Would Alabama Personhood Undo Corporate Personhood?

Robin Marty

If the state does get a person to be redefined to moment of fertilization, does that mean corporations will lose their personhood?

It seems as though every state is trying to outdo the next when it comes to creating the newest and more obvious legal challenge to Roe V. Wade. But the new push for personhood for fertilized eggs in Alabama has the possibility to go one step further, and possibly overturn corporate personhood along the way.

The American Independent reports that a variety of personhood bills and amendments are being proposed in the state of Alabama this week, all attempting to redefine a person as beginning at the moment of conception.  This includes “a ballot proposal to amend the Constitution of Alabama of 1901, so that every time the word ‘person’ is used in that document it would include ‘all humans from the moment of fertilization.'”

Trying to create unconstitutional laws as a way to kick something up the legal line and try to get the case in front of the supreme court as a Roe V. Wade challenge is definitely not news.  But one fun wrinkly is TAI’s interview with an anti-choice lawyer associated with the Personhood USA campaign, who states: “that Alabama’s constitution defines corporations as persons, but not unborn babies.”

So, logically, if Alabama did in fact approve an amendment redefining a person as “all humans from the moment of fertilization” then it would then inevitably defining corporations as not a person.

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I wonder how the Alabama business community feels about that side effect of the legislation?

News Abortion

Iowa GOP Legislator: Ending Legal Abortion ‘Impossible’ Without ‘Personhood’ Laws

Teddy Wilson

GOP-backed "personhood" laws have been an unmitigated failure. Voters in state after state have rejected by wide margins personhood ballot initiatives, and personhood bills have failed to gain traction in many legislatures.

An Iowa Republican plans to introduce a measure defining life as beginning at conception in response to the U.S. Supreme Court’s ruling striking down an anti-choice Texas law, which has limited states’ ability to restrict abortion care access.

State Sen. Jason Schultz (R-Schleswig) told IowaWatch that the U.S. Supreme Court’s decision in Whole Woman’s Health v. Hellerstedt proves that the anti-choice movement’s attack on abortion rights is not working.

“The Supreme Court decision reinforced that incrementally ending abortion is impossible,” Schultz said. “You either have it or you don’t.”

So-called personhood laws seek to classify fertilized eggs, zygotes, embryos, and fetuses as people, and to grant them full legal protection under the U.S. Constitution.

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GOP-backed “personhood” laws have been an unmitigated failure. Voters in state after state have rejected by wide margins personhood ballot initiatives, and personhood bills have failed to gain traction in many legislatures.

Personhood bills were introduced this year by Republican lawmakers in Alabama, Colorado, Maryland, Mississippi, Missouri, and Rhode Island.

Rachel Lopez, a spokeswoman for Planned Parenthood of the Heartland, told IowaWatch that personhood measures are routinely introduced in Iowa but have failed to gain traction in the GOP-dominated legislature.

“Although we have not yet seen the details of this impending effort, we are confident that it also will fail to advance,” Lopez said. “Personhood bills are a waste of both time and taxpayer dollars, as they have failed time and again in Iowa and other states.”

Iowa lawmakers this year introduced SJR 2001, a joint resolution proposing an amendment to the state constitution specifying that the document does not secure or protect a fundamental right to abortion care.

SJR 2001 was referred to the senate rules and administration committee, but never received a hearing or a vote.

Schultz, who was elected to the state senate in 2014 after serving in the house, has sponsored or co-sponsored several anti-choice bills while in the state legislature, including personhood measures.

SF 478, sponsored by Schultz during the 2015 legislative session, would have defined “person” when referring to the victim of a murder, to mean “an individual human being, without regard to age of development, from the moment of conception, when a zygote is formed, until natural death.”

Mark Kende, director of Drake University’s Constitutional Law Center, told IowaWatch that Schultz’s proposal would not survive in the courts.

“He can try to pass that legislation but it certainly wouldn’t trump the federal Constitution,” Kende said. “Even if that language got into the state constitution it can’t defy three Supreme Court decisions in the last 40 years.”

Gov. Terry Branstad (R) told IowaWatch that he could not support Schultz’s proposal.

“I’m pro-life and I want to do what I can to encourage things that can protect the lives of unborn children,” Branstad said. “Yet I also recognize that we have to live with the restrictions that have been placed on the states by the courts.”

Branstad signed many of the state’s laws restricting abortion access that came up during the latter part of his first term as governor.

News Politics

U.S. Senate Candidate’s Abortion Stance Sets Him Apart From Fellow GOP Opponents in Colorado

Jason Salzman

Former Colorado State University athletics director Jack Graham is backing a “woman’s right to choose” as he competes against four self-described “pro-life” Republicans in a primary to take on pro-choice Sen. Michael Bennet (D-CO) in November’s election.

In Colorado, where Republicans like Sen. Cory Gardner (R-CO) in 2014 and GOP senatorial candidate Ken Buck in 2010 are known for taking hard-line anti-abortion stances during the Republican primary and then moderating their positions for the consumption of general-election voters, a GOP senatorial candidate this year is turning heads. The candidate, former Colorado State University athletics director Jack Graham, is backing a “woman’s right to choose” as he competes against four self-described “pro-life” Republicans in a primary to take on pro-choice Sen. Michael Bennet (D-CO) in November’s election.

Graham repeatedly states in speeches, as he does on his website, that the “government’s role in our lives should be kept to a minimum.” In keeping with this, he adds, “I support and I believe in a woman’s right to choose; and that our government does not belong in this decision.”

“I feel deeply about the right to choose, just as I do about the sanctity of life,” Graham told the Pueblo Chieftain in April.

Graham supports Roe v. Wade and praises Planned Parenthood’s ability to respond in “real time” when sexual health crises arise, like the AIDS epidemic, which he witnessed in the 1980s.

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As for details on the meaning of his abortion stance, Graham’s website states that “the government should not participate in any way in the funding of abortion procedures or abortion counseling,” and it also states that continued funding for Planned Parenthood “should be predicated upon their complete discontinuation of abortion activities.” He’s also opposed to “late-term” and “partial-birth” abortions.

Still, Graham’s position, particularly his use of pro-choice language, like “a women’s right to choose,” to describe his stance, sets him apart from his four GOP primary opponents, even making headlines like this one in the Pueblo Chieftain: “GOP Senate hopeful is pro-choice.”

The other four GOP primary candidates are anti-choice in varying degrees. Darryl Glenn, an El Paso County Commissioner who was voted onto the primary ballot by Republicans at their state convention, supports so-called personhood, according to Colorado Right to Life, meaning he believes life begins at conception, and fertilized human eggs (zygotes) should be given legal rights.

“I am an unapologetic pro-life American,” Glenn said during a recent televised debate. “I don’t agree with the decision of Roe v. Wade.”

Businessmen Robert Blaha and Ryan Frazier and former state Rep. Jon Kyser (R-Jefferson County) all say they are “pro-life.”

The question is, will Graham’s abortion stance affect his chances of victory in Tuesday’s GOP primary?

“From a purely political strategy standpoint, I’m inclined to think it will help him,” said John Sraayer, professor of political science at Colorado State University in Fort Collins, in an interview with Rewire. “He doesn’t need all the Republican voters in the primary, he just needs to get more than the other candidates.”

Straayer said Graham’s position will hurt him with more Republican primary voters than not, but in a low-turnout primary election, with votes divided among five candidates, Graham could benefit from “standing out” on reproductive rights.

“The people on the pro-life side have four choices,” Straayer told Rewire. “They can only pick one, so the pro-life vote will be fragmented.”

Straayer pointed out that Graham’s campaign benefits from being run by political consultant Dick Wadhams, a former Colorado state party chairman, who managed South Dakota Sen. John Thune’s upset victory of Democrat Tom Daschle in 2005.

Graham, who became a Republican about a year ago, did not return a call from Rewire seeking comment.

No public polling on Graham’s primary race is available, but the latest campaign finance report shows that Graham is in the lead. He has given his campaign $1.5 million and has more cash on hand than any of his opponents, with over $800,000 in the bank, as the Colorado Statesman reported. Graham’s closest GOP opponent, Blaha, has over $270,000 in cash, after loaning his campaign $1 million earlier this year.

Democratic Sen. Michael Bennet has $5.7 million in the bank, seven times as much as Graham.

In 2014, Sen. Gardner defeated pro-choice Democratic Sen. Mark Udall, in part, by claiming legislation he co-sponsored to outlaw abortion was merely symbolic, when in fact, it was not.