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]

References

  1. 1 2 3 Blake, Gene (October 18, 1972). "Prop. 11 Adds Privacy to Peoples' Rights in California Constitution". Los Angeles Times. p. C7. Retrieved June 4, 2008.
  2. ↑ Grodin, Joseph R.; Calvin R. Massey; Richard B. Cunningham (1993). The California State Constitution: A Reference Guide. Westport, CT: Greenwood Press. pp. 23–24. ISBN 0-313-27228-X.
  3. ↑ "Column: Abortion may soon return to the national political debate, but it's largely settled in California". Los Angeles Times. July 8, 2018. Retrieved May 3, 2022.
  4. ↑ "City of Santa Barbara v. Adamson, 27 Cal.3d 123 | Casetext Search + Citator". casetext.com. Retrieved May 3, 2022.
  5. ↑ Kelso, J Clark (January 15, 1992). "California's Constitutional Right to Privacy" (PDF).


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