Ballot Watch 2008: Anti-Women's Health Amendment
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 | | Moment of fertilization |
Anti-abortion, anti-birth control activists are actively gathering signatures to qualify a constitutional amendment for the 2008 ballot that would extend constitutional protections from the moment of fertilization. Proponents of the initiative have been clear that their intent is to establish a mechanism to ban all abortion. Changing Colorado’s constitution in such an extreme way could have far-reaching consequences beyond banning abortion, including making it illegal to use of the most effective forms of birth control, restricting in-vitro fertilization, and curbing embryonic stem cell research. ( Read More: Fact Sheet on Anti-Women's Health Amendment) WHAT VOTERS WILL BE ASKED Shall there be an amendment to the Colorado constitution defining the term “person” to include any human being from the moment of fertilization as “person” is used in those provisions of the Colorado constitution relating to inalienable rights, equality of justice, and due process of law?
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.
Substituting the language as proposed in this ballot initiative, Colorado’s constitution would read 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.
IMPACT ON REPRODUCTIVE HEALTH CARE: UNANSWERED QUESTIONS Proponents of the initiative have been clear that their intent is to establish a constitutional basis to make all abortion illegal. However, this initiative could impact much more than a woman’s right to privacy when choosing abortion -- but proponents of the initiative have refused to answer questions about the far-reaching consequences of their efforts to change Colorado's constituion. Here are just some of the real-world situations proponents won't answer questions about: Increasing unintended and unwanted pregnancies in Colorado 
| Human zygote prior to
implantation in uterine wall |
The most effective forms of birth control like the pill, injectibles like Implanon and Depo-Provera, NuvaRing, the patch, and IUDs work primarily by inhibiting release of an egg into the womb. They also alter the lining of a woman’s uterine wall in a way that makes the uterus inhospitable to fertilized eggs, thereby inhibiting implantation of a fertilized egg if fertilization does occur -- preventing a pregnancy from occurring.
Unanswered questions: How does extending constitutional protections from the moment of fertilization affect a woman’s legal right to use birth control methods that can inhibit implantation? How does it affect pharmacies’ ability to sell birth control? Severely restricting assisted reproductive technology – One of the most common forms of assisted reproductive technology is in-vitro fertilization, where several fertilized eggs are created in a lab environment. Once created, some of these fertilized eggs are injected into a woman’s body with the hope that implantation will occur and the woman’s body will begin producing the hormones necessary to sustain a pregnancy. Because of the cost of this procedure, more fertilized eggs are usually produced than are used.
Unanswered questions: What will be the ramifications for couples who are using in-vitro fertilization to grow their family? Could patients’ medical records be investigated to assess compliance with the anti-women's health amendment?
Ignoring the reality of miscarriages and non-implantation -- This initiative and its proponents are silent on the reality of miscarriages (both when a woman is aware of being pregnant and when she is not) and nonimplantation – even when a woman is not using a contraceptive method that can inhibit implantation. The American College of Obstetricians and Gynecologists estimates that between one-third and one-half of all fertilized eggs never fully implant.
Unanswered question: Would this initiative open the door for criminal investigations into miscarriages or situations where a woman's body rejected implantation of a fertilized egg?
Subjecting women facing ectopic pregnancies to government interference – Ectopic pregnancies occur when a fertilized egg implants outside of the uterus, such as in the fallopian tube or cervix. Because the location of implantation is not large enough to allow full gestation of the developing fetus, an ectopic pregnancy could result in the rupture of the fallopian tube, cervix, or other organ where implantation occurred if the pregnancy is not removed.
Unanswered question: Would this initiative mean Colorado women who face an ectopic pregnancy would need government approval before the life-threatening pregnancy is removed?
Under the language of this initiative, Colorado’s constitution would be changed to extend certain rights from the moment of fertilization in all instances. The proposed initiative leaves no room for exceptions to consider the situations above; nor does it include explanatory language that would direct lawmakers, when crafting implementing legislation in good faith, to carve out reproductive-health exceptions or to create "situations of lesser entitlement" for the above circumstances. Proponents of the initiative said it would "be up to politicians and the courts" to decide how to interpret such a sweeping change to the state's constitution. You can make a difference! Proponents have until May 2008 to gather more than 76,000 valid signatures to qualify this constitutional amendment for the November 2008 ballot. You can do four simple things to counter their efforts:Donate to support our efforts to launch a massive, statewide voter-education campaign about this deceptive & dangerous initiative. Educate your friends, family & colleagues: Download the tools below to talk to your friends and acquaintances. Start the conversation with a simple question: "Did you know people are trying to change Colorado's constitution in a way that could make most forms of birth control illegal?" From there, just share the information contained on this page -- or hand out the materials below.
Volunteer for the campaign to defeat this ballot initiative! NARAL Pro-Choice Colorado will plug you into the official campaign to protect reproductive rights and reproductive health care in Colorado in 2008. Learn more: Join our e-mail listserve to get the latest updates about this ballot initiative -- as well as other attempts to restrict reproductive health care and reproductive rights.
ACTIVIST TOOLS FOR DOWNLOAD Just the Facts: Download this at-a-glance factsheet to get the key points on the Anti-Women's Health Amendment. Answering Tough Questions: This short list of talking points will help you answer some of the questions you might get about this initiative. Write About It!: Get tips to write a letter to your local paper. Use the same tips to blog. Either way, you can raise awareness about the misleading nature of this dangerous constitutional amendment.
Click here to download Mikhaela Reid's "Egg Rescue Squad" cartoon as a .pdf document that you can share with friends. Print to cardstock-weight paper, then send it to neighbors with a note about the initiative.
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