Colorado One Step Closer to Outlawing Abortion

Constitutionally Right ^ | 7/20/2007 | Charles Signorile

[CharlesS]

Colorado may be the first State to stand up and say in one collective voice, all human life is equal. A proposed amendment to the State's Constitution recently was given tentative approval by a State board, putting it on a path to be voted on in 2008. The Amendment does not refer to abortion directly, however it attempts to take advantage of a loophole left in the Roe v. Wade decision which effectively legalized abortion nationwide. The Amendment reads:

Be it Enacted by the People of the State of Colorado: SECTION 1. Article II of the constitution of the state of Colorado is amended BY THE ADDITION OF A NEW SECTION to read: 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.

By defining "personhood" as including and human being from the moment of fertilization, the State will be giving unborn children constitutional rights which the court did not recognize in 1973. In fact Justice Harry Blackmun, who was the author of the 1973 opinion stated: "[If the] suggestion of personhood [for the unborn] is established, the [abortion rights] case, of course, collapses, for the fetus' right to life is then guaranteed specifically by the [14th] Amendment."

Based on this statement, Colorado residents hope to now outlaw abortion in their State by establishing personhood. If the amendment were to receive voter approval in 2008, it will certainly be met by lawsuits from Planned Parenthood or other such organizations, and in all likelihood will eventually be decided on by the Supreme Court.

[Cletus.D.Yokel]

Pipe dream. The 10th Amendment was made useless by Lincoln meaning this attempt at autonomy will be found unConstitutional by the courts.

[3AngelaD]

Not gonna happen. Would have to pass over the dead bodies of Ritter, the legislature, Mark Udall, Diane DeGette, Boulder County and most of Denver.

[dmz]

so would a pregnant woman who has an car accident that is her fault be able to be prosecuted for vehicular manslaughter if she miscarries?

[goldstategop]

As a Coloradan, I'm excited at the prospect of the establishing in the principle that human life is inviolable in the Colorado Constitution. I would fully expect the Left, the vanguard of the Culture Of Death, to try overturn it like they did with the No Special Rights For Homosexuals Amendment voters adopted here in 1992, only to see the U.S Supreme Court nullify it on the grounds Colorado voters were a bunch of homophobe bigots. Now they'll say we're just a bunch of women-hating misogynists.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

[goldstategop]

I think it would pass. I think its more than likely the courts would strike it down, so what's the point? If you're for anything the Left is against, you are not allowed to pursue it.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

[TheBattman]

so would a pregnant woman who has an car accident that is her fault be able to be prosecuted for vehicular manslaughter if she miscarries?

Very interesting... Would that necessarily be wrong? IF the same happened with her 2 day-old baby, should could face charges...so what is so different?

[CharlesS]

Vehicular manslaughter only applies in cases with there is reckless activity such as DWI or excessive speeding, or if there is intent to do harm, like aiming your car at someone and flooring it. This amendment for the most part would only affect a pregnant woman in a car accident if she was found to be drinking or on drugs. Regardless if she was driving or not, a pregnant woman should not be drinking or on drugs anyway!

[jan in Colorado]

This once red state went from purple to blue during the last election...it is run by and occupied by way too many liberals to ever have a chance for this to pass! They WILL pass every tax increase that’s on the ballet though!