Amendment 67 – Change Criminal Code’s Definition of Person and Child

After Personhood Colorado’s Amendment 48 in 2008 and Amendment 62 in 2010 were soundly defeated, the organization is trying different ballot wording though the goal remains the same: outlaw abortion and certain forms of birth control by requiring that “person” and “child” in the criminal code and in state wrongful death statutes include “unborn human beings.”

This year the campaign is being called A Voice for Brady, after the named unborn child of Heather Surovik. (The Brady Campaign to Prevent Gun Violence is a national organization and NOT related to the pro-67 campaign.) Surovik was 8 months pregnant in 2012 when her unborn child was killed by a drunk driver.

In an interview with former presidential candidate Mike Huckabee available on the pro-67 website, Surovik said that 38 states have a fetal homicide law similar to Amendment 67. What Surovik failed to mention is that Colorado is one of those 38 states according to the bipartisan National Conference of State Legislatures http://www.ncsl.org/research/health/fetal-homicide-state-laws.aspx
Both House Bill 13-1154, which changed the Colorado Revised Statutes, Title 18, Article 3.5 Offenses Against Pregnant Women, and House Bill 14-1388 – Civil Remedy for Unlawful Termination of Pregnancy Act – were signed into law since Surovik’s car crash.

This amendment would add a Section 17 to Article XVIII to the Colorado Constitution with the majority of the relevant content referencing a 2009 court ruling which notes “no definition of ‘person’ or ‘child’” in the criminal code and the comment that “This is an area that cries out for new legislation.” In addition to the legal changes that would occur with the passage of Amendment 67, one could ask whether this court history and editorializing are appropriate in our constitution.

Recommendation: NO

This amendment to our already over-bloated constitution doesn’t specifically mention abortion and birth control, but they are the elephants in the room. This amendment’s actual purpose is to prohibit abortions and restrict birth control options. The language could even allow miscarriages to be subject to criminal investigations. Medical personnel as well as pregnant women could be criminally charged.


Websites for the Yes side (Personhood Colorado)
http://avoiceforbrady.com/
http://www.personhoodusa.com/campaigns/colorado-brady-amendment-67/

Website for the No side (No on Personhood)
http://voteno67.com/


Approved Ballot Language

Amendment 67 (CONSTITUTIONAL)
Shall there be an amendment to the Colorado constitution protecting pregnant women and unborn children by defining "person" and "child" in the Colorado criminal code and the Colorado wrongful death act to include unborn human beings?
- YES/FOR
- NO/AGAINST


See the text of the measure, as filed with the Secretary of State, to add Section 17 to Article XVIII of the Colorado Constitution:
http://www.sos.state.co.us/pubs/elections/Initiatives/titleBoard/filings/2013-2014/5Final.pdf

Amendment 62 – Definition of Person

This ballot measure is almost identical to Amendment 48, soundly rejected 73% to 27% by voters in 2008. The 2008 reference to “from the moment of fertilization” has been changed to “from the beginning of the biological development of that human being.”

This amendment would ban abortion even in the case of rape or incest. It would ban stem cell research and several common methods of birth control. It would also require fertility clinics to find a good home for all in vitro fertilized eggs.

The proponents of Amendment 62 filed suit to stop distribution of the Blue Book claiming that it contained lies in the “Arguments Against” section. You can visit their website (see below) to read their press release and get more details. Their lawsuit was dismissed.

Recommendation: NO

The proponents of Amendment 62 want women to know that forms of birth control like the IUD and the pill kill a living being. This argument goes back to the question, “When does life begin?” They also want to protect women from steroid-type drugs (including Depo-Provera and Norplant) that we deny male athletes. I agree that women and their male partners need to carefully consider the health implications of the birth control they use, but I prefer that women have more options rather than fewer.

We have moved into the 21st century. This year the Nobel Prize in Medicine is being awarded to a scientist who first developed in vitro fertilization over 30 years ago. In 2007 the Nobel Prize was awarded to scientists for their work on embryonic stem cells citing the “benefits to mankind.”


Website for the Yes side (Personhood Colorado)
http://www.personhoodcolorado.com/

Website for the No side (Protect Families Protect Choices)
http://www.protectfamiliesprotectchoices.org/


Approved Ballot Language

Amendment 62 (CONSTITUTIONAL)

Shall there be an amendment to the Colorado constitution applying the term "person", as used in those provisions of the Colorado constitution relating to inalienable rights, equality of justice, and due process of law, to every human being from the beginning of the biological development of that human being?

Yes _____ No _____


Full text of Amendment 62
CO Constitution, Article II, Section 32 (new)
Person defined
http://www.sos.state.co.us/pubs/elections/Initiatives/filings/09-10/Final25-0910.pdf

Amendment 48 -- Definition of Person

This ballot measure would define a “person” from the moment of egg fertilization. Nobody is hiding the fact that this is an anti-abortion measure, but it could have an impact on other reproductive issues.

Unwarranted CONSTITUTIONAL change -- ADDS Section 31 to Article II

Recommendation: NO
This is a roundabout and extreme way to try to outlaw abortion. It would require all the references to "person" in the constitution or the state statutes to be viewed in light of this amendment. Colorado's three Catholic bishops in the state must be aware of this as they are remaining neutral because of “serious questions” about the amendment’s “timing and content.” The ramifications of this proposal spill over to some forms of birth control, the care of a pregnant woman, miscarriages, in-vitro fertilization and stem cell research. Would death certificates have to be issued every time a woman has a miscarriage in her 5th week of pregnancy? Or perhaps the woman should be hauled off to jail on murder charges. You can see how ridiculous and scary passage of this amendment could be. This should NOT be in our state constitution.


Website for Yes side (Colorado for Equal Rights)
http://www.coloradoforequalrights.com/

Website for No side (Protect Families Protect Choices)
http://www.protectfamiliesprotectchoice.org/


Amendment 48 (Approved ballot title below)

Definition of Person

Shall there be an amendment to the Colorado constitution defining the term "person" to include any being from the moment of fertilization as "person" is used in those provisions of the Colorado constitution inalienable rights, equality of justice, and due process of law?

Yes ________________ No ________________


To see the full text of the proposed measure, click here, then click on “2008 State Ballot Information Booklet” at the top of the page.