|
The so-called “Definition of Person” Amendment Q. What does this initiative say? A. The official ballot title reads as follows:
An amendment to the Colorado constitution defining the term “person” to include any human being from the moment of fertilization as “person” is used in those provisions of the Colorado constitution relating to inalienable rights, equality of justice, and due process of law.
The full text of the initiative adds a new section to the Bill of Rights in Article II of the Colorado Constitution:
“Section 31: Person defined. As used in sections 3, 6, and 25 of Article II of the state constitution, the terms ‘person’ or ‘persons’ shall include any human being from the moment of fertilization.” Q. What will this initiative do? A. Amendment 48 would impact literally thousands of Colorado laws in a way that would jeopardize women’s health and lay the legal foundation for government intrusion in our most important life decisions. The amendment defines the term “person” to grant constitutional rights from the moment of fertilization. Q. How could this amendment jeopardize women's health? A. Amendment 48 has far reaching consequences that jeopardize a woman's health and the care she receives from her physician. By establishing legal rights from the “moment of fertilization,” Amendment 48 affects important life decisions that should be made by a woman and her doctor. It would eliminate a woman's right to make personal private decisions about her own health care.
Giving legal status to fertilized eggs would block stem cell research being used to fight chronic diseases and disabilities. In vitro fertilization could be affected since fertilized eggs used in these processes would have full legal rights.
Colorado would have a constitutional amendment that could be used to deny access to life-saving medical treatment for a disease or condition – like cancer -- if the treatment might harm a fertilized egg.
This amendment also would lay a legal foundation to outlaw all abortions in Colorado, even for rape or incest victims, or when the life of the woman is at risk.
Likewise, Colorado would have a constitutional provision that could be used to ban several of the most effective forms of birth control – like the Pill, IUDs, the Patch and the Ring—because these methods can prevent a fertilized egg from implanting in the uterus. All these forms of birth control could be banned, even for women with health conditions that make pregnancy a life-threatening risk. Q. How does this amendment allow government interference in our personal lives? A. The wording of this amendment is unclear and open to interpretation by the government, lawyers and courts. By specifically giving legal rights to fertilized eggs, this amendment could trigger investigations anytime a woman has a miscarriage. This is a clear and extreme violation of privacy at an already difficult time. Q. Can the governor or Colorado's legislature repeal this if it passes? A. No. Because this is a constitutional amendment, neither the governor nor the legislature can repeal it. Amending the Colorado Constitution is serious business. Amendment 48 would impact literally thousands of laws - from when property rights are granted, to inheritance rights, to access to our courts. Amending the constitution like this creates a legal nightmare. The broad implications of this amendment will clog our courts and allow for lawsuits against anyone associated with a woman's health. Q. Who opposes this initiative? A. Protect Families Protect Choices is a broad-based bi-partisan coalition of nurses, doctors, religious leaders, community groups, and health advocacy organizations. Q. Doesn't this initiative just clarify language in the constitution? A. No. This amendment sounds simple but has far-reaching implications and goes too far. Changing the legal definition of “person” in the constitution impacts thousands of laws and will affect health care, stem cell research, in vitro fertilization, common methods of birth control like emergency contraception, the Pill and the IUD. (These methods can work by preventing a fertilized egg from implanting in the uterus.) Q. What are the sections of the constitution that are affected? A. The three sections of the constitution that would be affected by this new definition of the word "person" read as follows (the word "person" has been italicized for emphasis): Article II, Section 3. Inalienable Rights. All persons 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, and a speedy remedy afforded for every injury to person, 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 shall be deprived of life, liberty or property, without due process of law.
|
