The proposed resolution seeks to amend the New Jersey Constitution by adding a new paragraph that would require parental or legal guardian notification before an unemancipated minor or incompetent child undergoes any medical or surgical procedure or treatment related to pregnancy. This amendment aims to provide the Legislature with the authority to enforce such notification, regardless of existing constitutional rights or interests. The resolution outlines the process for submitting this amendment to the public for a vote during the next general election, ensuring that it is adequately publicized in local newspapers.
The motivation behind this amendment stems from a previous legal challenge to the "Parental Notification for Abortion Act," which was deemed unconstitutional by the New Jersey Supreme Court. The court's ruling was based on the broader privacy rights enshrined in the New Jersey Constitution, which it interpreted as protecting a woman's right to make fundamental choices regarding her pregnancy. By proposing this constitutional amendment, the resolution seeks to overturn the court's decision and establish a legal framework that mandates parental notification for minors seeking pregnancy-related medical procedures.