The First Step to Dismantling Abortion Rights

by Darsana Srinivasan, Health Fellow
National Women's Law Center

The Colorado Supreme Court has cleared the way for anti-choice group Colorado for Equal Rights to propose an amendment to the Colorado constitution to define the term “person” to include "any human being from the moment of fertilization." Proponents of the initiative must now collect 76,000 signatures to get the measure on the statewide ballot for 2008.

Just to be clear, if adopted this means that a single, fertilized egg would have the same constitutionally protected rights as, well, people, with regards to inalienable rights, equality of justice, and due process under state law. So, along with raising a host of questions regarding stem-cell research, in-vitro fertilization, and even contraception, it raises the obvious question of how to balance the rights of these microscopic “persons” with the women they reside in and therefore clearly implicates abortion, right? Well, misleadingly, nothing in the title or language of the amendment mentions abortion, despite Colorado for Equal Rights’ strong anti-abortion stance. This isn’t a simple human rights amendment as the Colorado Supreme Court found, despite arguments to the contrary from choice organizations that highlighted the far-reaching consequences of the measure.

Hopefully Colorado’s registered voters will read between the lines and check the proponent’s anti-choice rhetoric before endorsing the ballot initiative.

Despite its disingenuous methods, the Colorado ballot initiative is simply a subtler approach to what several states have been trying to do — ban abortion. The ballot measure is the first step in creating a legal framework to dismantle abortion rights in the state. Others anti-choicers are making similar plays across the country: Montana State Representative Rick Jore wants his own personhood-begins-with-conception ballot measure, and even at the federal level there are measures defining personhood at fertilization, like Representative Ron Paul H.R. 2597, The Sanctity of Life Act.

To see what other states have been trying to chip away at your right to a legal abortion take a look at our abortion ban fact sheet.

Comments

[ema]

"Hopefully Colorado’s registered voters will read between the lines..."

I doubt that very much, in light of the CSC's decisions.

I mean, the very job of the people on the CSC includes basic knowledge of the topic under consideration. And yet, these people are ignorant enough to find that conferring personhood to 1) several types of tumors, 2) a bunch of totipotent cells, and 3) placentas (yeay, finally one of my favorite body organs gets due process under the law) is a matter of human rights.

Bottom line: We better polish up our propaganda skills, because relying on reality to keep abortion legal is a losing proposition.

[Gretchen, NWLC]

Thanks for the insightful comment, Caitlain. You're exactly right, and of course that is part of the anti-choice strategy. Luckily NARAL Pro-Choice Colorado and other CO groups are prepared to do the kind of education and outreach that is needed. I met with Toni Panetta, NARAL CO's Deputy Director, earlier this month and if anyone can do it, it is them! Visit their website to learn more about their efforts to stop the ballot initiative and to see their educational materials. http://www.prochoicecolorado.org/

[Caitlain]

Sadly, the average voter isn't likely to expend the effort to try to understand what is going on behind this. At least, not without substantial public education and outreach to put it all out there. I hope someone is able to do that In Colorado.