January 10, 2010: Nevada Court Throws Out ‘Personhood’ Ballot Measure That Would Effectively End Abortion, Contraception, Stem-Cell Research

Nevada District Court Judge James Russell throws out a proposed “personhood” state ballot measure that attempted to extend constitutional rights of citizenship—“personhood”—to fertilized eggs. The measure would effectively ban all abortions in Nevada. Russell rules that the language of the proposed statute is “too general in nature,” and is far too sweeping in its implications for reproductive health care and rights. The proposal reads in full, “In the great state of Nevada, the term ‘person’ applies to every human being.” Critics have charged that the proposal’s broad language is intended to ban abortion, contraception, in-vitro fertilization, and embryonic stem cell research. Michael Brooks, an attorney for Personhood Nevada, counters that the language and intent is perfectly clear, and says: “This is far beyond the isolated issue of abortion. Just because it’s broad doesn’t mean it’s vague. We’re not trying to hide the ball.” The intent, Brooks says, is to protect the “dignity” of human life from techniques such as those practiced on concentration camp prisoners by the Nazis, and that any rulings as to how the amendment effected other areas of law would be up to future courts to decide. The proposal was challenged by the Nevada branch of the American Civil Liberties Union and the Nevada Advocates of Planned Parenthood Affiliates. Similar proposals have been thwarted in Montana and Colorado. [RH Reality Check, 1/11/2010]