Montana News

'Personhood' fight still alive in MT despite Miss. defeat

Posted: Nov 9, 2011 10:02 PM by Brittany Wooley- KTVQ News
Updated: Nov 9, 2011 10:02 PM

BILLINGS- Mississippi voters have rejected a measure that would have amended their state constitution to define a person to include all human beings at every stage of development, including fertilization or conception. However, some abortion opponents in other states, including Montana, are pushing to get the "personhood" initiative on their ballots next year.

The initiative is known as CI-108 in Montana, and more than 48,000 Montana voters would need to sign the petition for it to make it onto the November 2012 ballot.

This is the third attempt in Montana to get the measure before voters.
Montana Pro Life Coalition volunteer, Cal Pastrow, says the petition had enough signatures last year, but the state determined that too many were invalid.

"We are going to turn in all the signatures a lot earlier, and we're going to do quality control ourselves before we turn them in to make sure we have enough qualified signatures from all the districts necessary. Plus, more and more people are getting on board with 'Personhood USA'. Here in Montana our email list and mailing list have both increased," Pastrow said.

CI-108 opponents say the initiative extends far beyond abortion. They argue that defining a fertilized egg as a person could make in-vitro fertilization and some forms of contraception illegal.

"It would also put this government intrusion between the patient and their provider. If you have a patient that for example had cancer, and they had a very wanted pregnancy and they had to make a very touch decision, they would have to not be able to get cancer treatment that ultimately may save their life," CEO of Planned Parenthood of Montana, Stacey James, said.

According to James, the initiative does not allow for any exceptions for victims of rape and incest.

But, Pastrow alleges the measure would have no effect on contraception or in-vitro fertilization because he says they occur before conception.
However, he states the initiative would give a fetus rights under the Montana Constitution.

"Medical ethics and medical law is that a doctor tries to save both his patients. If one of them dies while trying to save both, that is a tragedy. But, a quality physician never deliberately murders or kills one of his patients," Pastrow said.

If the measure makes it onto the ballot and passes, it would likely go before the Montana Supreme Court and then possibly beyond, ultimately challenging the 1973 Roe v. Wade U.S. Supreme Court ruling that established a legal right to abortion.

Other states currently considering a "personhood" ballot measure include Florida, Ohio, Oregon, Nevada, and California.

Montana lawmakers debated and killed similar legislation this last legislative session.