Personhood measure divides conservative ranks

By msnbc.com's Tom Curry

On Tuesday Mississippi voters will decide whether to approve a measure, Initiative 26, that would amend the state constitution to define the word “person” to include every human being “from the moment of fertilization, cloning, or the functional equivalent thereof.”

On the surface, it would seem to be a favorable advance for the cause of abortion opponents but the nature of the measure has sparked concern among some anti-abortion advocates that the passage of the measure could eventually threaten already-existing abortion restrictions.

Mississippi Gov. Haley Barbour, a Republican, told NBC’s Chuck Todd last week that he believes that life begins at conception but “unfortunately, this personhood amendment doesn’t say that. It says that life begins at fertilization or cloning or the functional equivalent thereof.” He said, “That ambiguity is striking a lot of pro-life people here as concerning.”

Nonetheless Barbour later overcame his misgivings and said he voted for the measure when he cast his absentee ballot in advance of Tuesday. He also complained Friday that a group opposing the ballot measure, “has called people's homes and deceived voters into thinking I'm opposed to Initiative 26, the Personhood Amendment. As I've previously stated, I voted for the Personhood Amendment.”

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Despite his vote, Barbour was articulate in explaining why some anti-abortion advocates think the Mississippi measure is either misguided or may lead to unintended consequences. 

He said, “Strategically, there’s some national organizations that think this may mess up trying to get more pro-life policies adopted nationally.”

He also said, “I am concerned about some of the ramifications on in-vitro fertilization (and) ectopic pregnancies, pregnancies outside the uterus in the Fallopian tubes. That concerns me, I have to just say it.”

Jennifer Mason, a spokeswoman for PersonhoodUSA, a Colorado group which is supporting the Mississippi measure, said its proponents “were able to answer his concerns and that’s why he voted for it.”  Mason cited a study by a conservative group, the Mississippi Center for Public Policy, which determined that Initiative 26 would not outlaw in vitro fertilization.

A statewide vote has a lot of women in fear over the future of certain forms of birth control. NBC's Than Truong reports.

But, in an opinion piece in the Mississippi Business Journal, Jonathan Will, director of the Mississippi College School of Law’s Bioethics and Health Law Center, who opposes the measure, said “If two out of three pre-embryos are lost in the (in vitro fertilization) process, this would seem to be an unacceptable loss of life. If we are committed to pre-embryonic personhood, we should be committed to banning IVF and other similarly risky fertility treatments until such technologies are safe for all persons (including pre-embryos) involved.”

Prominent conservative lawyer James Bopp, who has argued several abortion and free speech cases before the Supreme Court and is the general counsel for the National Right to Life Committee, said that lower federal courts would be likely to strike down the Mississippi measure, if it were enacted, and that the Supreme Court would likely not review the lower court’s ruling.

But if the high court did agree to hear the case, Bopp said, there is a “very substantial danger” that a majority of the justices would adopt a stronger basis for finding that there is a fundamental right to abortion than the due process rationale Justice Harry Blackmun used in the landmark 1973 Roe v. Wade decision.

If that were to happen, Bopp said, the current state and federal restrictions on abortion, such as the Hyde amendment banning federal funding of abortions in the Medicaid program, and laws requiring parental notification before a minor get an abortion, would be swept away.

Bopp sketched out his concerns in a widely circulated memo, pointing to the argument that Justice Ruth Bader Ginsburg made in her dissent in Carhart v Gonzales, the 2007 decision in which the justices upheld the federal law banning the procedure known as partial birth abortion.

A constitutional right to abortion, Ginsburg said, ought to “center on a woman’s autonomy to determine her life’s course, and thus to enjoy equal citizenship stature.”

Mason said Personhood USA’s lawyers think Bopp is wrong. “What we’re expecting to happen with the personhood amendment is that abortion will be made illegal in Mississippi. And that is what the pro-life movement has been working for since the passage of Roe v. Wade -- to ensure that all children in the womb have their personhood rights recognized…. This is a definite way to see some actual results.”

A ballot measure similar to that in Mississippi was rejected by Colorado voters in 2010. Proponents of personhood efforts plan to try to get the measure on the ballot in Florida, Ohio, Oregon and Indiana in future elections.

Updating with a comment from Alexa Kolbi-Molinas, staff attorney with the ACLU Reproductive Freedom Project:

She said the group is hopeful that "voters will reject this attempt to allow government to interfere in the most personal health care decisions of Mississippi’s women and families.  However, should the amendment pass, all options are on the table -- including litigation. We will not stand by while thousands of women and families are placed at risk.”

 

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Yeah lets look to the most backward state in our country to define our issues. Or maybe not. I heard a proponent from MS say that there should be no reason for abortion with one million families waiting to adopt. I seriously doubt there are a million waiting to adopt minority babies. No Choice advocates will slant anything to make their point.

    Reply#183 - Tue Nov 8, 2011 1:17 PM EST

    EXACTLY. I had a Pro-Life person preach a glorious story of a woman who raised her beautiful, unwanted child to be successful.

    So let me tell you a story of the other side of the spectrum:

    If the foster care/ adoption system is so perfect- then explain a former friend and roommate. She never had a stable family and went from foster home to foster home. She told me how some of those families just wanted her for the money. She told me how one of her guardians- an old woman, died and she got to find the body. She told me how she knew other foster care kids in similar circumstances, and one committed suicide, others tried and they were all miserable and lost because they never knew a stable home.

    She did drugs, was on welfare, flunked out of school, was had sex with many random people. Oh and get this:

    She was Hispanic. And originally from Texas.

    Tsk Tsk. Another one bites the dust. Perhaps if the churches were fighting for her AFTER she was born, something would have changed.

    These pro-lifers keep clinging to the notion that all of these unwanted kids will be adopted. They won't- they'll end up in foster care and you'll be lucky if they get adopted. On top of that- mothers who keep unwanted children will struggle and could always have their kids seized by the government at a later date once they are older and less likely to be adopted.

    My Aunt adopted 2 kids from China- you know why? It's cheaper to adopt abroad, it's easier to adopt abroad, and you never worry that a biological mother will try to come back and break a adoption agreement and take the kids away. Courts HAVE awarded custody back to biological mothers even though it hurts the kids. Plus you can get babies under 6 months old who will be easier to bond with than older ones.

    And have they taken into consideration that the bad economy would be affecting a family's willingness to adopt? I doubt it.

    • 3 votes
    #183.1 - Tue Nov 8, 2011 3:18 PM EST
    Reply

    First it is a choice. THEN, it is a child. Choosing a legal definition of viability (such as "no abortion after the second trimester" or some other defined period) is a reasonable compromise for both the hysterically vocal minority (MANY of whom have participated in past abortions themselves), and the majority of people who quietly choose to keep this a private womens' issue.

    • 1 vote
    Reply#184 - Tue Nov 8, 2011 4:10 PM EST

    The legal term is natural BORN citizen.

    Just sayin.

    I can see it now; where is Obama's conception certificate?

    • 1 vote
    Reply#185 - Tue Nov 8, 2011 7:27 PM EST

    *LE GASP* The Obamabirthers now have a new reason to come back and haunt the MSNBC Forums!

      #185.1 - Tue Nov 8, 2011 8:19 PM EST
      Reply

      We should ban Menstrual Cycle. Think about it at the end of the process eggs are disposed of killing a potential human life. What a joke.

      • 1 vote
      Reply#186 - Wed Nov 9, 2011 1:56 PM EST

      Every Sperm Is Sacred, because God decrees every human fertilization, even the ones committed in violence. We humans are Holy...unlike animals, which can be carved up, manipulated, or wiped out at will, because God put them here to be mankind's playthings.

      The hardcore Catholics are the only ones who have a consistent, defensible position on the question of the sanctity of sex and sex cells. If terminating a pregnancy is a mortal sin, how on earth can contraception or masturbation be OK???

      Don't try to understand it. The Mysteries Of God cannot be questioned. Don't even think about trying to understand it, because that might be sinful too.

        #186.1 - Thu Nov 10, 2011 3:55 PM EST

        I refuse to worship a God that decrees rape. Christians have a nam for that God, it is Satan.

          #186.2 - Sat Nov 12, 2011 1:19 PM EST
          Reply
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