protection agencies, as well as an alternative family member.

Opponents claim that the California initiative would not have applied to the woman named in the campaign, a 15-year-old mother of one child who died as a result of massive infection following an abortion in Texas in 1994. "Sarah" was in a state where common-law marriages make her exempt from parental notification. In essence, "Sarah's Law" would not have protected "Sarah."

Judge Michael Kenny of the Sacramento Superior Court ruled August 8, 2008 on a lawsuit brought by Prop 4 opponents against arguments in favor of Proposition 4 to be printed in the Official Voter Information Guide / Voter Pamphlet for the November 4, Presidential election. The decision of the court also validated the stories of unreported sexual abuse cited in the Prop 4 ballot argument. Judge Kenny denied every challenge brought by the No on 4 forces to remove the "Sarah's Law" label and story and to remove other stories.

The Voter Pamphlet with the arguments and rebuttals is to be sent to over 16 million California voters in more than 12 million households starting on September 24.

Results

Proposition 4
Yes or no	Votes	Percentage
No
Yes
Invalid or blank votes
Totals		100.00%
Voter turnout

External links

• Text of Proposition 4
• Friends of Sarah – pro-proposition website
• No on Proposition 4
• Nov 4, 2008 Propositions
• CANOW - California National Organization for Women, opponents of proposition