SR-106-033-02 (2)
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JUl 1 ,. 1987
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CM: cSW:MK Santa Monica, California
Council Meeting: 7/14/87
TO:
Mayor and City council
FROM:
commission on the Status of Women
SUBJECT:
Recommendation to Authorize the Commission on the
status of Women to Oppose state Legislation Limiting
Access to Abortion Services by Minors
INTRODUCTION
The commission on the status of Women has focused on issues that
concern a woman's right to reproductive freedom.
Legislation
that threatens these rights is now before the State Legislature.
The Commission requests Council authorization to oppose such
legislation on behalf of the City.
DISCUSSION
Legislation is currently being considered by the California state
Legislature which would force pregnant minors to obtain parental
consent or appear before a judge to plead for permission to have
an abortion.
The real goal of a parental consent and
notification law is to discourage abortion.
Although the rate of sexual activity among teenagers is
approximately the same in the U.S., England, Sweden, France and
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Canada, the u.s. has the highest abortion and birthrates, while
those countries with the lowest adolescent pregnancy and
birthrates have comprehensive, low cost, confidential birth
control and abortion services easily accessible to teens. The
commission on the status of Women urges directing efforts towards
the development of comprehensive, low cost health services for
adolescents, rather than anti-abortion legislation.
The legislation currently being considered includes AB-77 (Wyman)
and SB-ll (Montoya) which would require unmarried minors to
obtain the consent of their parents or the courts in order to
obtain an abortion and AB-67 (Isenberg) which would require
parental consent or an administrative review by the Children IS
Protective Services. If the minor is denied an abortion by that
agency, she may appeal the decision to the Superior Court.
AB-77 (Wyman) and AB-67 (Isenberg) were defeated by the Assembly
Judiciary Committee in May. In late June, the language in AB 77
was attached to other legislation (AB 2274) and passed the
Assembly. This bill will now be heard in the Senate Health and
Human Services Committee on July 15, 1987 and probably will make
its way to the Senate Floor after the summer recess (July
17-August 17). SB 1l (Montoya) will be considered by the Senate
Health and Human Services Committee once a hearing date is set.
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RECOMMENDATION
It is recommended that the City council:
Authorize the Commission on the status of Women to oppose
bills under consideration in the state legislature which
limit minors' access to abortion services.
PREPARED BY: Santa Monica Commission on the status of Women
Melodye Kleinman, Staff Liaison
Attachments: CARAL Fact Sheet
Article, L.A. Times 2-27-87
(CSW7l487)
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CARAL
CALIFORNIA ABORTION RIGHTS ACTION LEAGUE - SOUTH
1337 SANTA MONICA MALL SUITE 310. SANTA MONICA CA90401 12131393-0513
REASONS TO OPPOSE PARENTAL CONSENT L~GISlATION/AMENDMENTS
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Leaistation that attacks the abortion riChtl of those least able to defend themselves - pregnant
teenaKen. - is now before the California lecis1ature. This legislation would foree pregnant minors
to o~U;n parental consent or I~oear before a iud~e to Dlead for Dermission to have In abortion
I. The Minnesota T,.ledv
Such laws have disastrous effects on teens and their fammes. Consider Minnesota, which has had a
parental consent law since 1981:
· Since 1981, the birthrate for 15 to 17-fear-old. Inerea.ed by 38."%, the birthrate
amonl18 to 29-year-oldsJ who Ire unaffected by the Jaw, rose by less than one percent!
As . resultJ the Court that oricinany aUowed the law to 10 into effect. has now revoked it. The
Court concfuded there was -no f~ctua' b.sis upon which this court Qn tind th~t (the statute) on
the whole furthers in any meaningful way the state's interest in prot<<tinl pregnant minors or
.ssurin8 family intent,. -
II. The F.i/ure of Judicial BVDass Provisions
Youngsters who face court appearances experience needless emotional stress during a period of
creat psychological pain. Some minors become physically ill. In rural areas) teens are deprived of
confidentiality IS they wend their way throulh the court s"stem. Consequently. teens Wind up
having riskier I more costly second-trimester abortions, or postpone the dreaded trip to court until
an abortion is impossible.
These provisions add thousands of cases to an already over-crowded eourt calendar. Taxpayers
would bea, the considerable expense of these purposeless provisions. The California Judicial
Council estimates court costs from '2.2 million to 13.7 million annually.
III. L6WS Don't Make Parents (Jf Parents Who Anm't
Parent.' consent laws do not foster parenta' IUldanee. Teenagers who see their parents as
supportive turn to them anyway. Nationar studies show that minors under the age of 16 involve
their parents in the abortion decision at exactly the same rate before and arter restricted raws were
enacted.
IV. Home Is Not A Haven Ft)f Every Pfe~nant Teen
Teenaaers who circumvent their parents do so for lelitimate personal reasons. They fear abuse)
violence. coerced childbirth or coerced abonion. Some are just plain terrified. In many cases, the
airl.s own father. brother or other re'atjve caused the prelnancy. There are also some YOUrrI
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women who feel that their decision is . private one not open for debate.
I( necessary. teens will mike clandestine trips to other states. California teenacers will likely
venture into Mexico or Oregon in searth of an abortion.
In total desperation some teens hive committed infanticide.
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v. Gr3ndD3rent Liab,7itv Is A Liabilitr For EverYone
Grandparent liability provisions I5sume that every family has the financial and emotional Ibility to
support an additional family member. The provisions may operate to undermine I needy
individual's elicibility for welfare. In cases where famify relationships Ire .Iready strained, or where
money is scarce. the minor will be under severe pressure to have an abortion or to put her child up
for adoption.
VI. Abortion /s Not The Problem. Teen Pre~nancr 15.
It is estimated that four in ten young women between the ages of 12 and 19 become pregnant. The
vast majority of these pregnancies Ire unplanned and unwanted. EiCht)' percent of pregnant
teenalers never finish high sc.hool and are sentenced to I life of poverty. The legislature should
address the epidemic of teen precnancy by establishinC policy and programs with prevention IS the
loal.
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