This article has been updated to correct typographical errors in the originally published version.
Colorado is America’s personhood Petri Dish, where anti-choice activists first put a question on the ballot (in 2008) about whether to extend legal rights to fertilized human eggs, otherwise known as zygotes.
They lost and tried (and lost) again in 2010, and they’re trying again this year.
As the personhood initiatives have come and gone here, Colorado has seen the different reactions of politicians who endorse personhood when the eyes of everyday people turn toward them, when the wider population becomes aware that they’ve aligned themselves with the personhood folks, who even stand on the fringe of the anti-abortion movement.
Appreciate our work?
Vote now! And help Rewire earn a bigger grant from CREDO:
As an endorser of personhood, Rep. Paul Ryan is suddenly in this category. Before being selected by Romney, no one except anti-choice activists knew Ryan had sponsored federal personhood legislation, which, among other things, would ban common forms of birth control as well as all abortions, even in the case of rape and incest.
So the question is, now that Ryan’s personhood cat is out of the back alley, what will he do?
It also won’t work for Ryan to say, like Colorado congressional candidate Joe Coors did last week, that the voters have twice defeated the ballot measure, and so Coors is going to respect their decision and not endorse it. Ryan doesn’t seem to be concerned about voter sentiment about personhood, in light of the fact that he’s co-sponsored legislation on the issue despite long odds against him in Congress.
Ryan might consider un-endorsing personhood, like Colorado GOP Senate candidate Ken Buck did in 2010.
This strategy didn’t work well for Buck, as his Democratic opponent trounced him on the issue anyway, and it’s hard to see how it would work for Ryan, since he was a co-sponsor of the personhood bill in Congress, and he’d presumably know something about it if he co-sponosored it. I mean, can you imagine Ryan offering the excuse that he’s a budget maven not a birth-control maven?
Or, will Ryan follow the lead of Colorado Rep. Doug Lamborn, who’s not abandoning his personhood friends, saying through a spokesperson that he’s still a “supporter” of personhood.
It shouldn’t be a surprise when a politician stands behind a ballot initiative that he’s endorsed, like Lamborn is doing, but in Colorado, when it comes to personhood, you have to expect backpedaling.
Still, you might guess that Ryan’s model would be Lamborn, since Lamborn co-sponsored the same federal personhood “Sanctity of Human Life” bill that Ryan did.
But after what we’ve seen in Colorado, you expect Ryan to back away from it, even though, according to The Fix, “Ryan won his seat in 1998 by running to his opponent’s right on abortion and emphasizing no exceptions.”
In any case, at some point, whether it’s tomorrow, if Ryan takes questions from reporters, or at some future debate or press conference, a reporter has to remind Ryan, “You’re a co-sponsor of a bill making personhood federal law.”
A Republican running for U.S. Senate in Colorado was on record during the GOP primary as supporting a "personhood" abortion ban, but now, as Republicans have done in previous Colorado elections, he’s sounding more pro-choice.
During his successful primary campaign to take on U.S. Sen. Michael Bennet (D-CO), Darryl Glenn clearly stated his opposition to the landmark Roe v. Wade Supreme Court decision, garnering the support of anti-choice organization Colorado Right to Life (CRTL).
Glenn’s “pro-life” rating from the group was based on a questionnaire revealing, “with no weasel-room,” that the candidate believes “government has an obligation to protect all human life from conception forward” and “every innocent human being has an inalienable Right to Life at every age or stage of development,” according to the CRTL blog.
Glenn, an El Paso county commissioner, is now hedging on his stringent anti-choice stance and angering his former anti-choice allies in the process.
“As a person who has two adult daughters, I put myself in that situation,” Glenn said during a July 19 appearance on Devil’s Advocate, a local public affairs television program sponsored by a conservative think tank. “And I want to make sure that when we’re talking about health care, you want to make sure that women have the ability and access to health care, so that they understand all the different options that are out there. And at some point in time, maybe they might have to make that decision. But that is a personal decision that they have to make between them and … God.”
Appreciate our work?
Vote now! And help Rewire earn a bigger grant from CREDO:
Anti-choice activists were unhappy with Glenn’s comments.
“I’m willing to say on behalf of our organization that his comments were not nearly as strong as we would hope,” Susan Sutherland, vice president of Colorado Right to Life, told the Durango Herald, which broke the story Monday. “He was just trying to play a little bit of political maneuvering there.”
“As a politician, he knows that a consistent 100% pro-life position will make it much more difficult for him to get elected to a statewide elected position in Colorado,” wrote Jones, vice president of the anti-choice Personhood Alliance. “We know from past personhood campaigns that support for a 100% pro-life position at the present time can get you around 35% of the vote statewide, however, with that sizable support comes 45% or more of ardent opposition. This political reality leads candidates for statewide office to do the primary-general two-step.”
“Every politician has to make a call on fundamental issues,” Jones continued. “What call they end up making is simultaneously a reflection of the politician’s priorities (getting elected v. standing for a principle) and of the electorate who on fundamental questions such as the right to life is itself not consistent.”
One pro-choice group in Colorado downplayed the debate about Glenn’s choice of words to describe his abortion stance, focusing instead on the policy ramifications.
“We are not concerned about the label that someone has or is given,” said Cristina Aguilar, executive director of Colorado Organization for Latina Opportunity and Reproductive Rights (COLOR), in an email statement. “We are committed to ensuring that women have access to information and support to make the decision that is best for them and that they are able to seek quality health care without medically unnecessary barriers.”
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.
Appreciate our work?
Vote now! And help Rewire earn a bigger grant from CREDO:
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 WilliamPorter, 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.”