Washington Post Examines Colo. 'Personhood' Ballot Initiative

Main Category: Sexual Health / STDs
Also Included In: Abortion;  Women's Health / Gynecology
Article Date: 16 Jul 2008 - 6:00 PDT

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The Washington Post on Sunday examined a proposed amendment to the Colorado Constitution that would define a "person" to "include any human being from the moment of fertilization." According to the Post, Colorado is the first state to succeed in placing such an amendment on a statewide ballot (Surdin, Washington Post, 7/13).

Supporters of the initiative, including the group Colorado for Equal Rights, submitted 130,000 signatures to place the initiative on the ballot, well in excess of the 76,000 required under the law. The initiative is seeking to amend the state constitution to define "any human being from the moment of fertilization" as a "person" for purposes of the state's constitutional provisions "relating to inalienable rights, equality of justice and due process of law" (Daily Women's Health Policy Report, 5/30).

Opponents of the initiative -- including the coalition Protect Families, Protect Choice -- have said the proposal aims not just to outlaw abortions in Colorado but ultimately to overturn Roe v. Wade by inciting a court case that would bring the issue to the U.S. Supreme Court, where supporters of the measure hope a conservative majority would strike down Roe. Critics of the initiative also have said that it would limit medical research involving embryos, invite intrusive government oversight of pregnancies and ban certain contraception, including the intrauterine device and emergency contraception.

Crystal Clinkenbeard -- spokesperson for Protect Families, Protect Choices -- said, "If we give fertilized eggs legal rights, abortion could be considered murder, and a woman could be sent to jail for making the difficult life decision to terminate a pregnancy." According to legal experts, the measure also could expand the reach of the law into other arenas. For example, a woman who miscarries could be charged if she were deemed responsible, even unintentionally, and if a woman smoked or drank while pregnant, her behavior might be considered negligent, the Post reports. In addition, damaged eggs might be eligible for monetary damages, and use of fertilized eggs at fertility clinics or in medical research labs would come into question because the disposal of unused eggs could be considered homicide.

Scott Moss, a professor at the University of Colorado Law School, said the amendment also calls into question pregnant women's medical access. "If a pregnant woman is really two people with exactly equal rights, then it is not clear the pregnant woman can undergo any medical treatment that jeopardizes a fertilized egg," Moss said, adding that the amendment would generate a flood of litigation.

Leslie Hanks -- vice president of Colorado Right to Life, which is one of the chief sponsors of the measure -- said, "The goal is to restore legal protection to preborn babies from the moment they are conceived, which is the only way we're going to stop abortion." According to the Post, the initiative has "proved divisive" among abortion-rights opponents. Hanks said groups including the National Right to Life and Focus on the Family have not supported the initiative, adding, "They surely haven't helped us. We've gone this alone in Colorado." Carrie Gordon Earll, senior director of issues analysis at Focus on the Family, said the organization supports efforts to ban abortion, but not the Colorado strategy. "In our view, you don't have to have a personhood amendment before the court to overturn Roe v. Wade. You just need the right court. So we are more interested in the makeup of the court than what particular challenge comes before the court" (Washington Post, 7/13).

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