The Right to Full Disclosure Referendum

“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:

1. Establishes a reasonable patient standard for disclosure
2. Establishes that withholding relevant information is itself an injury, a violation of a woman’s civil rights
3. 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.
4. Eliminates statutes of limitations restrictions for filing civil action against abortionists–implicitly recognizing psychological disability of post-abortion shame.
5. Eliminates caps on awards for abortion related injuries.

Advantages of this approach:

1. Simple concept
2. Defines the terms of the debate to our advantage.
3. In states with voter initiated referenda, can bypass a pro-abortion legislature or governor.
4. Good educational vehicle for legislators and electorate.
5. 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.”
6. 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.
7. Almost certain of ratification if placed on ballot.
8. Difficult to repeal.
9. 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.