Its Election Time Again Its election time in California! Once again! It feels just like yesterday that we were recalling Gray Davis, and now here we are again with yet another special statewide election. Only the 15th in California history since 1911, this special election contains several interesting propositions which have stirred up substantial rhetoric from every corner. And now here is my own.
NO on Proposition 73
This propositions history can be dated back all the way to 1953 when the state legislature passed a law which gave minors the right to receive the same type of medical care for pregnancies that an adult could receive without parental consent. Several other so-called limited medical emancipation statutes have been passed since then: from allowing minors to receive treatment for a sexually transmitted disease in 1968 to allowing a minor child to receive drug or alcohol treatment in 1977. The logic behind these medical emancipation statutes is simple; the health of the minor and the community is sometimes better served by providing medical treatment then obtaining parental consent. Not to mention that many times acquiring this consent might be met not only with fear and reluctances from the minor but with opposition from the parent for illogical reasons or even worse be met with violence.
It is important to point out that at the time of this bill abortions, other then to preserve life, were outlawed in California. It wasn’t until the passage of the Therapeutic Abortion Act in 1967 that the usages of abortions were lawful when the pregnancy was as a result of rape or incest, and then even further expanded.
The legislature then in 1987 prohibited doctors from performing and abortion on a minor without the consent of a parent or a court. This statue however was never applied as it was tied up in court to determine its validity. It wasn’t until 1997 in American Academy of Pediatrics v. Lungren, that the California Supreme Court agreed with the lower courts and deemed the statue violated the privacy rights set out in the state Constitution.
“All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy.”
Cal Const, Art I § 1
So what do you do when the Constitution doesn’t agree with you? You change it! Proposition 73 would amend the Constitution requiring a 48 hour waiting period for parents to be notified before performing an abortion on a minor. Note that consent is not required, just notification either by a personal written notification or mailed notification. If the notification is sent via mail the waiting period is in effect that of 96 hours since notice isn’t presumed to have been delivered until noon of the second day after written notice was sent.
Proposition 73 states that the notification requirement may be circumvented by a minor if they file a petition with juvenile court, where they will be forced to appear before a judge who can grant a waiver only on the ground of “clear and convincing evidence, that notice of a parent . . . is not in the best interest of the unemancipated minor…based on evidence of physical, sexual, or emotional abuse by parent . . . [or] . . . the minor is sufficiently mature and well-informed to decided whether to have an abortion . . .”
Most adults have difficulties trying to manage the often intimidating world of law, now I could only envision how a vulnerable minor would do in this type of circumstance.
Yes, this proposition would continue to provide an option for minors who would need them. However, are these options enough for those most vulnerable? The sad fact is that there are parents among us who fail at the jobs of being good parents. There are parents who are physically/sexually/mentally abusive, and those who fail to set aside their ideological convictions to deal with a real world situation. It would be great if very pregnant teenager could seek the advice and support of their parents. However if this communication existed to begin with, the chances that the teenager would have been impregnated to being with would have been less. And we can not legislate this communication which just doesn’t exist in many families.
When all else fails the best we can ask for is that a child be in the hands of a caring medical professional, where her physical well being will be taken care of. Yet there is some among us who want to send our children back to the days of back ally, coat hanger abortions, and consider themselves a better person for it.
NO on Proposition 74 -77
While normally voting blankly, or as a form of revenge runs against very grain in my body I have been so infuriated by Schwarzenegger’s veto of AB 849 the Religious Freedom and Civil Marriage Protection Act authored by Mark Leno, that I am left with no choice. The bill would provide that marriage is a “personal relation arising out of a civil contract between 2 persons,” instead of just a men or a woman.
Schwarzenegger has stated that he considers no undertaking to be nobler than the cause of civil rights. He says that gay couples are entitled to the full protection under the law and should not be discriminated against based upon their relationship. Yet he was unwilling to stand up for those beliefs when it came down to the eleventh hour. He shamefully cited Proposition 22 which prevented California for recognizing same-sex marriages. Of course Proposition 22 has already been ruled unconstitutional. While appeals do still await in a higher court, if Schwarzenegger was anything near what he professes to be he would have not delayed justice. If he can not take a stand for equal rights, I fear what he could do with any more political power. Therefore, while under any other circumstance I might have voted in favor of some of these propositions, instead I will veto all of them.
NO on 78 and YES on 79
The pharmaceutical industry has already spent over 80 million dollars, according to a Nov. 2nd article in the San Francisco Chronicle, making the battle over these two opposing propositions the most costly in California history. Each proposition claims that with it more people will be able to afford the many times costly medication which we have come to depend on for acute and chronic illnesses. Each proposition ‘meets’ this claim in sharply different manners, so which one will do the best job?
Proposition 78 relies on rebates to be provided at the pharmacy and funded by the state. The drug manufactures would then rebate the state. The end price of the drug would be equal to the “lowest commercial price” offered to any wholesale or retail purchaser in California. What this would actually equal is unknown as this standard isn’t one that is publicly reported. The Secretary of the California Department of Health and Human Services estimated this would equal to about 40 percent off retail price. The discount under Proposition 79 is well-known. It would be equal to or less than the “Medicaid Best Price” (MBP). The MBP is the net price Medicaid pays for drugs from manufacturers, which by law, is the lowest price paid by any commercial purchaser.
The most important difference between these two propositions concerns the participation of drug manufactures and pharmacies. Under Proposition 78 participation is totally voluntary, and the only stimulus for the drug manufactures and pharmacies to join in is to tap a section of the market which would otherwise have to pay a higher price for the same drugs. With Proposition 79 participation is mandatory, and drug makers could be penalized for not offering sufficient discounts.
Proposition 79 will also cover more people. Residents who make up to $38,000 annually (for and individual) would be eligible while under Proposition 78 only does who make less then $29,000 would be eligible.
On top of this it would also make it illegal for drug makers to demand an “unconscionable price” or terms that lead to an unjust or “unreasonable profit.” Don’t you wish we could do this to oil companies?
If this proposition passes, with no doubt the pharmaceutical industry will spend millions more attacking the well being of several in court, all for mere profit. Supporters of Proposition 78 have gone as far as promising this in the Official Voter Information Guide, “Prop. 79 won’t provide drug discounts to more people then Prop. 78 because Prop. 79 won’t ever take effect.” And if the drug industry has it’s way no one will be covered under Proposition 78 either.
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