1972 California Proposition 11 Explained

Proposition 11, sometimes known as the "Privacy Initiative" or the "Right to Privacy Initiative", was a ballot initiative to amend the constitution of the state of California to include privacy as an inalienable right to citizens in "Article 1: Declaration of Rights" of the constitution.

The Proposition was co-authored by California State Assemblyman Kenneth Cory (D-Garden Grove) and California State Senator George Moscone (D-San Francisco) as a protective measure against government agencies collecting personal information from citizens.[1] Assemblyman Cory also expressed specific concern for privacy due to the potential threat that new technology had on compromising privacy.[1] Opponents of the measure argued that such an initiative was unnecessary since the courts and State Legislature already had the power to address issues of privacy.[1]

On November 7, 1972, the proposition overwhelmingly passed and consequently resulted in explicit references to privacy in the California State Constitution.[2]

Subsequently, Supreme Court of California decisions have used this enumerated right to grant additional rights beyond those of the California Constitution. Abortion restrictions[3] and occupancy rules that required blood relations for residents in single family zoned homes[4] were struck down under Proposition 11's guarantee to privacy, as well as discovery regarding a sexual harassment victim's sexual history and drug tests of college athletes.[5]

Notes and References

  1. News: Blake . Gene . Prop. 11 Adds Privacy to Peoples' Rights in California Constitution . C7 . Los Angeles Times . 1972-10-18 . https://archive.today/20130131195302/http://pqasb.pqarchiver.com/latimes/access/650644142.html?dids=650644142:650644142&FMT=ABS&FMTS=ABS:AI&date=Oct+18,+1972&author=GENE+BLAKE&pub=Los+Angeles+Times&desc=Prop.+11+Adds+Privacy+to+Peoples'+Rights+in+California+Constitution&pqatl=google. dead. January 31, 2013. 2008-06-04 .
  2. Book: Grodin, Joseph R. . Calvin R. Massey . Richard B. Cunningham . The California State Constitution: A Reference Guide . . Westport, CT . 1993 . 23–24 . 0-313-27228-X .
  3. Web site: 2018-07-08 . Column: Abortion may soon return to the national political debate, but it's largely settled in California . 2022-05-03 . Los Angeles Times . en-US.
  4. Web site: City of Santa Barbara v. Adamson, 27 Cal.3d 123 Casetext Search + Citator . 2022-05-03 . casetext.com.
  5. Web site: Kelso . J Clark . 1992-01-15 . California's Constitutional Right to Privacy .