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  • Title: American Academy of Pediatrics v. Van de Kamp.
    Author: California. Court of Appeal, First District, Division 1.
    Journal: Wests Calif Report; 1989 Oct 12; 263():46-56. PubMed ID: 11648583.
    Abstract:
    In 1987, the California legislature passed a bill prohibiting abortions on unemancipated minors unless they obtain parental consent, or unless a court determines them to be sufficiently mature to make their own decision. Health care providers challenged the bill's constitutionality, and obtained a preliminary injunction against its implementation. The state appealed the order. The appellate court held that since the California constitution expressly protects a right to privacy, and since California construes this right to cover abortion, to apply equally to minors and adults, and to afford more protection than the parallel federal right, the state must show some compelling interest to justify its bill. Evidence indicated that the state would not meet this burden, so the trial court properly granted a preliminary injunction.
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