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Abortion access in the U.S.

Proposed Colorado constitutional
amendment to outlaw abortion

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Sponsored link.

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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.

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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:

bulletAll abortions would be criminalized, including those needed to save the woman from death or permanent crippling disability.
bulletEctopic 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.

bulletThe 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.
bulletThe use of IUDs as a birth control technique, because they can prevent an existing fertilized ovum from implanting.
bulletThe 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.
bulletThe extraction of stem cells from embryos donated for research by the parents would be criminalized.
bulletPre-implantation Genetic Diagnosis which prevents birth defects by eliminating defective embryos would also be criminalized.
bulletTreatments and cures for debilitating diseases and disorders through the use of embryonic stem cells might be criminalized.

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Reactions:

bulletColorado 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

bulletAn 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

bulletKMGH-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.

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Related essays:

bulletLaws restricting abortion in the U.S. and Canada
bulletAnti-abortion bills in various states
bulletRoe v. Wade: Its basis; court philosophies; political aspects
bulletThe future battle over women's access to abortion; The impact if Roe v. Wade is overturned

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References:

The following information sources were used to prepare and update the above essay. The hyperlinks are not necessarily still active today.

  1. "Language of Colorado's Human Life Amendment," Colorado for Equal Rights, at: http://www.coloradoforequalrights.com/
  2. "Colorado Supreme Court gives green light to restore personhood to the unborn," Colorado for equal rights, 2007-NOV-13, at: http://www.coloradoforequalrights.com/
  3. "Giving equal rights to frozen embryos?," Socialist Worker, 2007-NOV-30, at: http://www.socialistworker.org/
  4. "Court: Wording Of Anti-Abortion Measure Is Legal. Ballot Measure Would Define Fertilized Egg As Person," KMGH-TV Denver, CO, 2007-NOV-13, at: http://www.thedenverchannel.com/
  5. "Ectopic Pregnancy," Kids Health for Parents, 2004-MAY, at: http://www.kidshealth.org/
  6. "Life Counts!," Colorado for Equal Rights, at: http://www.coloradoforequalrights.com/

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 Home page > "Hot" topics > Abortion > Legal aspects > here

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Copyright © 2007 by Ontario Consultants on Religious Tolerance
Original posting: 2007-NOV-30
Latest update: 2007-NOV-30
Author: B.A. Robinson

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