Colorado's Amendment 48

Colorado Amendment 48, sponsored by Colorado Equal Rights, seeks to define a person in the state of Colorado as "any human being from the moment of fertilization". While several publications and articles have already discussed the potential social ramifications of this amendment should it pass, no one has yet considered what affect it might have in the realm of business.

Corporations are artificial persons. Here in the United States, they have been granted "personhood" and thus the same rights and privileges as actual flesh and blood persons. In fact, they are superior to real human beings for the fact that they are potentially immortal, and for tax purposes, typically pay a lower percentage of their income as tax. This notion of corporate personhood goes back to a case in the late 1800s called Santa Clara v. Southern Pacific Railroad. In this case, a court reporter, J.C. Bancroft Davis noted a statement made by Chief Justice Morrison R. Waite, "The court does not wish to hear argument on the question whether the provision in the Fourteenth Amendment to the Constitution, which forbids a State to deny to any person within its jurisdiction the equal protection of the laws, applies to these corporations. We are all of the opinion that it does." It is from this statement, and the surrounding and succeeding case law, that we in the United States have artificial persons known as corporations.

However, if we move to define a person in solely biological terms, this means that, at least within the state of Colorado, corporate personhood would cease to exist. Comment was sought on this possible outcome from the Denver and Pueblo Chambers of Commerce, as well as from the main sponsoring organization, Colorado Equal Rights, and a major proponent, Focus on the Family. As of writing this article, the only response received was from Kate E. Horle, the Director of Communications for the Denver Chamber. In her response, she stated that the Chamber, "has not considered the issue of Amendment 48, nor do we have any plans to do so. It is not a business issue, and we do not generally take positions on social issues."

It could be entirely possible that, should this amendment pass, it would have no affect on the definition of corporate personhood within the state of Colorado. However, as the Amendment is written, there may be a potential for individuals and groups who are so inclined to bring about a case for ending corporate personhood based on this amendment. Even if it does pass, there would likely be court cases already opposed to its enforcement. However, should groups seeking to end corporate personhood push the case that this amendment unambiguously defines persons in purely human terms, then Chambers of Commerce and large corporations doing business in Colorado would likely seek to overturn this amendment as well.