Oh, Colorado: A Reprise

An update:

Colorado Supreme Court Allows 2008 Anti-Abortion Ballot Initiative, via Feminist Wire Daily Newsbriefs

The Colorado Supreme Court ruled 7-0 this week to allow a proposed ballot initiative for the November 2008 election that would define a fertilized egg as a person. Colorado for Equal Rights, the anti-abortion group advocating the initiative, now has six months collect 76,000 signatures in order to place the initiative on the November 2008 ballot.

Reproductive rights advocates challenged the initiative on the grounds that the title is misleading to voters, reports the Denver Post. “Proponents of this initiative have publicly stated that the goal is to make all abortion illegal, but nothing in the language of the initiative or its title even mentions abortion,” said Kathryn Wittenben, executive director of NARAL Pro-Choice Colorado, “If that’s not misleading, I don’t know what is.”

The measure, if passed by voters, would amend the state constitution to extend constitutional protections to fertilized eggs. The goal would be to effectively make all abortion illegal under Colorado state law. However, federal constitutional rights under Roe v Wade, as long as the Supreme Court upholds it, would still make abortion legal in Colorado. Such deceptive state efforts are designed to put state laws in place to make abortion illegal for if and when Roe is reversed.

According to NARAL Pro-Choice America’s Who Decides 2006 report (PDF), “[Fifteen] states already have bans on abortion throughout pregnancy that may become enforceable if Roe is overturned: AL, AZ, AR, CO, DE, LA, MA, MI, MS, NM, OK, UT, VT, WV, WI. [Eleven] states have laws on the books expressing an intention to outlaw abortion if Roe is overturned, or similar anti-choice policy positions, sometimes called “trigger laws”: AR, ID, IL, KY, LA, MO, NE, ND, PA, SD, UT.”

This law could also affect any woman using hormone-based birth control or in-vitro fertilization. “This measure is far outside the mainstream of Colorado,” said Vicki Cowart, president of Planned Parenthood of the Rocky Mountains, “and voters will not support it.”

NARAL Pro-Choice Colorado adds:

NARAL Pro-Choice Colorado is working with the Protect Families, Protect Choice (PFPC) coalition to evaluate the full range of potential consequences of the initiative.

Substituting the language proposed in the initiative, the rights defined in Colorado’s constitution would be changed as follows:

Article II, Section 3. Inalienable Rights. All persons, including any human beings from the moment of fertilization, have certain natural, essential and inalienable rights, among which may be reckoned the right of enjoying and defending their lives and liberties; of acquiring, possessing and protecting property; and of seeking and obtaining their safety and happiness.

Article II, Section 6. Equality of Justice. Courts of justice shall be open to every person, including any human being from the moment of fertilization, and a speedy remedy afforded for every injury to person, including any human being from the moment of fertilization, property or character; and right and justice should be administered without sale, denial or delay.

Article II, Section 25. Due Process of Law. No person, including any human being from the moment of fertilization, shall be deprived of life, liberty or property, without due process of law.

Obviously, this is not good. If a fertilized egg becomes a legal “person,” as this initiative is working to do, then not only will all abortions — regardless of how many weeks along the embryo is — become illegal, but emergency contraceptives (EC) — indeed, all hormonal contraceptives that keep fertilized eggs from implanting in the uterine lining — will become abortive measures and will hence be illegal.

These assholes want control over women’s bodies and choices without considering the very real effects laws like this will have on women’s autonomy. But it’s not just that they’re disregarding women’s lives and choices — they’re disregarding the other effects this law could have on society at large if this law is enacted. Via comments at Feministing, some other things the initiative-makers apparently haven’t considered thoroughly:

• Dee: Does my fertilized egg need a passport to travel out of the country?
• Akeeyu Buttmansion: Does this mean that my husband and I will get TAX DEDUCTIONS for all the fertilized eggs we created whilst doing IVF?
• Basiorana: Doesn’t that mean EVERY SINGLE EGG that gets fertilized in IVF has to be carried to term? Even if doing so means that the mom may die because no human female was meant to carry seven or eight infants at once?
• JPlum: If a fertilized egg is a person, does that mean that a pregnant woman can sue it for pain and suffering? Trespassing? Theft of services?; The government records archivist in me is also asking ‘Do you people have any idea how this will affect the collection of vital statistics?’
• Mary Tracy9: If a fertilized egg is granted personhood, what about HOMINIDS? Oh, it’s OK to torture a gorilla, but it’s NOT OK to kill a fertilized egg???
• ChickenSh*tEagle: Another consideration: since about half of all fertilized eggs get expelled spontaneously, this is a great opportunity for the pharma companies — a fertilized egg retention pill, mandatory after every intercourse.
• InnerBrat: So does anybody conceived in the State of Colorado immediately become a US citizen?
• mikedish: Doesn’t this also open up women who miscarry to charges of negligent homicide? Especially if they smoked or drank before they realized they were pregnant (or even after)?

So, what can you do?

1. If you live in Colorado, do not vote in favor of this initiative next year.
2. Look at NARAL’s list of Things You Can Do
3. Do something on the list
4. Donate to NARAL Colorado
5. Write a letter to your local editor to call attention to this ridiculous crap
6. Be a One-Minute Activist
7. Write in your blog/journal about this ridiculous crap