Vote “No” on Amendment 48

by | Oct 25, 2008

Colorado voters face a stark moral choice in this election: vote yea or nay on Amendment 48. That ballot measure would grant fertilized eggs the legal standing of persons–including “inalienable rights, equality of justice, and due process of law”–in the state constitution. If fully implemented, almost all abortions would be outlawed in Colorado, including in […]

Colorado voters face a stark moral choice in this election: vote yea or nay on Amendment 48. That ballot measure would grant fertilized eggs the legal standing of persons–including “inalienable rights, equality of justice, and due process of law”–in the state constitution.

If fully implemented, almost all abortions would be outlawed in Colorado, including in cases of rape, incest, and fetal deformity. Any woman who terminated a pregnancy would be guilty of murder, subject to life in prison or the death penalty. To take the birth control pill, which might sometimes prevent the implantation of an embryo in the womb, would be a criminal act.

Miscarriages might be investigated by zealous prosecutors.

Roe v. Wade would not necessarily protect women against these ominous legal controls. Rather, Amendment 48 might be used to challenge that landmark case–or to inspire a nationwide movement for a similar federal constitutional amendment.

Despite its draconian effects, this proposed amendment has gathered solid support from Colorado voters. A recent poll shows that 39% favor it, 50% oppose it, and 11% are undecided.

Why such strong support? Over the past two decades, the religious right has effectively waged a holy war on abortion. Abortion is the murder of an innocent human life, they say. It violates the God-given right to life of a “preborn child.” It is part of a “culture of death.” So most Americans regard abortion as morally wrong except when a pregnancy threatens the woman’s mental or physical health.

Yet the religious right’s attacks on abortion are completely and utterly wrong. They evade the true meaning of the biological facts of pregnancy.

Opponents of abortion claim that embryos and fetuses have the same right to life as babies because they are distinct, living human beings. Undoubtedly, an embryo or fetus is alive, not inert matter. It’s also human–not canine or hippopotamus. Yet every distinct, living skin cell a person washes off in the shower also contains human DNA. A tumor is human tissue distinct from its host. The embryo or fetus is different: it might develop into a born baby. Yet the differences between an embryo or fetus and that born baby are vast.

In the early stages of pregnancy, the embryo has nothing in common with an infant except its DNA. Its form is similar to the embryos of other mammals; it cannot survive outside the womb; it lacks any kind of awareness. To call that clump of cells a “person” is sheer nonsense.

Even when more developed, the fetus is not a biologically separate entity capable of independent action, like a baby. It exists as part of the woman carrying it, wholly contained within and dependent on her. It goes where she goes, eats what she eats, and breathes what she breathes. It lives as she lives, as an extension of her body. It is not yet an individual human life; it is not yet a person.

That situation changes radically at birth. A baby lives a life of its own.

Although still very needy, he maintains his own biological functions. He breathes his own air, digests his own food, and moves on his own. He interacts with other people as a creature in his own right, not merely as a part of a pregnant woman. His life must be protected as a matter of right.

So a woman has every right to terminate an unwanted pregnancy–for any reason. If an abortion will protect and further her own life and happiness, then she ought to pursue that option with a clear conscience.

Amendment 48 would obliterate the moral right of every pregnant woman to control her own body. It is based on sectarian religious dogma, not objective facts. Please vote “No” on 48.

Diana Hsieh is the co-author of "Amendment 48 Is Anti-Life: Why It Matters That a Fertilized Egg Is Not a Person," an issue paper available at www.seculargovernment.us.

The views expressed above represent those of the author and do not necessarily represent the views of the editors and publishers of Capitalism Magazine. Capitalism Magazine sometimes publishes articles we disagree with because we think the article provides information, or a contrasting point of view, that may be of value to our readers.

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