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The Right to Full Disclosure Act
-- a voter initiated referendum to amend a state constitution
"Women have a civil right to full disclosure of all risks,
alternatives, or other information which a patient might reasonably consider
relevant to a decision to refuse a recommendation for abortion. The State
may not limit a woman's right to recover damages in civil court for any
injuries that may have resulted from an induced abortion."
Effects:
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Establishes a reasonable patient standard for disclosure
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Establishes that withholding relevant information is itself an injury,
a violation of a woman's civil rights
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Reaffirms the fact that abortion is a medical procedure which requires
the recommendation of a physician who is responsible for protecting the
woman's health.
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Eliminates statutes of limitations restrictions for filing civil action
against abortionists--implicitly recognizing psychological disability of
post-abortion shame.
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Eliminates caps on awards for abortion related injuries.
Advantages of this approach:
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Simple concept
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Defines the terms of the debate to our advantage.
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In states with voter initiated referenda, can bypass a pro-abortion legislature
or governor.
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Good educational vehicle for legislators and electorate.
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In states where legislature must put initiative on the ballot, it allows
politician's to get "off the hook" by allowing them to "refer the issue
to people."
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Extremely difficult for pro-abortionists to develop a public relations
campaign to oppose the bill without exposing themselves as more interested
in protecting the abortion industry than in protecting women's rights.
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Almost certain of ratification if placed on ballot.
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Difficult to repeal.
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Difficult for courts to reverse.
See Making Abortion Rare: A Healing Strategy
for a Divided Nation for further discussion of the politics and
effectiveness of this proposal.
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