Proposed Colorado
constitutional
amendment to outlaw abortion
Sponsored link.
Approval of signature collection:
Colorado for Equal Rights -- a pro-life group -- is proposing a
referendum to redefine the term "person" at three places in the Colorado
Constitution. The wording is:
"SECTION 1. Article II of the constitution of the state of
Colorado is amended BY THE ADDITION OF A NEW SECTION to read: Section 31. Person defined. As used in sections 3, 6, and 25 of
Article II of the state constitution, the terms "person" or "persons" shall
include any human being from the moment of fertilization. 1
They obtained two unanimous votes from the state's Title Board. However, the petition
was appealed on the basis that it dealt with more than one issue. 2
On 2007-NOV-13, the Colorado Supreme Court approved the referendum's wording.
If the group is able to collect 76,000 affirmative signatures from state
citizens, then the question will be placed on the 2008 ballot. The group expects to
collect about 100,000. signatures. If approved, it would change the state constitution to:
"...include any human being from the moment of fertilization as a
‘person’...in those provisions of the Colorado Constitution relating to
inalienable rights, equality of justice and due process of law." 3
That is, pre-embryos, embryos, and fetuses would be guaranteed the same
rights as newborns, children and adults.
Implications of the referendum:
Kristi Burton, a 20-year-old law
student, heads Colorado for Equal Rights. She, her group, and their web site are
not discussing the changes that would result if the referendum were passed. She
notes that the constitutional amendment:
"...doesn't outlaw abortion, it doesn't regulate birth control. It's just
a constitutional principle. We're laying a foundation that every life
deserves protection. ... We'll see what happens after that." 4
If implemented, then certain devices and actions would apparently be
criminalized, and individuals could be prosecuted for committing first class,
premeditated murder. This would seem to include the following:
All abortions would be criminalized, including those needed to
save the woman from death or permanent crippling disability.
Ectopic pregnancies (a.k.a. tubal pregnancies) could not be terminated.
Ectopic means "out of place." It involves an embryo that implants
itself outside the uterus -- most commonly in a fallopian tube. According to
the KidsHealth web site:
"As the embryo grows, it will eventually burst the organ that
contains it. This can cause severe bleeding and endanger the mother's
life." 5
Treatment involves the removal and resultant death of the embryo. The
only alternative is to do nothing, and allow both the woman and embryo to
inevitably die.
The use of emergency contraception, commonly
called the morning-after pill, because there is a small possibility that it
will prevent a fertilized ovum from implanting itself in the wall of the
womb.
The use of IUDs as a birth control technique, because they can prevent
an existing fertilized ovum from implanting.
The practice in infertility clinics of discarding surplus embryos. These
clinics often harvest 20 or so ova, fertilize them, and select about three
of the healthiest embryos for implantation. The rest are either frozen for
future use or discarded. Freezing results in the deaths of some embryos,
either at the time of freezing, or later if the embryos are thawed out. The
clinic would be forced to implant every embryo that they produce, even if it is
defective.
The extraction of stem cells from embryos donated for research by the
parents would be criminalized.
Treatments and cures for debilitating diseases and disorders through the use
of embryonic stem cells might be criminalized.
Reactions:
Colorado for Equal Rights states:
"This amendment will establish a cornerstone for protecting human
life in our society... and we all know this is the right thing to do.
This campaign is not about the power of money... it is about the power
of truth. We are giving Colorado voters an opportunity to vote their
conscience and protect the most innocent and helpless ones among us. If
life is protected from the very beginning, Colorado for Equal Rights
believes that we can transform our nation from a culture of death into a
culture of life. Therefore, we are taking the necessary action to allow
Coloradoans to guarantee every person equal rights under our laws." 6
An article in the Socialist Worker states:
"Anti-choice activists claim these laws are about protecting the
'life' and 'personhood' of a fetus. In reality, they would take away the
'personhood' of women--by reducing a woman to the equivalent of a
walking uterus and potentially making it illegal for her to take any
action (like the use of an intra-uterine device or oral contraceptives)
that might interfere with the ability of a fertilized egg to implant
itself." 3
KMGH-TV conducted an informal poll among
visitors to its web site. They asked "Do you consider a fertilized egg a
person?" By the end of 2007-NOV, 3,076 votes were cast: 47% voted yes;
47% voted no, and 6% were undecided. 4
If passed the referendum would undoubtedly be
challenged in court. That could eventually result in the U.S. Supreme Court
overturning Roe v. Wade. Conceivably, the court could affirm that human
personhood begins at conception and thus criminalize abortions everywhere in the
U.S.
"Colorado Supreme Court gives green light to restore personhood to the
unborn," Colorado for equal rights, 2007-NOV-13, at:
http://www.coloradoforequalrights.com/