Wednesday, October 26, 2005 9:20 AM

'No stealth motive'
One of the measures on the ballot for California's "special" election, Proposition 73, would require doctors to notify the parents of minor girls before performing abortions. Now, we may spend the next three centuries debating the morality of abortions, and the psychological impact of sex and abortions on minors. However, today's Chronicle reveals that there are two pieces of fine print in the text of Proposition 73 that we all need to be aware -- and wary -- of, and for different reasons.
One is that the measure attempts to redefine the term "abortion" in California. Currently, an abortion is a "medical treatment intended to induce the termination of a pregnancy.'' But Proposition 73 would define it, at least for minors, as "the use of any means to terminate the pregnancy of an unemancipated minor female...with the knowledge that the termination will...with reasonable likelihood, cause the death of the unborn child, a child conceived but not yet born." (Emphasis mine.)
For their part, the measure's authors claim no "stealth motive" for inserting that definition, but the wording reeks of Karl Rove and the Religious Right's highly orchestrated campaign to impose its theology on all of us through law. There was no justifiable reason to write in a definition of abortion in the proposition. All they had to do was say, "as defined by California law." This is a "baby step" toward their desired redefinition of abortion as murder. It's the whole "how to boil a frog" metaphor. Try to just drop the country into boiling water, it will immediately jump out. But place the country in cool water, and raise the temperature incrementally, and your frog is doomed, unaware of the creeping danger. No stealth motive, my ass.
The other, and even more constitutionally -- or possibly unconstitutionally -- dangerous provision concerns judges. See, minors can avoid notifying parents by going before a judge and demostrating maturity or arguing that notifying parents would not be in the minor's best interests. But the measure would require a public report to be issued annually on every judge's record in such cases.
This is absolutely ridiculous. There is no other type of case which has this requirement. And not only would this result in vicious political attack ads, as the Chronicle story points out ("Judge X allowed young girls to secretly kill their unborn babies in 9 cases out of 10 last year"), but it could also potentially place judges in physical danger, just like the posting of abortion doctors' names and addresses on Web sites.
There is absolutely no sociological benefit to these public reports. They would only be used to attack and point fingers at judges who don't support one set of religious beliefs through rulings from the bench. It compromises the independence of the judiciary. Inexcusable. No on 73.












