Jim Spencer
SpencerSpeaks.com

July 20, 2007

If a fertilized egg is a person, isn’t every woman whose uterine wall fails to implant one guilty of involuntary manslaughter?

If a fertilized egg is a person, wouldn’t every fertility clinic that discarded a frozen embryo be guilty of murder?

If a fertilized egg is a person, shouldn’t every pregnant woman be entitled to an extra tax deduction?

The scientific and legal ramifications of a constitutional amendment that abortion opponents want to put on Colorado’s November 2008 ballot are absurd and catastrophic. The amendment would change accepted medical definitions of when life begins. It could make some forms of contraception tantamount to homicide.

Backers of the amendment must still get 76,000 signatures of registered voters to place the measure on the ballot. Even if they succeed, passage is a long shot. The egg-as-person amendment may be aimed at getting the far right wing base of the Republican party to the polls in a presidential election. But the fact that anyone would propose such a bizarre idea shows how empowered extremists feel by a Supreme Court stacked by George W. Bush with justices who have shown a propensity to take away women’s rights.

The snares of the egg-as-person definition would not only strip women of just about all their personal reproductive rights, it could conceivably put them and their doctors in prison.

Dr. Michael Hall is an obstetrician and gynecologist who opposes abortion. He believes life begins at conception.

“I would be for that proposition,” Hall said of the constitutional ballot measure.

But even Hall acknowledges that the majority of his medical colleagues won’t support giving fertilized eggs the status of people.

The reason why is clear when you look at the impact on fertility clinics.

“If you throw away embryos,” Hall noted, “you could be charged with murder.

Fertility clinics routinely discard frozen embryos that clients didn’t need and have grown too old to be used. Those embryos are now the subject of a battle between Congress and the president over embryonic stem cell research. Denver Congresswoman Diana DeGette has crafted legislation – passed by the House and Senate and vetoed by the president – that would allow surplus embryos scheduled for destruction to be used to create stems cells that might help cure such things as diabetes and spinal cord injuries.

Under the egg-as-person amendment, using discarded embryos to help cure diseases would be a crime, too.

“The traditional abortion to save the life of the mother would become illegal,” added University of Colorado law professor Richard Collins, “because the mother would have no more legal standing than the fetus.”

A woman’s behavior during her pregnancy could also be subject to criminal charges or civil claims, Collins pointed out. An expert in constitutional law, Collins thinks the Colorado egg-as-person amendment reaches farther into society than an outright ban on all abortions that was passed by the South Dakota legislature then overturned by voters.

Women could face potential criminal charges if they drink, smoke or use drugs – even legal drugs – while pregnant. Certain types of birth control would also become illegal, Collins said.

Remember emergency contraception? Abortion opponents claimed rape victims taken to Catholic hospitals shouldn’t be told about EC because it sometimes causes a fertilized egg not to attach to the uterine wall. Though most doctors believe pregnancy begins when a fertilized egg implants in the uterine wall, abortion opponents claim anything that stops the process is murder.

Constitutionally proclaiming fertilized eggs as people pushes the debate well beyond forcing rape victims to have their assailants’ babies.

Not all fertilized eggs attach naturally to the uterine wall. If all those eggs are equivalent to people, how do you handle their demise?

Cathryn Hazouri, executive director of the American Civil Liberties Union of Colorado, views the proposed egg-as-person amendment as she would bad science fiction.

“Every egg would need a guardian ad litem (a legal representative to look out for its interests),” Hazouri told me. “What are you going to do, put a monitor inside the uterus?”

Hazouri wasn’t being glib. She was being realistic about a push to impose standards of behavior on women.

When fertilized eggs are people, Hazouri said, “women’s reproductive rights all disappear. Women are forced to have children they’re not prepared for or don’t want. And sexual intercourse becomes only for procreation.”

If that sounds like the far-fetched plot of a sci-fi novel like “The Handmaid’s Tale,” check out the Colorado ballot in 2008. You might find life trying to imitate art.

Copyright 2007 by Jim Spencer. All rights reserved. This material may not be published, broadcast, rewritten or redistributed without permission.