This Tuesday, voters in Colorado and North
Dakota will decide whether to grant rights to “unborn human beings”
while Tennessee residents consider a constitutional amendment
allowing the state legislature more power to regulate abortion.
Here’s a quick look at the three abortion-related measures on
Election 2014 ballots:
COLORADO – Amendment 67
In both 2008 and 2010, more than 70 percent of Colorado voters
rejected Personhood USA’s attempt to give fertilized eggs, embryos,
and fetuses full rights under the Colorado constitution. This year
the anti-abortion group is back at it with an updated, less-broad
ballot measure. If
Amendment 67 passes, it will amend the state’s constitution to
include “unborn human beings” under the definition of “person” with
regard to Colorado criminal code and the Colorado Wrongful Death
Act. The previous personhood measures would have amended the
definition of person unilaterally.
Supporters of Amendment 67, also known as the Brady Amendment,
have been trying to keep focus on Heather Surovik, a woman whose
car was hit by a drunk driver when she was eight months pregnant.
Surovik lived, but her unborn baby “Brady” didn’t. The driver
responsible was charged with vehicular assault and driving under
the influence, but not for Brady’s death.
“In honor of her son, Heather Surovik has initiated the Brady
Amendment to recognize unborn babies as persons in law,” sates
Personhood Colorado.
Opponents say the measure is an attempt to criminalize abortion.
NORTH DAKOTA – Measure 1
North Dakota residents will also vote this Tuesday on a
constitutional amendment concerning personhood.
Measure 1, also known as the “Life Begins at Conception” or
“Human Life” Amendment, would change the state constitution to
provide for the “inalienable right to life of every human being at
any stage of development.”
Some supporters of Measure 1, led by a group called North Dakota
Choose Life, insist that it’s not meant to address abortion per
se and would merely change the state constitution to
“recognize that human life is a gift”. This is necessary, according
to North Dakota Choose Life, because “wealthy out-of-state special
interest groups” are trying to overturn restrictions on abortion
that the state has already passed, such as a parental notification
requirement for abortion-seeking teens.
State Sen. Margaret Sitte (R-35), however, claims “this
amendment is intended to present a direct challenge to Roe v.
Wade. By passage of this amendment, the people of North Dakota
are asking government to recognize what science already
defined.”
Opponents of the measure say it’s so vague it could be used in
any manner of ways, including to criminalize in-vitro
fertilization or taking terminally-ill patients off life support.
TENNESSEE – Amendment 1
Amendment 1, also known as the “Tennessee Legislative Powers
Regarding Abortion” amendment, would add the following to the state
constitution:
Nothing in this Constitution secures or protects a right to
abortion or requires the funding of an abortion. The people retain
the right through their elected state representatives and state
senators to enact, amend, or repeal statutes regarding abortion,
including, but not limited to, circumstances of pregnancy resulting
from rape or incest or when necessary to save the life of the
mother.
The amendment would have no immediate effect, but supporters say
it would allow the legislature to more intensely regulate abortion
in the future. Specifically, they believe it would neutralize a
2000 Tennessee Supreme Court ruling which struck down several laws
restricting abortion access—including a 48-hour waiting period for
women seeking abortions and a requirement that second-trimester
abortions be performed in hospitals—as unconstitutional.
“For those thinking that a state constitutional amendment may be
overkill, in fact its need comes from the state court itself,” said
Dan McConchie, vice president of government affairs at Americans
United for Life.
Opponents of Amendment 1 point out that the goal of its backers
is to make all abortion illegal. “Their pitch is that this would
make the constitution neutral on abortion,” said former Tennessee
Sen. Roy Herron. “How would they like the Constitution neutral on
the Second Amendment so legislators could outlaw the right to bear
arms? How about making the First Amendment neutral?”
Amendment 1 was placed on the ballot by the state
legislature, under the guidance of State Sen. Mae Beavers (R-17)
and U.S. Rep. Diane Black (R-Tenn.), who was a state senator at the
time. As a legislatively-referred constitutional amendment, it must
earn a majority vote from those voting on the
amendment and those voting for Tennessee
governor. For this reason, Amendment 1 supporters have been urging
residents not to cast a vote in the gubernatorial
race.
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