Federal bill would require parental notification for contraception

On June 21 U.S. lawmakers introduced a bill that would require federally funded clinics to notify the parents of any minors seeking contraception at least five days before dispensing the birth control. The legislation, known as the Parents Right to Know Act, would apply to all clinics nationwide that receive federal funds for family planning - an estimated 4,400 clinics would be forced to follow the law if passed.

Supporters of the measure are using the same argument as those who support parental notification for abortion - that it will increase parental involvement in teens' lives. Opponents continue to point out that this sort of legislation will only have the effect of discouraging minors from protecting themselves against unplanned pregnancy and sexually-transmitted-infections, and that a law cannot foster good family communication where there previously was none.

Weldon Amendment/Federal Refusal Clause could endanger women's lives

The Federal Refusal Clause (or Weldon Amendment, after Rep. Dave Weldon, R-FL) was adopted late last year as amendment to Bush's omnibus spending package for fiscal year 2005. The amendment denies the appropriated funding to any federal, state or local agency that "discriminates" against a health care entity (including hospitals and insurance companies as well as individual providers) because that entity does not provide, pay for, provide coverage of, or refer for abortions.

The amendment has serious implications for Title X (Title Ten), the primary national funding source for family planning services for young and low-income people. Clinics and hospitals that receive Title X funding are required to provide abortion referrals upon request as part of non-directive options counseling. Under the Weldon Amendment, however, it would be discriminatory to deny Title X funds to providers that refuse to provide abortion information, services or referrals - which means anti-abortion Crisis Pregnancy Centers could qualify for Title X funding. It would also be discriminatory to require that hospitals provide emergency abortion services when a woman's life is at risk, or that providers refer for abortion if they do not provide it themselves. By enforcing our state laws that require exactly this sort of basic protection of reproductive rights, California would jeopardize about $49 billion in federal funds related to labor, health care, education, and human services.

On January 25, California Attorney General Bill Lockyer and state school Superintendent Jack O'Connell filed a lawsuit asking the court either to strike down the amendment and permanently prohibit its enforcement, or to declare that enforcement of state laws requiring provision of emergency medical services, including abortion care, does not violate the amendment. Despite an attempt by the Bush administration to have the lawsuit thrown out of court, the case is still pending.

Supreme Court to review New Hampshire abortion law

On May 23 the Supreme Court decided to review a lower court ruling that struck down New Hampshire's parental notification law. The law requires doctors to wait 48 hours after notifying the minor's parent before performing an abortion, unless the young woman had received a judicial waiver or the doctor certified that without the abortion the young woman would die within the 48-hour period. The law was found to be unconstitutional by the 1st U.S. Circuit Court of Appeals because it contains no exception for circumstances in which the delay would seriously threaten the young woman's health, thereby forcing doctors to "gamble with their patients' lives."

By potentially endangering women's health, the New Hampshire law clearly violates the standard commonly used in previous Supreme Court decisions that states may not impose an "undue burden" on a woman's right to an abortion. Under this standard, evidence that some women could be harmed under the law is enough to demonstrate an undue burden. In this case, however, the New Hampshire Attorney General is arguing a different standard - that the law should be overturned only if "no set of circumstances exists under which the act would be valid". In other words, the law should be enforced unless it puts the health of all young women at risk.

Although this case involves a law about parental notification, the impact of the Supreme Court ruling will be much broader than access for minors. If they uphold the "no set of circumstances" standard for evaluating laws that restrict reproductive rights, the implication for women - especially young women, poor women and women of color - is clearly devastating. The question at stake is, will we protect the health and rights of all women, or just some? How many women must be harmed by an abortion restriction before the Court finds it unconstitutional?

The decision to review the case came as a surprise - it's the first abortion case the Supreme Court has agreed to hear since it found a Nebraska Partial Birth Abortion Ban to be unconstitutional in 2000 - and no one is quite sure what to expect. And although the stakes are high in this case no matter who sits on the court, the recent retirement of Sandra Day O'Connor underscores the importance of upcoming judicial nominations. The case will be argued next term in October, and a ruling is not expected until mid-2006.

Schwarzenegger's very special election

On June 13 Governor Schwarzenegger announced that he will hold a special election on November 8, in an effort to move his agenda forward without interference from those pesky elected legislators in Sacramento. The Governor is pushing hard for three of the eight ballot initiatives, including two that would amend the state constitution.

Prop 76 is a constitutional amendment that would change minimum school funding requirements (under Prop 98) and limit state spending to the previous year's total plus revenue growth. Prop 77 would amend the constitution to require congressional and state legislative districts to be drawn by a three- member panel of retired judges rather than by lawmakers. And Prop 74 would increase the time required for public school teachers to gain tenure from two years to five, and authorize school boards to dismiss teachers who received two consecutive unsatisfactory performance evaluations.

In addition to the Governor's three pet initiatives, voters will also consider Prop 73, which would amend the state constitution to require notification of a minor's parent 48 hours before she could obtain an abortion (see article above). Although Schwarzenegger has not taken a position on Prop 73, he has said in the past that he would favor state mandated parental involvement in teens' abortion decisions.

Other initiatives address consent for labor unions to use dues for political contributions, provision of reduced-cost prescription drugs for low and moderate income Californians, and regulation of electric service providers by the California Public Utilities Commission. For more information on the Special Election (including voter registration and where to vote), visit the Secretary of State web site. The special election, which Schwarzenegger says will help to fix the state's debt, will cost between $45 and $80 million.

"Tanya," 16, had heard that ACCESS' Women In Need (WIN) Fund provided financial assistance to women seeking abortions. She did not know how to pay for her abortion-telling her parents about her pregnancy was not an option for her, so she could not use their insurance. Alma told Tanya about applying for Emergency Medi-Cal under "confidential services" for minors, which would ensure Tanya's confidentiality so that her parents would not have to know about her abortion. Tanya was grateful for the information, and said she'd call back if she had any other questions.

Tania de 16 a�s de edad se enter�que ACCESS asiste con ayuda financiera (WIN fund) a mujeres que no tienen los medio para pagar por el aborto. Esa era su situaci� - y tampoco pod� usar su seguro medico porque tendr� que contarles a sus padres sobre su embarazo y esa definitivamente no era una opci�. Alma le explico a Tania como solicitar el programa "servicios confidenciales" (para menores) por medio del Medi-Cal de emergencia, el cual protege la privacidad del menor y as�sus padres no se enterar�n. Tania agradeci�la informaci� y aseguro llamar de regreso a ACCESS en caso de tener m� preguntas.

"Alana," a 15-year old teen from the Central Valley, called the hotline and asked - "What do I tell my mom if I am pregnant?" Alana had recently become sexually active and was now waiting for her late period to arrive. In contemplating what she might do if she were pregnant, she thought about carrying out her pregnancy and putting the baby up for adoption rather than getting an abortion. She knew however that if she told her parents about her pregnancy, they would kick her out of the house. Alana's boyfriend was supportive of her and the two thought maybe Alana could live at his parent's house. Janet encouraged Alana to get a pregnancy test, and they talked more about Alana's options. Janet also gave Alana information on different birth control methods and how to pay for them (and the pregnancy test) through Family PACT. Alana decided to get a pregnancy test so that she would know for sure if she was pregnant, and then take it from there.

"Jana," a teen from the Bay Area, was frustrated because her social worker had wrongly told her that her parents would have to accompany her to apply for Medi-Cal for an abortion. Jana had been clear with the social worker that she needed to keep her pregnancy confidential from her parents, but the worker insisted that Jana could not receive Medi-Cal without her parent's presence. Alma told Jana that the worker was wrong and she could get confidential services under Medi-Cal without her parents knowing. Jana felt relieved at the news, but was upset that her social worker had not done a better job of advocating on her behalf. She said she'd apply for Medi-Cal right away.

Jana de 17 a�s llam�a ACCESS del �ea de la Bah�, estaba frustrada porque su trabajadora social err�eamente le dijo que para solicitar el Medi-Cal sus padres tendr�n que acompa�rla. Jana, claramente le dejo saber que sus padres no sab�n sobre su embarazo, aun as� la trabajadora social insisti�que sin la presencia de sus padres Jana no podr� recibir el Medi-Cal! Alma inform�a Jana sobre el programa "servicios confidenciales" por medio del Medi-Cal de emergencia el cual protege la privacidad del menor. Jana sinti�alivio cuando se entero de esa noticia, pero estaba molesta porque la trabajadora social no la ayud�abogando por ella. Mencion�que solicitar� el Medi-cal inmediatamente.

A young woman from Alameda County called the hotline in need of abortion referrals, although she was still unsure of what she wanted to do about her unplanned pregnancy. "Patricia's" boyfriend was not ready to become a father and he encouraged her to get an abortion; her mother said she would support whatever decision Patricia made yet encouraged her to continue her pregnancy. Patricia was a college student who wanted to finish her studies and earn her degree, and saw from her friends that single- motherhood was difficult. She knew though that she'd have the support of her parents if she had a baby. Janet helped Patricia sort through the different thoughts she was having, and suggested that she take some time to think about her decision and possibly seek professional advice to see if that would help her through the decision-making process.

Patricia es una adolescente del condado de Alameda que llamo a la l�ea de ayuda porque necesitaba referencias sobre los servicios de aborto; sin embargo ella todav� no sabia que hacer sobre su embarazo no planeado. Mientras que su madre la apoyaba en lo que ella decidiese, al mismo tiempo la alentaba a continuar con el embarazo; su novio no estaba listo de ser padre y quer� que abortara. Patricia estaba estudiando y ten� intenciones de graduarse. Ella sabia que sus padres la apoyar�n si decid� tener el bebe. Janet la ayud�a plantearse las diferentes perspectivas que estaba pensando y le sugiri�que quiz�era buena idea tomarse un tiempo para pensar con calma sobre su decisi� y tambi� buscar ayuda profesional para que la ayudase en su proceso de toma de decisi�.

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