New Jersey-2012-SCR19-Introduced

A Concurrent Resolution proposing to amend Article I of the Constitution of the State of New Jersey by adding a new paragraph 23 thereto.

Be It Resolved by the Senate of the State of New Jersey (the General Assembly concurring):

1. The following proposed amendment to the Constitution of the State of New Jersey is hereby agreed to:

PROPOSED AMENDMENT

Amend Article I by adding a new paragraph 23, as follows:

23. The Legislature may provide that a parent or legal guardian shall receive notice before his or her unemancipated minor or incompetent child undergoes any medical or surgical procedure or treatment relating to pregnancy, irrespective of any right or interest otherwise provided in this Constitution.

2. When this proposed amendment to the Constitution is finally agreed to pursuant to Article IX, paragraph 1 of the Constitution, it shall be submitted to the people at the next general election occurring more than three months after the final agreement and shall be published at least once in at least one newspaper of each county designated by the President of the Senate, the Speaker of the General Assembly and the Secretary of State, not less than three months prior to the general election.

3. This proposed amendment to the Constitution shall be submitted to the people at that election in the following manner and form:

There shall be printed on each official ballot to be used at the general election, the following:

a. In every municipality in which voting machines are not used, a legend which shall immediately precede the question, as follows:

If you favor the proposition printed below make a cross (X), plus (+), or check (T) in the square opposite the word "Yes." If you are opposed thereto make a cross (X), plus (+) or check (T) in the square opposite the word "No."

b. In every municipality the following question:

YES

PARENTAL NOTIFICATION FOR MEDICAL OR SURGICAL PROCEDURE OR TREATMENT RELATING TO PREGNANCY

Shall the amendment to Article I of the New Jersey Constitution, stating that the Legislature may provide that a parent or legal guardian shall receive notice before his or her unemancipated minor or incompetent child undergoes any medical or surgical procedure or treatment relating to pregnancy, irrespective of any right or interest otherwise provided in the Constitution, be approved?

INTERPRETIVE STATEMENT

This constitutional amendment would provide that the Legislature may require that a parent or legal guardian receive notice before his or her unemancipated minor or incompetent child undergoes any medical or surgical procedure or treatment relating to pregnancy, irrespective of any right or interest that is otherwise provided in the Constitution.

STATEMENT

This proposed constitutional amendment states that the Legislature may provide that a parent or legal guardian shall receive notice before his or her unemancipated minor or incompetent child undergoes any medical or surgical procedure or treatment relating to pregnancy, irrespective of any right or interest otherwise provided in the State Constitution.

The Legislature enacted the "Parental Notification for Abortion Act," P.L.1999, c.145 (C.9:17A-1.1 et seq.) and the constitutionality of the act was challenged in court. The case came before the New Jersey Supreme Court and in Planned Parenthood of Central New Jersey v. Farmer, 165 N.J. 609 (2000), the court found the act unconstitutional.

In its analysis, the New Jersey Supreme Court relied on the "more expansive" language found in the New Jersey Constitution than that of the United States Constitution, and stated that Article I, paragraph 1 of the New Jersey Constitution "incorporates within its terms the right of privacy and its concomitant rights, including a woman's right to make certain fundamental choices." In declaring the law unconstitutional on equal protection grounds under the State Constitution, the court found that the law unconstitutionally distinguished "between minors seeking an abortion and minors seeking medical and surgical care relating to their pregnancies."

This constitutional amendment is intended to overturn the court's decision and permit the Legislature to provide that a parent shall receive notice before his or her unemancipated minor or incompetent child undergoes any medical or surgical procedure or treatment relating to pregnancy, irrespective of any right or interest otherwise provided in the State Constitution.