North Dakota Bans Abortion
House of Rep. Passes Bill to Give Legal Rights to Fertilized Eggs
Feb 18, 2009
On February 17, 2009, North Dakota House of Representatives effectively banned abortion in the state. The House voted 51-41 to pass The Personhood of Children Act and declare that all fertilized eggs have the rights of a person. The exact wording of the bill states that "any organism with the genome of homo sapiens" is to be protected under North Dakota's Constitution and laws.
Republican Dan Ruby, who sponsored the bill, claims this is compatible with Roe v. Wade because the Supreme Court ruled that until it had been established where life begins, no challenge could be made to the legality of abortion. Thus, if the state has established that life begins at fertilization then they can make a challenge to a woman's right to choose. But despite Ruby's reassurances, it is more than likely that if the bill is passed in the Senate then the state will be forced to defend the law in court. Many critics are saying that in these economic times, it is inappropriate for the legislature to begin a legal battle over abortion that could cost millions of dollars to defend.
This bill is similar to Colorado's Amendment 48, which was overwhelmingly defeated in November. Amendment 48 would have defined a “person” as “any human being from the moment of fertilization.” That would mean a fetus would have all the constitutional rights of a citizen and abortion would legally be considered murder. In Colorado, 73 percent voted against passing Amendment 48. Not only were pro-choice groups adamantly against the bill, but so were many pro-life groups. That is because by defining personhood at conception, it makes no exception in cases of rape, incest or the health of the mother. Because of this extreme wording, the amendment to gain the endorsements of National Right to Life Committee, the Catholic Conference of Colorado and Focus on the Family Action.
Like Colorado's Amendment 48, North Dakota's House of Representatives also used broad language that many opponents say would also outlaw reproductive health care, contraception, in vitro fertilization and stem cell research because these services can involve fertalized eggs. It also faces similar problems by not allowing for exceptions. If a woman is raped and becomes pregnant, then the fetus can not be aborted because it is an "organism with the genome of homo sapiens."
What is interesting is that while Colorado sent this controversial bill to the people, North Dakota's legislature has acted without asking constituents to vote on the bill. Instead, The Personhood of Children Act now moves to the state senate for review. In the next two weeks, North Dakota may become the first state since Roe v. Wade to ban abortion.
