Tuesday, November 13, 2007

DECISION OPENS PANDORA'S BOX ON EGGS' RIGHTS

Colorado Supreme Court upholds decision to let voters decide
whether fertilized eggs should have rights

Denver, CO (Nov. 13, 2007) – Kathryn Wittneben, executive director of
NARAL Pro-Choice Colorado, expressed extreme disappointment with
today's decision by the Colorado Supreme Court to allow a proposed
2008 ballot initiative to proceed that would extend certain rights to
fertilized eggs. "Proponents of this initiative have publicly stated
that the goal is to make all abortion illegal -- but nothing in the
language of the initiative or its title even mentions abortion. If
that's not misleading, I don't know what is," Wittneben said.

In a 7-0 decision, the Court upheld an earlier finding by the Colorado
Initiative Title Setting Review Board that the proposed initiative
meets Colorado's single-subject requirement and that the title of the
initiative is not misleading. The initiative, which would appear
before voters during the 2008 general election if proponents gather
enough signatures, would amend Colorado's constitution to redefine the
legal term "person" to include any human being from the moment of
fertilization in those provisions of the constitution relating to
inalienable rights, equality of justice, and due process of law.
"The impact of this initiative will extend far beyond the legality of
abortion. If fertilized eggs have the legal right to access Colorado's
courts – which is one of the rights that would be granted by this
initiative – what does this really mean for Coloradans?" Wittneben
asked. "Does this mean fertilized eggs can petition the courts to make
it illegal to use the most effective forms of birth control if those
contraceptive methods create an inhospitable uterine environment for
fertilized eggs? Does this mean that a fertilized egg can sue a
pregnant woman if she miscarries? If we're talking about granting
rights to fertilized eggs, all of these questions about possible
negative impacts and legal consequences have to be raised."
Substituting the language proposed in the initiative, the rights
defined in Colorado's constitution would be changed as follows:
• Article II, Section 3. Inalienable Rights. All persons, including
any human beings from the moment of fertilization, have certain
natural, essential and inalienable rights, among which may be reckoned
the right of enjoying and defending their lives and liberties; of
acquiring, possessing and protecting property; and of seeking and
obtaining their safety and happiness.
• Article II, Section 6. Equality of Justice. Courts of justice shall
be open to every person, including any human being from the moment of
fertilization, and a speedy remedy afforded for every injury to
person, including any human being from the moment of fertilization,
property or character; and right and justice should be administered
without sale, denial or delay.
• Article II, Section 25. Due Process of Law. No person, including
any human being from the moment of fertilization, shall be deprived of
life, liberty or property, without due process of law.

Proponents of the initiative have until February 2008 to gather the
more than 76,000 valid signatures required to qualify the measure for
the November 2008 ballot.