You can’t outlaw abortion. You can only outlaw safe
abortion.
That phrase or some variation on it has hovered around the
debate over abortion laws for some time.
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The days of outlawed abortion conjure images of women having the
procedures done in back alleys, in unsanitary situations, and by
people who do not know how to perform abortions properly.
Worse yet, in the days of illegal abortion, women who could find
no one to perform an abortion would attempt to do it
themselves.
And though Proposition 85, an initiative on Tuesday’s
ballot, would not make abortions illegal, it would place harmful
limits on a minor female’s right to have an abortion.
The proposition would require that surgeons provide notification
to parents or guardians before performing an abortion on an
unemancipated girl under the age of 18.
Proponents of the measure argue that parents have the right to
know if their daughter will receive an abortion. Apparently,
according to proponents, the law would actually help young pregnant
girls.
They say parents can assist their daughters emotionally and
practically, offering support, medical advice and aiding them with
any troubles that arise as a result of the abortion.
But the idea that parents will respond with love and caring when
they hear of their daughter’s pregnancy and their desire for
an abortion is certainly not a reality for many girls.
Some girls come from abusive homes, facing a battering from
their parents if they find out about the pregnancy. Some fear they
may be kicked out of their homes or thrown on the street if their
parents find out about their situation.
And in some cases, girls cannot go to their parents with their
pregnancy because the pregnancy itself was a result of sexual
assault by a parent or another family member.
It is these girls who will be hurt by the law requiring
notification, if the proposition is passed.
The proposition allows for a minor to waive notification if a
court rules that she is sufficiently mature to make the decision
herself or that notification would not be in her best interest.
But to gain such a waiver, girls must publicly come forward with
their pregnancy and work through the complex and difficult legal
system.
Add to that the backlog in the court system, and seeking a
waiver seems almost to not be an option at all.
If Proposition 85 passes and minors are forced to inform their
parents before receiving an abortion, many will take the route
women used before Roe. v. Wade affirmed abortion’s legality
in 1973.
Girls will have abortions performed by unskilled people in
unsanitary conditions and some will attempt to perform the abortion
themselves.
Faced with the added trauma associated with getting an abortion,
minors may turn to another option as well ““ suicide.