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California Constitution about abortion
California Constitution about abortion
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Through out the history of the constitution of california there has been a number of attempts to change how abortion in teens is handled. Proposition 4 intends to give the parents the right to know when their unmancipated teens want to get an abortion. some supporters of this proposition argue that it will save lives and money for the state. People against it say is more dangerous to teens because they could be driven to use not regulated clinics and or to run away from home. In this research paper we will go through both points of view, and also the implications of continuing with the current constitution or changing it as the proposition 4 dictates. this type of proposition is not new to the voters of california. In the past several attempts to pass an ammenent of this type have failed, and yet the supporters of this change are resiliant to accept the current system and they continue to present the voters with various versions of the same proposed change. In 1953 the civil code section 34.5 in californian constitution was placed in function to allow juveniles to give permission to clinics or health care providers to conduct abortions procedures without the consent of their parent or guardians. This new statute in the constitution of california would create an oncoming parade of allegations from opposers that it was too much freedom for teenagers. Many argued that if they can make this kind of decicions on their own might, then teens should be treated as adults and lower the age in which a person becomes an adult in california. The first attempt to change the constitution was with the introduction of AB 2274 (Frazee) Chapter 1237, Statutes of 1987. This statute required a written permission from the parents to terminate preg... ... middle of paper ... ...an feel safe and escape from the cycle they are in wich could vary in helping them to cope with an abusive household and to inform them of what they can do to stop the abuse, or if they are in a wrongfull relationship with an adult. Also to teach them why teen/adult sex is not permited and to make them understad that if they dont want to tell who is the father is ok, but it would be best idea to tell if they are, and that nothing would happen to them if they tell. Some of the comparisons the supporters use to prove that this proposition would work in california had an origin in states with different demographics as in california where most of the teens where white or or from families that are economically stable. Unfortunately this is not true to the state of california in which most of the teens using this services are from minorities, and from low income families.
On June 7th 1965, married couples in the State of Connecticut received the right to acquire and benefit from contraceptive devises. In a majority decision by the United States Supreme Court, seven out of the nine judges believed that sections 53-32 and 54-196 of the General Statues of Connecticut , violated the right of privacy guaranteed by the Fourteenth Amendment. The case set precedence by establishing marital (and later constitutional) privacy, and had notable influence on three later controversial ruling=s in Roe v. Wade (1973), Bowers v. Hardwick (1986) and Planned Parenthood of S.E. Pennsylvania v. Casey (1992) . The issue at hand was, and is still, one that still causes debate, wether a state has the authority to restrict the use and sale of contraceptives. Though it is not contraceptives, anymore, that is at the heart of the abortion debate, this ruling was the first step to the expectation of constitutional privacy.
“10 Arguments in Favor of Pro-Choice Policy.” Advocates for Youth. N.p., 2010. Web. 18 Mar. 2010. .
In the later half of the nineteenth century and beginning of the twentieth century, many states adopted laws against abortion because abortions were performed in unsanitary conditions, which made the operation dangerous for women. Plus, society believed killing a possible life was immoral. However, as time progressed and morals changed, people begin to question weather or not the government had the right to interfere with peoples’ carnal matters.
The current issues concerning a woman’s right to an abortion include the debates between pro-life and pro-choice groups that promote either restrictions or extensions to a woman’s ability to receive abortions respectively, along with debate about the role that the government should play in the process of limiting or extending rights. Pro-life groups argue many points against abortion including the beliefs that life begins at conception, adoption is a viable alternative to abortion, the procedures sometimes cause medical complications, a...
To be able to get an abortion, there are many restrictions that apply. Every state may different but similar restrictions when the law was formed in 1973. Even with the restrictions, many women were still choosing abortions. “The mandatory restrictions include: waiting periods typically from 24-48 hours before women receive the procedure; counseling stressing the disadvantages of abortions; requirements that minors notify their parents or receive their consent before obtaining an abortion; and prohibitions on providing abortions at public facilities,” (Glazer 1). Some women either could
The debate of abortion continues to be a controversial problem in society and has been around for many decades. According to Jone Lewis, “In the United States, abortion laws began to appear in the 1820’s, forbidding abortion after the fourth month of pregnancy” (1). This indicates that the abortion controversy has been debated far back into American history. Beginning in the 1900’s, legalized abortion became a major controversy. In 1965, all fifty states in the United States banned abortion; however, that was only the beginning of the controversy that still rages today (Lewis 1). After abortion was officially banned in the United States, groups such as the National Abortion Rights Action League worked hard on a plan to once again legalize abortion in the United States (Lewis 1). It wasn’t until 1970 when the case of Roe (for abortion) v. Wade (against abortion) was brought...
How can a child make the decision for the life of another child by themselves? In this paper I will outline the mental, physical, and safety issues of minors (age 18 and under) having an abortion and why it is so important that they need to get parental consent before making this life long decision.
Abortion is a controversial topic in today’s society as many opinions from different social groups on whether it should be legal or not create the big question: should the government be able to take away a woman’s reproductive right if it is to protect a fetus? In the United States particularly, much of the debate since the 1970s has focused on the Supreme Court case Roe v Wade, in which the court proclaimed women's’ rights to abortion but declared that the states could limit and regulate the procedure. That means that currently, the state of California allows abortions, but many groups against abortion, mostly called “pro-lifers,” still try to fight against it and want it banned. Women have a right to their own body and should
Until the mid 1800s, abortion was unrestricted and unregulated in the United States. The justifications for criminalizing it varied from state to state. One big reason was population control, which addressed fears that the population would be dominated by the children of newly ...
A U.S. citizen's "right to privacy" was first discussed in an 1890 Harvard Law Review article in which two Boston lawyers, Louis Brandeis and Samuel Warren, defined it as "the right to be let alone." Since then, the right to privacy has provided the basis for a stream of revolutionary and controversial constitutional interpretations by courts across the United States, culminating in the U.S. Supreme Court's Roe v. Wade decision in 1973. Although decisions have come down in favor of a right to privacy, they are largely based on a broad and disputed interpretation of the Fourteenth Amendment. With the plethora of privacy issues that confront courts and policymakers in the current information age, the time for an amendment specifying the inalienable right to privacy is quickly approaching.
In 1965, almost 300 deaths occurred due to illegal abortions, and of all pregnancy-related complications in New York and California, 20% were due to abortions. "If the US Supreme Court found constitutional grounds to extend the birth control cases' logic that women's bodies belonged to the women themselves, the concept of choice would become a core value in constitutional law" (Hull & Hoffer).
In the year March 1970, a woman dubbed Jane Roe took federal action against Texas abortion laws. These laws prevented Roe from terminating her pregnancy because abortions were only allowed in the scenario that the fetus was harming the life of the mother (Rosenbaum 63). Because Roe wasn’t in any way harmed by her pregnancy, she could not get an abortion. “Roe believed that TX statutes were unconstitutionally vague and that they abridged her right of personal privacy, protected by the First, Fourth, Fifth, Ninth, and Fourteenth Amendments” (Rosenbaum 64). She wanted an abortion done professionally in a clean and safe environment (Rosenbaum 63). Women before the legalization of abortion would resort to unsafe methods to terminate their baby (Tribe 113).
Over the course of the last century, abortion in the Western hemisphere has become a largely controversial topic that affects every human being. In the United States, at current rates, one in three women will have had an abortion by the time they reach the age of 45. The questions surrounding the laws are of moral, social, and medical dilemmas that rely upon the most fundamental principles of ethics and philosophy. At the center of the argument is the not so clear cut lines dictating what life is, or is not, and where a fetus finds itself amongst its meaning. In an effort to answer the question, lawmakers are establishing public policies dictating what a woman may or may not do with regard to her reproductive rights.
With so many women choosing to have abortions, it would be expected that it would not be so greatly frowned up, yet society is still having problems with its acceptance. Every woman has the fundamental right to decide for herself, free from government interference, whether or not to have an abortion. Today, more than ever, American families do not want the government to trample on their right to privacy by mandating how they must decide on the most intimate, personal matters. That is why, even though Americans may differ on what circumstances for terminating a crisis pregnancy are consistent with their own personal moral views, on the fundamental question of who should make this personal decision, the majority of Americans agree that each woman must have the right to make this private choice for herself. Anti-choice proposals to ban abortions for “sex-selection” or “birth-control” are smokescreens designed to shift the focus of the debate away from this issue and trivialize the seriousness with which millions of women make this highly personal decision. Any government restriction on the reasons for which women may obtain legal abortions violates the core of this right and could force all women to publicly justify their reasons for seeking abortion.
In America, one million teenagers get pregnant every year (National Abortion Federation, 2003). Of these pregnancies, 78% are unplanned because these teenagers start having sex at a very young age and are unaware of ways to prevent pregnancies. Thirty five percent of the pregnant teenagers chose to abort, as they fear that the consequences of the pregnancy might cause significant effects to their lives. The problems that come with teenage pregnancies include dropping out of school, receiving inadequate prenatal care, developing health problems, relying on public assistance to raise a child, and probably divorcing their partners. In most states, the law allows pregnant teenagers to take their babies for adoption without consulting their parents. The same laws allow the teenagers to have an abortion but require parental notification or consent before carrying out the procedure. These laws prove biased as they favor one resolution over the other, as they force some to bear babies they do not want by restricting their options.