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10/10/2008

Rocky Mountain huh?

They're calling it the Personhood Initiative of 2008.  Next month Coloradoans will vote on whether to amend their state Constitution "to include the pre-born from the moment of fertilization as having their 'personhood' clearly established."

This description comes from Colorado for Equal Rights, the force behind proposed amendment 48, "Equal Rights" in this case being as much of a creepy buzzwordy misnomer as "pre-born."  The thrust of the measure, say its supporters, is "to define a person in Colorado as a human being from the moment of fertilization."

Kristi Burton is the 21-year-old sponsor behind amendment 48 and the co-founder of Colorado for Equal Rights.  Instead of employing straightforward anti-choice rhetoric, she takes a stealthier tack.  She insists that the goal of the amendment is simple: to establish a legal definition of when life begins.  "The Personhood Amendment isn't an attack on women's health care," she writes; it's about "empowering the voter," and about "catching our laws up to our science," which has, according to Burton, resolved the question of when life truly begins.  (It, uh, hasn't.) 

She claims her organization has no greater aim than to settle that question, that the measure's goal is only to enable future debate about bigger issues.  You know, bigger issues like abortion.  And stem cell research.  And almost certainly assisted reproduction.  And most likely contraception.  Possibly cancer treatment, too.  And theoretically even a miscarrying woman's right to privacy — or, at the extreme, to lose a pregnancy without being jailed.  (Remember Virginia?)

Just as the measure's possible consequences do, its opponents' concerns go beyond the matter of abortion.  "If the amendment passes," two of 48's detractors point out, "Colorado's juvenile courts will have jurisdiction whenever doctors or family members disagree with a pregnant woman's medical decisions," citing cases where women were forced to undergo C-sections against their wishes.

As far as ART is concerned, if measures like amendment 48 don't lead to outlawing IVF outright, they will at the very least invite governmental intrusion on the intensely personal issues that every ART patient struggles with — how many embryos can be created during a cycle, for example.  And what you must do with any you choose not to transfer.  And what options are available to you when you discover that the embryo that has implanted has chromosomal or physical defects.  (Hint: Damn few.)  And exactly how gay you can be and still have the right to treatment.  (Hint: Zero.  Zero gay.)

Opponents of amendment 48 count among their number pro-choice activists, of course, but also physicians, legal scholars, victims of sexual assault, religious leaders, and the governor of Colorado, a pro-lifer who nevertheless charges that this measure goes too far, calling it "bad policy, bad medicine and bad law." 

Let me reiterate: Even Colorado's highest elected official, a Catholic who ran for office on a pro-life platform, opposes 48.

The Denver Post calls the measure "legal mischief."  Colorado's Lieutenant Governor says it makes her state's other "wacko ballot initiatives" "look tame," and calls it "an extreme agenda run amok."  I call it scary as hell, and I don't even live in Colorado.  This measure is part of a long-term national strategy that seeks to undermine and ultimately terminate our reproductive freedom — not only the right to end a pregnancy, but, for infertile people, the ability to build our families at all.

Amendment 48, and similar measures in other states, simply can't be allowed to pass.  If you live in Colorado, please vote.

A grateful flap of the voting booth curtain to Audrey and How to Make a Family.

Posted by Julie at 11:31 AM in Hellbound handbasket | Permalink

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Comments (64)

I live in Colorado and amendment 48 scares the hell out of me. The sad thing is that, even to someone who's pro-choice, this may not sound like such a bad thing on the surface. Talking to a couple of friends last week, they had no idea what the legal implications of 48 were until I explained them, and these are very intelligent women. I sincerely hope that the voters of Colorado are smart enough to figure out that 48 is a BAD idea (although based on their past voting record, I'm not sure how likely that is).

Posted by: Gaye at Oct 10, 2008 11:47:26 AM

Yeesh. Very scary. And yet you still had me chuckling with that zero gay comment. You're an amazing woman, Julie. Thanks for the info. I'll be trying to get the word out too.

Posted by: Carrie Jo at Oct 10, 2008 12:03:20 PM

Geeze that is scary!

Posted by: Deanna at Oct 10, 2008 12:03:40 PM

Wow, sounds like this Burton character may have a future as a republican vp nominee.
Does a crazy bill like that really stand a chance of passing?

Posted by: Channa at Oct 10, 2008 12:04:19 PM

The Law of Unintended Consequences comes into play here too. An infant who is disabled as a result of a home birth can sue his parents for attempted murder, or at the least, grievous bodily harm. As things stand now, until birth the fetus has no legal rights, you see. Parents can be tried for murder should they refuse medical advice which results in intrauterine fetal death.

It's not just abortion and contraception that are threatened.

Posted by: Antigonos at Oct 10, 2008 12:16:43 PM

So, does this mean women could claim bereavement leave for "chemical" pregnancies?

Posted by: Carbon at Oct 10, 2008 12:21:03 PM

It is so unbelievable that it's even being thought of here in Colorado. It's soo soo very scary to think of what would happen if this actually passed.

No on 48!

Posted by: Jen at Oct 10, 2008 12:31:10 PM

Wow, this is truly terrifying. Thank you for posting about things like this that I wouldn't otherwise hear about.

Posted by: namaste at Oct 10, 2008 12:42:07 PM

This sounds absolutely terrifying to me. The implications are perfectly clear. What a terrible blow to women's rights this would be! And to assisted reproduction therapies as well! I hope that people will be wise enough to vote no.

Posted by: Trish at Oct 10, 2008 12:47:04 PM

I live in CO and am absolutely voting against it. The woman (not much more than a girl) who sponsored it, by the way, was completely home-schooled growing up, has worked only for her father's company, and attended a VERY evalgelical Christian college, where part of the admission process requires you to swear that you don't believe in evolution. When asked by a local interviewer if she had EVER rebelled against anything in her family, she had to "get back to him," and then what she came up with was that one time she almost got a tattoo. She has had an extremely sheltered, isolated life that most Americans cannot even fathom. I have no problem with this, except when she tries to foist her worldview upon the rest of the state. Then? We need to talk.

Posted by: Anne at Oct 10, 2008 12:50:49 PM

I live in Colorado too- the implications of this ammendement are frightening. As someone who has struggled with fertility, and now has an IUD "just in case," this law could mean at best no more kids for me, and at worst having to decide if I should break the law and keep my IUD at risk of going to jail for murder. Apparently, the issue is currently polling at a 40% approval rating.

Posted by: Kris at Oct 10, 2008 12:54:49 PM

And one more thing: if an embryo is considered to have all the same rights to life as its mother from the point of conception, what does one do in cases, like ectopic pregnancy, where the continuation of the pregnacy threatens the mother's life? They're the same in this situation, so you couldn't legally state that the mother's right to continue living outweighed the embryo's right to continue living. God. The number of horrible implications of this amendment is mindboggling.

Posted by: Anne at Oct 10, 2008 12:54:58 PM

Yeesh, this is scary! It's so deceptive, too. Of course a fetus is "alive", if we're looking at the scientific definition of the word "life". However, it's wrong to conflate the scientific definition with the cultural definition, which is what this amendment attempts to do.

When we ask, "Is a fetus alive?" We do not mean, "Is it a collection of cells that respirate, reproduce, and eliminate waste?" We are actually asking, "Does a fetus have some characteristic that grants in person-hood and the rights therein, above and beyond any other collection of non-sentient living cells?"

Posted by: Sarah TX at Oct 10, 2008 1:02:46 PM

Well THAT was an eye- opener. The zero gay link was to my new gynecologist's office. I have been unknowingly patronizing the office that refused to do IUIs on a lesbian couple because of religious beliefs. Hmm. Guess I won't be going there anymore! Maybe I'll send them a letter explaining just why not!

Posted by: May at Oct 10, 2008 1:06:15 PM

It bugs the heck out of me when people make blanket statements about what science says, especially when they seem to have no understanding of basic biology. I am tired of people with a political agenda misrepresenting various fields of science as it pleases them when they clearly can't even grasp the basics.

We created 19 embryos over the course of 4 IVFs. I have one baby and nothing on ice. I would like more children and worry that it may not happen. I've had enough sadness and frustration over the 18 that did not make it without some fanatic insisting that they were people.

Posted by: Elizabeth at Oct 10, 2008 1:19:35 PM

That's absolutely mad! I hope that this measure and measures like it fail miserably. Yeek!

Posted by: Chili at Oct 10, 2008 1:22:27 PM

Yeah, that one has me champing at the bit to vote early, almost as much as the Presidential election. It's sneaky and obnoxious. I'm just glad I'm in CO so I can help knock it down.

Posted by: Ollie at Oct 10, 2008 1:57:59 PM

Holy SHIT! Damn, I'm so glad I don't live in Colorado, right now. I don't think it has a monkey's fart chance of passing, but it is scary as hell.

I applaud you for being able to make this post informative, scary, and yet still very amusing. Bravo!

Posted by: at Oct 10, 2008 1:59:17 PM

As a woman who does live in Colordao, I agree whole-heartedly: VOTE! Of all the things that scare me this election year, this one takes the cake. It's easy to say that "wacko ballot initiatives" like this haven't a chance in hell of passing, but let's us that live here not give it that chance, hmm? Please, please, please get out & vote no on 48.

Posted by: Melissa at Oct 10, 2008 2:27:58 PM

And I thought Belgium was stupid because it wouldn't let me adopt because I don't speak French....

*sighs*

I hate, hate, HATE stupid people. And their stupid agendas. Shitting all over my uterus.

Posted by: Gabrielle at Oct 10, 2008 2:45:38 PM

I live in CO. It won't pass. Even if it does, it won't ever go into effect because of the immediate legal appeals and eventual overturning by the supreme court.

Don't worry.

Posted by: gretchen at Oct 10, 2008 3:14:23 PM

You are right - this is a stealth tactic. The whole point of the ruling behind Roe v. Wade was that there was no way to know for sure when exactly life begins. In other words, as humans, we can not be the judge. So legally defining the beginning of life has been the big question, hasn't it? And how would quoting "science" for this issue help push the whole idea of evolution being a "theory" of creation?

Posted by: susie at Oct 10, 2008 3:21:24 PM

I don't know CO well enough to know whether it will pass or not, but I do know the Republicans like to get shit like this on the ballot in Presidential election years, to get the almighty Base to come out in force. Gross, but smart.

Posted by: Ellen M at Oct 10, 2008 3:29:52 PM

Dude! This shit is fucked up, and I don't think it will pass. I will be voting against it and so will my friends and family.

*Keep on Barackin'*

Posted by: Mollie at Oct 10, 2008 4:06:10 PM

Interesting. I've always been pro-life and as you began the post, I felt like that was all this girl was trying to accomplish, but I was shown a completely different side as your post continues.
Thank you very much for showing me a different perspective on this issue. I would hate for something like this to pass and then have all these issues come up for women who need the assistance of ART, etc.

Posted by: Mrs. Moose at Oct 10, 2008 4:41:33 PM

There may be a possibility that my husband will be offered a job in CO, but if this bit of craziness passes, there's NO WAY in hell we're moving there. Especially since we want to do IVF.

I wonder what the folks at CCRM think of this, since it would essentially outlaw their business?

Posted by: Natalee at Oct 10, 2008 4:58:07 PM

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Posted by: Ladybug at Oct 10, 2008 6:44:05 PM

Wow. That is one of the scariest things I've read in a long time. I'm always truly surprised how many women are anti-women. Thanks for bringing much-needed attention to this.

Posted by: rachel at Oct 10, 2008 6:45:30 PM

Really? Sweet cracker sandwich...I was just working on a post poking (gentle) fun at how liberal and earth-friendly and well, liberal my part of Colorado is. And then I read this. Rest assured, I will be voting AGAINST 48, and will be talking to all my friends to ensure they are aware of it as well.

Posted by: ellbee at Oct 10, 2008 6:46:19 PM

The concept of a "court-ordered Cesarean" should be cringe-worthy to any woman of reproductive age. They are so rare, but would they still be with legistation in place that values fetal interests and medical authority over pregnant women?

This means that if all of the women on the Unnecesarean web site that vaginally birthed big babies consented to unreliable late-term ultrasounds to estimate fetal size, then said no to a prophylactic c-section, at least a few would end up on the path to court-orders under this law, don't you think?

A bit of a slippery slope argument, but I just couldn't support anything that would allow medical and legal authority more chances to trump a pregnant woman's rights.

Posted by: Unnecesarean at Oct 10, 2008 7:20:30 PM

Wow, cool, you linked back to my 2005 post about the Virginia miscarriage bill travesty. I'm still so proud of what we in the blogosphere achieved in defeating that bill!

Eternal vigilance is the price of liberty, right? We have to be vigilant about this shit.

Great post.

Posted by: Maura at Oct 10, 2008 7:38:58 PM

Oh, hell NO. Thankfully, there's no way there are enough stupid people to pass this bill... right? But it's scary enough to think that something so ridiculous has gained even an iota of momentum.

Posted by: Jamie at Oct 10, 2008 7:44:26 PM

I also live in CO and this scares the hell out of me. I can see how people would not see the far reaching implications of this bill though - and that's what is scarier.

If you really want to - you could see how these zealots would say that a woman who miscarries should be charged with manslaughter.

Chilling and wrong... the last poll I saw had something like 40% against this amendment, 25% for it and 21% undecided... too many for it and undecided when the answer should be clear.

And it's been pretty quiet on the Pro Life front... so I think that it is a total stealth tactic.

Posted by: at Oct 10, 2008 8:04:40 PM

I consider myself to be a pretty conservative Republican (please, don't throw rocks at me - I believe that the ability to voice different opinions is what makes this the world's best country to live in). Anyway...

Even still, this is a very, very dangerous proposition. Even with my wretched conservative ways, I still fully believe that there has to be choice. Personally, I wouldn't partake in abortion (8+ years of infertility, 3 IVFs, death of preterm twins, etc...um, I really don't think it applies to me), BUT, every woman (or couple, depending on the circumstances) deserves the right to choose.

I think it can be safely said that while abortion should remain on the table - there really does need to be less of them. Using it for birth control just isn't right. But, since you can't put stipulations on it, it just has to be an option.

Honestly, most Repubs that I know feel the same way on the subject. Sure, there are the VERY far right that will fight it to the bitter end, and they give the rest of us a bad name, but most of us are pretty sensible...really.

Posted by: DD at Oct 10, 2008 9:05:51 PM

This bill is scary and it's even more frightening that it has even a snowball's chance in hell of passing. Because it has more of a chance than that. I am so scared for the direction that the entire country is headed. It needs to turn around and it needs to turn around quickly.

Posted by: Courtney at Oct 11, 2008 12:45:30 AM

Just moved to Denver in the beginning of Sept. I thought about holding off on changing my address in case an egg actually sticks because Colorado doesn't offer maternity coverage for individual plans - how does THAT play into Prop 48??? However, when I learned Obama needs my support I started to waiver. Then I heard about Prop 48. I went down to the ice cream shop after hanging up with a girlfriend who told me about it and registered to vote.

Can they put me in jail if I miscarry because I couldn't get prenatal coverage? Quite possibly! Freaking wacko Colorado Springs Conservatives!

Posted by: Shell at Oct 11, 2008 1:24:01 AM

If this bill passes and I were to live in Co, could I sue god for my miscarriages? I mean I have proof that at least one had normal chromosomes so it must have been god's fault.

Also, the majority of embryos are not chromosomally normal and therefore do not have the genetic make up of a human being. Can we extend personhood to every being. I thought the whole idea of personhood is still a philosophical discussion anyway. I took a whole class and wrote a term paper.

As a scientist, I am appalled by these people who pervert science to justify and inflict their beliefs on others.

Posted by: Nicole at Oct 11, 2008 11:33:19 AM

That is frightening. However, there is one thing that could counteract some of it - because of religious groups' fights for parents' rights over children's medical treatment. So if I could refuse medication for my ten year old child for religious reasons, theoretically I could also refuse it for my twenty week old fetus.

But I think if it passed, it'd create more chaos than anything else. Would bartenders have to administer pregnancy tests to all women so that they can't be accused of selling alcohol to a child? What would happen to surrogate mothers?

And the bigger headache would come from conferring that status on embryos - a woman could claim the tax deduction from the moment the stick turned blue. Censuses would be a nightmare. And with the frequency of early miscarriage, suddenly Colorado's death rate will skyrocket.

Posted by: Molly-Claire at Oct 11, 2008 1:18:24 PM

I am from Colorado, I just voted against this when I mailed my ballot in yesterday. Freaky how this one flew in under the radar of so many people. It is a scary issue.

Colorado, the state that also gave us the failed "Amendment 2" which would have repealed civil rights protections for gays and also a recent ballot issue proposing a ban on gay marriage. Both of these failed, Amendment was declared unconstitutional. Colorado has an unusual amount of ballot initiative freedom and this means that these wack jobs can put just about anything on the ballot.

The state that has Boulder...bastion of 60's liberalism, nuts, fruits and dreadlocks...also has Colordo Springs, home of James Dobson's Focus on the Family. This is so weird to me, since most of this fundamentalism stuff began in the early 90's, and wasn't present when I was growing up. Dobson only moved his operation there in the late 80's I believe.

Gotta be vigilant...I say, NOT IN MY COLORADO, Kristi!

Posted by: Theresa at Oct 11, 2008 2:31:54 PM

Just when you thought the country couldn't get any more bass-ackwards, this happens. Good grief. And she's a female? She scares me.

Posted by: JK at Oct 11, 2008 5:32:48 PM

chicks like that make me want to strip 'em naked and show them the practical effects of their views.

Posted by: RainbowW at Oct 11, 2008 5:48:49 PM

Scary. Scary. Scary.

Posted by: Rachel at Oct 11, 2008 7:58:51 PM

I...don't know what that means, RainbowW!

Posted by: Julie at Oct 11, 2008 8:09:03 PM

My mom said that my brother, a junior at CU, was changing his voter registration from NM (where my parents live) to CO because of ballot initiatives. He's a Obama-voting bleeding heart, so I assume he's going to vote no, no, no to this.

I am proud.

Posted by: Kate at Oct 11, 2008 8:18:19 PM

I was a fucking twit when I was 21 too but this girl takes the cake. This makes me so freakin' angry I want to spit.

I sincerely hope Karma kicks her in the teeth.

Posted by: Marcy at Oct 11, 2008 9:08:35 PM

This is an interesting discussion. I'm a law student in Australia. Here in my state (NSW), a baby doesn't become an independent person until it can breath and survive with circulation independent of it's mother. So if you kill a baby in utero, then it's just grievous bodily harm to the mother, not murder (or manslaughter).

Posted by: Ink Fingers at Oct 12, 2008 6:23:36 AM

Last time I checked, Colorado was a predominantly liberal state. Or maybe I'm focusing on Boulder elite liberals. It may just be my perception. However, I am a firm believer that people deserve the governments that are elected. If people don't get out and vote on what is important to them, then I guess it's the fault of the citizens, not the crazy people trying to change the laws.

I believe in having a choice. I believe in having debate that produces positive change (whatever THAT means). I believe that Roe vs. Wade is not a great legal argument PRO-choice. I think that, by virtue, my body is mine, and no one has a right to tell me what to do with it. Roe vs. Wade does not address that, in the least.

SO, regardless of whether one is pro-choice or pro-life, the legal implications of this bill appear, from your post, to be far-reaching into the private lives of citizens. I'm guessing it's a bit too far-right to actually pass, but then again - I've been known to be wrong on more than one occasion.

Speaking as a Libertarian-type Independent voter, I still say that we, as a people, deserve what our government does. In the end, we have allowed things to become the way they are, myself included in "we".

Real change only happens when career politicians don't get their jobs back.

Posted by: Sarah at Oct 12, 2008 10:16:39 AM

Sarah, actually Colorado is FAR from a predominantly liberal state. In fact, it has historically been a very red state. It's just in the past couple of elections that Colorado has started becoming a purple, swing state. Denver and Boulder are pretty liberal, but the majority of the rest of the state is not. In addition to the conservative stronghold in Colorado Springs, most of the state is very rural, and accordingly, pretty red.

Posted by: Gaye at Oct 12, 2008 1:41:41 PM

I live in Colorado, and sadly I think this has a huge chance of passing because most people simply aren't thinking about the unintended consequences. Plus, it doesn't seem to be getting much attention. It's very, very scary.

Posted by: Mandy at Oct 12, 2008 4:21:24 PM

We just kind of never learn anything in this country. We decided to make it illegal to drink alcohol. That opened up a whole new career for underemployed or unemployed criminals. Of course, criminals aren't all that namby pamby about making sure that what they are selling or doing is not lethal but hey, at least they overcharge you.
So, we discovered a deep desire to make drugs illegal in this country...read above.
In the 50's it was illegal to have abortions...read above.
You can't outlaw abortions or any other medical need. You can only insure that the people involved in offering these services are not trained, ethical or willing to spend much to do them safely.

Posted by: Gillian at Oct 12, 2008 5:08:06 PM

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