News Politics

Flipping on Egg-as-Person Laws: Romney Supported Personhood, Flipped, Then Maybe Flipped Again

Jason Salzman

As Mississippi debated then defeated a “personhood” amendment that would have granted legal rights to fertilized human eggs, multiple media outlets reported that GOP presidential contender Mitt Romney refused to clarify whether he supported the measure, which would ban not only abortions but also common forms of birth control and undermine other forms of health care for women.

Cross-posted with permission from BigMedia.Org.

See all our coverage of egg-as-person initiatives here.

As Mississippi debated then defeated a “personhood” amendment that would have granted legal rights to fertilized human eggs, multiple media outlets reported that GOP presidential contender Mitt Romney refused to clarify whether he supported the measure, which would ban not only abortions but also common forms of birth control.

But apparently, no media reported that four years ago Romney said he supported what personhood supporters and opponents call the federal equivalent of the Mississippi personhood measure.

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The federal version would expand the definition of a “person” under the 14th Amendment of the U.S. Constitution to include a fertilized egg or zygote.

On August 6, 2007, Romney was asked on ABC’s “Good Morning America” about the following plank of the Republican platform, which remains in the national GOP platform to this day:

We support a Human Life Amendment to the Constitution, and we endorse legislation to make it clear that the 14th Amendment’s protections apply to unborn children.

Romney was asked, “Do you support that part of the Republican platform?” He told ABC

You know, I do support the Republican platform, and I support that being part of the Republican platform, and I’m pro-life.

But things changed in September of this year, at a GOP presidential forum in South Carolina. When Princeton Professor Robert George asked Romney specifically about the federal personhood measure, Romney flipped, saying he’d oppose it.

George asked Romney and other GOP candidates:

Section Five of the 14th Amendment expressly authorizes the Congress by appropriate legislation to enforce the guarantees of due process and equal protection contained in the amendment’s first section. Now, as someone who believes in the inherent and equal dignity of all members of the human family including the child in the womb, would you as president propose to Congress appropriate legislation pursuant to the 14th Amendment to protect human life in all stages and conditions?

Michele Bachmann, Herman Cain, and Newt Gingrich all said they would do so. But Romney replied: 

That would create obviously a constitutional crisis. Could that happen in this country? Could there be circumstances where that might occur? I think it’s reasonable that something of that nature might happen someday. That’s not something I would precipitate.

Two months later, in October, Romney told Fox News’ Mike Huckabee that he “absolutely” would have signed an amendment to the Massachusetts constitution establishing that life begins a conception.

Journalists (from The New York Times, The New Yorker, and others) tried to get Romney to clarify whether his response to Huckabee meant that he supported Mississippi’s personhood amendment, but his campaign did not issue a clear statement.

For example, asked about personhood last week, Romney’s spokesperson Gail Gitcho told Politico’s Ben Smith, that Romney believes that life begins at conception and favors a “Human Life Amendment that overturns Roe vs. Wade and sends the issue back to the states,” but she stopped short of saying Romney opposes a state personhood measure. (A “human life amendment” would overturn Roe v. Wade, without giving legal protections to a fertilized egg as a person.)

Gitcho’s statement to Politico above, and her additional comments that Romney is “supportive of efforts to ensure recognition that life begins at conception” and that “these matters should be left up to states to decide,” leaves open the possibility for support of a Mississippi-style personhood amendment. In fact, that would be consistent with support for “efforts to ensure recognition that life begins at conception,” wouldn’t it?

Similarly, Romney’s own statement last month to a voter in Iowa, who asked if he wants to ban birth control, sheds no light on his view of the personhood issue: “I don’t,” Romney replied. “I’m sorry, life begins at conception; birth control prevents conception.” This is meaningless because, as you know if you follow the complexities of this issue, personhood supporters don’t oppose “birth control,” like condoms that don’t stop fertilized eggs. And they don’t use the term “birth control” for IUDs and some forms of the pill that do destroy fertilized eggs, or have the potential to do so. Those are called abortifacients. So Romney’s statement that birth control prevents conception is perfectly acceptable to the personhood crowd, and he used the same logic to veto a bill allowing the use of the morning-after pill in Massachusetts in 2005.

Romney’s changing position on the personhood issue, which may reflect his campaign’s concerns about polling on the issue as well as the experience of failed GOP Colorado Senate Candidate Ken Buck, has frustrated the folks at Personhood USA, which has backed state-based initiatives like the one in Mississippi.

“Romney made positive comments on Mike Huckabee’s show, but we’ve heard mixed messages,” Jennifer Mason, Communications Director for Personhood USA told me, adding that at one point in the past she viewed Romney a Personhood backer. “We would like to know if he does support Personhood. America wants to know specifically how he falls on the pro-life issues. We haven’t heard anything since the Huckabee show about his position on Personhood. We’re still waiting.”

Asked if appropriate changes with respect to the definition of a person in the 14th Amendment to the U.S. Constitution would constitute “personhood” at the federal level, Mason said:

A federal personhood amendment is our ultimate goal, but it really depends on the language. If it protects every human being , no matter of stage of development, size, location, gender or race, then we would support it. In fact that is what we are hoping for.

What if someone like Romney believes “life begins at conception” and also supports 14th Amendment protection of the “unborn?” Does that combination do the trick for Mason?

“I believe so,” she replied.

Like Personhood USA, Planned Parenthood also views changes to the 14th Amendment as the federal approach to personhood.

“Yes, it is fair to say that Planned Parenthood believes the effort to change the 14th amendment is a federal version of ‘personhood’ measures we’ve seen in the states,” said Monica McCafferty, Director of Marketing and Communications for Planned Parenthood of the Rocky Mountains. “They are all seeking to provide constitutional protection to fertilized eggs, embryos, and fetuses at all stages of development, regardless of viability.”

So, until Romney stops hiding from journalists, and announces where he stands on personhood, reporters should no longer state, as as the Las Vegas Sun did Thursday that “he has never voiced explicit support for it.” or even, as Politco stated Nov. 9, that it’s unclear “he supports the Mississippi law or others like it.”

Instead, the most fair and accurate way for journalists to describe Romney’s position on personhood is to write that he’s changed his position on the issue over the years, first for personhood on the federal level (in 2007), then against it (in Sept. 2011), and finally maybe in favor a state version (last month).

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.

Analysis Human Rights

Activists Seek Justice as Verdict Looms for Officer Involved in Freddie Gray’s Death

Michelle D. Anderson

Freddie Gray, 25, died from spinal cord injuries in April 2015, a week after police arrested and took him into custody. Last year, Baltimore City State's Attorney Marilyn J. Mosby brought criminal charges against six of the officers involved with his arrest. Since then, three officers' trials have been completed without convictions.

The bench trial of Lt. Brian Rice, the highest-ranking Baltimore Police Department officer involved in the 2015 death of Freddie Gray, began on Thursday, July 7. Rice faces involuntary manslaughter, second-degree assault, and reckless endangerment; the state dropped a misconduct charge after acknowledging Rice was not directly involved in Gray’s arrest. The closing arguments in his trial are scheduled for this Thursday; the judge is expected to share his verdict Monday.

The Rice trial started just as the public began grappling with the deaths of Philando Castile and Alton Sterling—and the subsequent murder of five police officers at a Dallas protest.

Castile and Sterling, both Black men, died during encounters with police in Falcon Heights, Minnesota, and Baton Rouge, Louisiana, triggering nationwide protests against police brutality and implicit racial bias that have continued into this week.

And just like the days following Gray’s death, social media sites like Twitter and Facebook were flooded with images, videos, and hashtags demanding justice.

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Gray, 25, died from spinal cord injuries in April 2015, a week after police arrested and took him into custody. Activists and some Maryland legislators accused police of giving Gray an intentional “rough ride,” when inmates or persons in custody are transported in police vans without a seat belt and subjected to frantic driving, ultimately causing them injury. Last year, Baltimore City State’s Attorney Marilyn J. Mosby brought criminal charges against six of the officers involved with his arrest. Since then, three officers’ trials have been completed without convictions—and as activists on the ground in Baltimore wait for more verdicts, they are pushing for reforms and justice beyond the courtroom.

The first police trial, which involved charges against Officer William Porter of involuntary manslaughter, second-degree assault, reckless endangerment, and misconduct in office, ended in a mistrial in December 2015 after jurors failed to reach a verdict.

Baltimore City Circuit Court Judge Barry Glenn Williams acquitted Officer Edward M. Nero of all charges in May. Mosby had charged Nero with misconduct, second-degree assault, and reckless endangerment for putting Gray into the police van without a seat belt.

But many viewed the trial of Caesar R. Goodson Jr., who drove the van, as the most critical of the six. Last month, Judge Williams announced that Goodson, too, had been acquitted of all charges—including second-degree depraved-heart murder, the most serious of those brought against the officers.

Kwame Rose, a Baltimore activist, told Rewire he was not surprised.

“The judicial system of America shows that police are never held accountable when it comes to the death of Black people,” said Rose, who was arrested in September and December during peaceful protests related to Gray’s death.

During Goodson’s trial, Williams said there were several “equally plausible scenarios,” that could have transpired during Gray’s arrest. He also rejected the state’s argument that police intentionally gave Gray a “rough ride,”according to a New York Times account.

Ray Kelly, community relations director for the No Boundaries Coalition of West Baltimore grassroots group and a community interviewer for the West Baltimore Community Commission on Police Misconduct, said he was disappointed by the Goodson verdict. However, he noted that he was heartened by Mosby’s decision to bring criminal charges against the officers in the first place. “It’s a small change, but it is a change nonetheless,” Kelly said in a recent interview with Rewire.

In addition to the charges, Gray’s death eventually sparked a major “pattern or practice” investigation by the U.S. Department of Justice (DOJ). Local activists, including the No Boundaries Coalition, which issued in March a 32-page report that detailed police misconduct in Baltimore and helped to trigger the DOJ, expected the findings of the DOJ investigation in late June.

However, the document has yet to be released, said Kelly, who is a native of the same West Baltimore neighborhood where Gray was detained.

Kelly is expecting a consent decree—similar to the ones in Ferguson, Missouri, and Cleveland, Ohio—and a continued partnership with federal officials in the near future.

For Kelly, the trials—and the lack of convictions—have proved what leaders in groups like the No Boundaries Coalition have been saying in their advocacy. One of those messages, Kelly said, is that the community should continue to focus less on the judicial process for theoretically punishing officers who have committed wrongdoing and more on initiating policy changes that combat over-policing.

Baltimore Bloc, a grassroots group, seemed to echo Kelly’s sentiment in a statement last month. Two days after the Goodson verdict, Baltimore Bloc activists said it was a reminder that the judicial system was not broken and was simply doing exactly what it is designed to do.

“To understand our lack of faith in the justice system, you must first recognize certain truths: the justice system works for police who both live in and out of the city; it works against Black people who come from disinvested, redlined Black communities; and it systematically ruins the lives of people like Keith Davis Jr., Tyrone West and Freddie Gray,” Baltimore Bloc leadership said, referencing two other Baltimore residents shot by police.

The American Civil Liberties Union, citing the U.S. Supreme Court decision in Illinois v. Wardlow, said in a May blog post that police had legal case for stopping and arresting Gray, but also said the action constituted racially biased policing and diminished rights for Black and Latino citizens.

“The result is standards of police conduct that are different in some places than other places. It is a powerful example of institutionalized and structural racism in which ostensibly race-neutral policies and practices create different outcomes for different racial groups,” ACLU leaders said.

Right before issuing its statement in May, ACLU released a briefing paper that said at least 21 individuals had been killed in police encounters across Maryland in 2015. Of those fatal encounters, which included Gray, 81 percent were Black and about half were unarmed.

The ACLU said it was impossible for the agency to determine whether any officers were disciplined for misconduct in most cases because the police refused to release crucial information to the public.

The ACLU began compiling information about police custody deaths after learning that Maryland officials were not tracking those cases. In 2015, state politicians passed a law mandating law enforcement agencies to report such data. The first set of statistics on police custody deaths is expected in October, according to the ACLU. It is unclear whether those will include reports of officer discipline.

In line with those efforts, activists across Maryland are working to bring forth more systemic changes that will eliminate over-policing and the lack of accountability that exist among police agencies.

Elizabeth Alex, the regional director for CASA Baltimore, a grassroots group that advocates on behalf of local, low-income immigrant communities, told Rewire many activists are spending less energy on reforming the judicial process to achieve police accountability.

“I think people are looking at alternative ways to hold officers and others accountable other than the court system,” Alex said.

Like the No Boundaries Coalition, CASA Baltimore is part of the Campaign for Justice, Safety & Jobs (CJSJ), a collective of more than 30 local community, policy, labor, faith, and civil rights groups that convened after Gray’s death. CJSJ members include groups like the local ACLU affiliate, Baltimore United for Change, and Leaders of a Beautiful Struggle.

CJSJ leaders said the Goodson verdict underlined the critical need for “deep behavioral change” in the Baltimore Police Department’s culture. For the past year, the group has pushed heavily for citizen representation on police trial boards that review police brutality cases. Those boards make decisions about disciplining officers. For example, the city’s police commissioner might decide to discipline or fire an officer; that officer could go to the trial board to appeal the decision.

This spring, recent Baltimore City mayoral candidate and Maryland Sen. Catherine Pugh (D-Baltimore), helped pass an omnibus police accountability law, HB 1016. Part of that bill includes a change to Maryland’s Law Enforcement Officer’s Bill of Rights (LEOBR) giving local jurisdictions permission to allow voting citizens on police trial boards. Republican Gov. Larry Hogan signed the changes into law in May.

That change can only happen in Baltimore, however, if the Baltimore Fraternal Order of the Police union agrees to revise its contract with the city, according to WBAL TV. The agreement, which expired on June 30, currently does not allow citizen inclusion.

In light of the current stalled negotiations, Baltimore Bloc on July 5 demanded Baltimore City Council President Bernard C. “Jack” Young instead introduce an amendment to the city charter to allow civilian participation on trial boards. If Young introduced the amendment before an August deadline, the question would make it onto the November ballot.

Kelly, in an interview with Rewire, cited some CJSJ members’ recent meeting with Baltimore Police Commissioner Kevin Davis as a win for Baltimore citizens. During that meeting, held on June 29, Davis outlined some of his plans for implementing change on the police force and said he supported local citizens participating on police trial boards, Kelly said.

This year, the Baltimore Police Department has also implemented a new use-of-force policy. The policy emphasizes de-escalation and accountability and is the first rewrite of the policy since 2003, according to the Sun.

The ACLU has welcomed the policy as a step in the right direction, but said the new rules need significant improvements, according to the Sun.

For example, the policy requires reporting to the department when an officer flashes or points a weapon at a suspect without shooting; the data will be reviewed by the police commissioner and other city officials. However, it doesn’t require the same from officers who use deadly force.

Notably, the policy requires officers to call a medic if a person in custody requests medical assistance or shows signs that they need professional help. Gray had requested a medic, but officers were skeptical and didn’t call for help until he became unresponsive, according to various news reports.

Rose, who recently received legal assistance from the ACLU to fight criminal charges related to his arrests last year, said citizens should continue to demand accountability and “true transparency” from law enforcement.

In the meantime, with four trials—including Rice’s case—remaining and no convictions, many are looking to see if Mosby will change her prosecution strategy in the upcoming weeks. Roya Hanna, a former Baltimore prosecutor, has suggested Mosby showed poor judgment for charging the six officers without “adequate evidence,” according to the Sun.

Meanwhile, Baltimore City’s police union has urged Mosby to drop the remaining charges against officers.

The trial of Officer Garrett E. Miller is slated to begin July 27; Officer William Porter, Sept. 6, and Sgt. Alicia D. White, Oct. 13. All officers charged pleaded not guilty.

Baltimore Bloc, citing its dissatisfaction with her performance thus far, demanded Mosby’s removal from office last month.

Kelly, who counts Baltimore Bloc among his allies, has a different outlook. Calling’s Mosby’s swift decision to charge the six officers last year  “groundbreaking,” the Baltimore activist said the ongoing police trials are justified and help give attention to police misconduct.

“She should follow through on the charges ….We need that exposure,” Kelly said. “It keeps the debate open and sparks the conversation.”