Colorado's Amendment 48 Could Ban Abortion

When the Colorado secretary of state put Amendment 48 on the November ballot, it was widely expected to draw plenty of time and money, as another Associated Content story noted in July. Any measure on abortion is sure to draw massive attention.

However, a host of other election issues have taken center stage and left the Amendment 48 on the back burner. The presidential race is closer than anyone expected this late in the game, the senate race is heating up, and Amendment 58 is among many other issues that have drawn more attention and money.

This lack of attention may end up benefiting the backers of Amendment 48. They hope the measure leads to a ban on abortion in Colorado despite the clear legalization of abortion in 1973 with the Supreme Court's Roe Vs. Wade decision. The measure would also have other far-reaching implications on contraceptives, in vitro fertilization and even corporations.

However, the backers of the amendment are counting on Colorado voters to not be informed about the true intents and implications of their measure. Amendment 48 does not directly ask if Colorado should ban abortions.

Instead, Amendment 48 officially defines a person as any fertilized human egg. It simply asks the following: "Shall there be an amendment to the Colorado constitution defining the term "person" to include any human being from the moment of fertilization as "person" is used in those provisions of the Colorado constitution relating to inalienable rights, equality of justice, and due process of law?"

Colorado voters could understandably read this measure as a simple equal rights protection. However, the true impacts of passage could be wide-reaching, confusing and dangerous. The threat of the measure doesn't end with a statewide ban on abortion. A thoughtful reading of Amendment 48 also bans many kinds of contraceptives and could make women legally liable for miscarriages, as the Denver Post noted in a June analysis of the issue. James Johnson of Colorado Springs wrote an interesting analysis of the measure's potential impact on corporations. A blanket legal redefinition of personhood would generate broad confusion and potentially force a re-examination of nearly every law in the state.

The backers may not care about these impacts. They seem to strive for a ban on abortion banned by any means necessary. The Colorado Independent found links between the Amendment 48 crew and radical pro-life groups that advocate armed confrontation with abortion supporters and providers.

These radical elements should not be helping to make broad, permanent changes to the Colorado constitution.

Reasonable people can disagree on abortion. If Colorado for Equal Rights and other backers of Amendment 48 had gathered signatures on a tightly worded abortion ban, we could be having that reasonable, healthy dialogue. However, Amendment 48's disingenuous language does not allow for such a dialogue.