"Personhood" amendment gains ground

Details, from the New York Times:

A constitutional amendment facing voters in Mississippi on Nov. 8, and similar initiatives brewing in half a dozen other states including Florida and Ohio, would declare a fertilized human egg to be a legal person, effectively branding abortion and some forms of birth controlas murder.

With this far-reaching anti-abortion strategy, the proponents of what they call personhood amendments hope to reshape the national debate.

“I view it as transformative,” said Brad Prewitt, a lawyer and executive director of the Yes on 26 campaign, which is named for the Mississippi proposition. “Personhood is bigger than just shutting abortion clinics; it’s an opportunity for people to say that we’re made in the image of God.”

Many doctors and women’s health advocates say the proposals would cause a dangerous intrusion of criminal law into medical care, jeopardizing women’s rights and even their lives.

The amendment in Mississippi would ban virtually all abortions, including those resulting from rape or incest. It would bar some birth control methods, including IUDs and “morning-after pills” that prevent fertilized eggs from implanting in the uterus. It would also outlaw the destruction of embryos created in laboratories.

The amendment has been endorsed by candidates for governor from both major parties, and it appears likely to pass, said W. Martin Wiseman, director of the John C. Stennis Institute of Government at Mississippi State University. Legal challenges would surely follow, but even if the amendment is ultimately declared unconstitutional, it could disrupt vital care, critics say, and force years of costly court battles…

…The drive for personhood amendments has split the anti-abortion forces nationally. Some groups call it an inspired moral leap, while traditional leaders of the fight, including National Right to Life and the Roman Catholic bishops, have refused to promote it, charging that the tactic is reckless and could backfire, leading to a Supreme Court defeat that would undermine progress in carving away at Roe v. Wade.

The approach, granting legal rights to embryos, is fundamentally different from the abortion restrictions that have been adopted in dozens of states. These try to narrow or hamper access to abortions by, for example, sharply restricting the procedures at as early as 20 weeks, requiring women to view ultrasounds of the fetus, curbing insurance coverage and imposing expensive regulations on clinics.

The Mississippi amendment aims to sidestep existing legal battles, simply stating that “the term ‘person’ or ‘persons’ shall include every human being from the moment of fertilization, cloning or the functional equivalent thereof.”

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