Legally defining life
77 Comments by November 24 12:30 PMThe abortion debate promises to heat up as pro-life groups introduce new ballot initiatives to define “personhood” as starting from the moment of conception.
Members of Colorado for Equal Rights are trying to amend the state constitution. “This is not criminal legislation. It’s not going to make anything illegal,” Kristi Burton, the co-sponsor of the initiative, told WoW. “It’s just going to define person—put the definition of person in our constitution.”
The Colorado Supreme Court recently voted to approve the language of Burton’s petition. The court’s ruling does not endorse the petition but merely says that it is technically correct—a decision that allows Burton’s group to collect the 76,000 signatures necessary to get the initiative on the ballot.
Groups in Oregon, Montana and Georgia are introducing similar initiatives and legislation that explicitly intends to end abortion by establishing the legal personhood of an unborn child.
This move is critical to challenging the fundamental holding of Roe v. Wade that the14th Amendment does not extend to the unborn. In the Roe. V. Wade opinion, the Supreme Court itself acknowledged that abortion rights would “collapse” if the personhood of a fetus could be established because “the fetus’ right to life would then be guaranteed specifically by the Amendment.”
Robert Muise, an attorney with the Thomas More Law Center, is handling a lawsuit against the Oregon Secretary of State and Attorney General for denying the request of an individual who wanted to circulate the initiative.
Muise told WoW if any of the groups are successful, it will prompt a court battle: “The first time someone tries to say the homicide laws apply to abortion, someone will run to the federal level. In my view, bring it on…You’ll never have a meaningful restriction on abortion so long as Roe v. Wade remains the law of the land.”
There is the question, however, of whether pro-lifers will win that court battle. The Texas Court of Criminal Appeals just made a distinction between fetus-murder and abortion, ruling that a similar Texas law does not conflict with Roe v. Wade.







