RealTime: Colorado SC Affirms “Egg-as-Person”


In a terse 7-0 decision today, the Colorado Supreme Court affirmed the decision of the state Title Board's approval of a 2008 proposed ballot measure to bestow constitutional rights on fertilized human eggs.

Seven reproductive health advocates filed a legal challenge in August 2007 arguing that the ballot measure authored by Colorado for Equal Rights and approved by the all-male state Title Board did not meet the state's single-subject issue rule and was deceptive in its purpose.

The Court disagreed with the plaintiffs and affirmed the Title Board's action for proposed Initiative 36 which reads:

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?

However, in press accounts, Colorado for Equal Rights spokesman Mark Meuser has repeatedly stated that the measure is intended to ban abortion and limit access to contraceptives in direct contradiction to the strict rules governing ballot language.

Proponents of the initiative are expected to easily collect the required 76,000 valid signatures by February 2008 to get the measure on the ballot.

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  • invalid-0

    Just so this site continues to try and be scientifically and biologically accurate…once an ova is “fertilized” it is no longer an egg; it is a blastocyst. Understanding the political underpinning, but what am I missing here?

  • invalid-0

    Not to split hairs here, but actually, it’s a zygote, or fertilized ovum. It isn’t a blastocyst until it divides enough times to have a cavity in the center, as any other type of cyst does.

  • invalid-0

    But are they out of their f***ing minds??!! This is a blatant anti choiceism, against abortion AND birth control. If the court can’t see that, it must be staggering under a simply massive right wing bias.

  • invalid-0

    I feel sorry for all the would-be-mothers who miscarry in Colorado if this blatantly anti-woman measure gets enough votes to pass into law. I feel angry for all the young women who will try to obtain birth control so that they don’t get pregnant if this blatantly anti-female measure gets enough votes to pass into law in Colorado. Obviously this court has sold out to the religious extremists; that has been the plan all along by these groups – stack the lower as well as the higher courts (as in the Supreme Court) with right wing judges state by state in order to bring about the enslavement of females in our society.

  • invalid-0

    defining the term “person” to include any human being from the moment of fertilization

    So it’s already a “human being”, just not considered a “person”? Interesting…

    PS: Deb-cm, relax — eggs dont get fertilized by accident you know. You’ve always got a choice.

  • http://www.caitlainscorner.com invalid-0

    calm down. The court merely ruled on the legality of the wording of a proposed ballot measure, not whether or not a fertilized egg is or has personhood.

    The voters will decide that. I do agree that they better realize what they’re doing if they vote in favor of that. I suspect, however, that the USSC would rule that unconstitutional.

  • invalid-0

    This is wonderful — chemical companies, roadside and agricultural sprayers, lawn-care workers, cell-phone companies, and all sources of pollution and radiation can face charges of assault, battery, or murder for each egg damaged or miscarried after maternal exposure. Also presents great business opportunity for personal egg-monitoring kits, complete with exhibit stickers.

  • invalid-0

    So, let me get this straight. For nine months +/-, ending the life of the thing in the woman is a “choice”, but one nanosecond after it’s born, it’s MURDER? Personally, I am in favor of retroactive abortion for all who support “choice”, thereby eliminating the implicit threat to untold numbers of innocent future human beings, not to mention the curse on our land which has resulted from the present devil-inspired “law”.

  • invalid-0

    A child is a human, so is a baby. Whatever develops into the baby is just as human as what comes after infanthood. The fact that selfish murderous people slaughter millions of young a year is no better than human sacrifice. Except it is even more selfish than paganistic practices. At least pagans sacrifice to gods in order to heal crops or something vaguely 'good'. Yet here we have millions of seemingly intelligent and civilized people, literally KILLING millions of future children and adults. These young may have grown up to cure cancer, or unite mankind under peace. These people could have one day saved your own life. Instead, the people would rather gamble away human lives, in exchange for a "better lifestyle without a baby". LET ME TELL YOU SOMETHING. * Anyone with moral sense would feel digusted with the fact that these pro-abortionists actually feel justified to murder their own children, in order that they have a 'better' quality of life. IF YOU DO NOT WANT A CHILD…..DO NOT HAVE INTERCOURSE. Intercourse is MEANT to produce young and continue the species. We are NOT designed to frequently copulate and then kill off any unwanted babies. There are ANIMALS that have more moral sense than some humans, unfortunately. Animals do all they can, in order to continue the species. Yet 'man' would rather feel 'pleasure' at the expense of human lives. *

    * Editor's Note: Portions of this comment were removed because of the uncivil tone. The portions of the comment that brought up arguments civilly were retained, as were the comments responding to those arguments.

    It is very tough to have a civil dialog on these sensitive topics. It is much more so when a very few vitriolic voices contribute nothing but venom, engage no discussion, offer no new perspective.

    Where there is misinformation we should counter it and much of this site is filled with evidence-based information and reality-based experience. We understand that people disagree and we encourage civil discourse. Unlike the sites the promote only the anti-choice agenda that don't allow comments at all, we will continue to allow open commenting that is of a civil nature and that seeks to engage the debate, but we will delete without further explanation comments that threaten, demean, or decrease the civility of discussion.

  • invalid-0

    I’d punish jerks like you for getting in my private medical room. You won’t play dictator with my body, or anyone elses.

  • invalid-0

    ANti-MURDER. Oh, qualify that- except for pro- choice fellow humans. OOH, what about “untold numbers of innocent future human beings” that might happen to grow up to be pro-choice? Kill them retroactively too?
    HIPPOCRACY, dude.

  • invalid-0

    Yea, Yorick then becomes a threat to future humans and should be eliminated.. see where his logic goes?

  • invalid-0

    So, are you also anti birth control? That prevents the fertilization of an egg. Is sex that does not happen for reproductive reasons wrong? How sad. Hope your morals keep you warm at night. Tho it seems like its hate doing that.

  • http://www.modemac.com invalid-0

    “If you don’t want babies, don’t have sex.” Let’s clarify that: Don’t have sex with contaceptives, because that’s a sin. Don’t have sex before marriage, because that’s a sin. Don’t do deviant, blasphemous positions during sex, because that’s a sin…missionary position only. Don’t think pleasurable, sinful thoughts during sex, because that’s a sin. And most of all, don’t have sex EVER if you’re not going to have babies. Ya know, this is enough to make me just give up and go gay, because gay sex doesn’t produce babies…oh, wait, homosexuality is a sin. I give up, let’s just cut to the chase and admit that sex is bad, sex is evil, no one should ever have sex EVER. Okay then, I’ll just join the clergy and be celibate like all of those priests.

  • invalid-0

    A child is a human, a baby is a human. Of course. It is NOT murder to have a fetus still unable to live outside the womb removed. You act as if all the women who have abortions do so cavalierly, just so they won’t “be bothered” with a baby. Nothing could be further from the truth – and if you could get your head out of your radical, everything-is-black-and-white dogma, you would realize that for most women the decision to have an abortion is one of the most, if not THE most, difficult decision of their lives. It lives with them forever. But they may be in a completely untenable position – they may be unable to take care of that infant and child, they may be a victim of rape, date rape, incest. They may have a had a moment of youthful or drunken recklessness – and by doing so prove they are not ready to raise a child. They may be married and find that they and their husband simply can’t give another child the kind of life they know that child needs from them, and will diminish the quality of life of the child they already have, and so choose not to continue the pregnancy.
    Is you God so small that if He wanted a person, a soul, to be on this earth to find the cure for cancer, or get us to the stars, or unite humankind for peace, that soul would not come anyway? Would he/she not just come through some other mother – one who really wants that child and has the ability to raise it as a wanted, loved and cared for child? No soul who wants to come here is ever denied access and no soul who does not want to come here ever has to come. That’s my belief. Is God not that big and powerful? If we have free will, does that not extend to the “before life” and the “after life”. It does.
    And one other thing – intercourse is not, in humans, meant just for the propogation of the species. Human bodies, and especially women’s bodies, were designed for intercourse to GIVE PLEASURE to the participant. Pleasure is one of the two reasons for sexual intercourse. Humans are the only species not on a solar reproductive cycle. We are on a lunar reproductive cycle. There is a certain time during the month women are able to conceive – the rest of the month, pleasure only is the purpose of the genitalia.

    Keep abortion legal. Teach personal responsibility. Peace.

  • invalid-0

    There is an inconsistency with our abortion policy. Roe vs Wade is based upon a woman’s right to privacy. It doesn’t address the question of whether a fetus has rights or not, but assumes any possible rights are subserviant to a woman’s privacy.
    So why, then, is abortion only legal up to three months? Why does her privacy become void at this point? If we are going to allow abortion or outlaw it, I think it would be good to have a comprehensible basis for that choice.
    Some animals do practice abortion….if one wanted to model ourselves after nature. Indeed, some practice infanticide, as do some cultures. If we find this reprehensible, and want to ensure we don’t go there, we should be clear on why we go as far as we do.
    I advocate Ron Paul’s approach…let the states decide. Then we may see an evolution of a proper policy.
    (Some point to slavery as an example of states’s rights being a bad choice over Federal mandate. But as the Dred Scot case and Fugitive Act shows, the Feds supported slavery until the desire and power of northern states led to its demise.)

  • invalid-0

    (1) If you want to use the most technical definition of life, in addition to your own description – “Whatever develops into the baby is just as human as what comes after infanthood” – even gametes would fall under the protection of all human life. Masturbation and menstruation must therefore be considered halfababy murder.

    (2) If you feel that humanity’s value lies in the sequence of its DNA – not consciousness, not adaptability, not a capacity to love and be loved or to imagine and communicate, I think you’re the one who needs to rethink human dignity.

    (3) Aborted fetuses may have become serial killers or rapists just as easily as life-saving doctors. If their mothers had been forced against their will to undergo pregnancy and childbirth, the majority would likely not have the kind of loving, nurturing home environment that would foster the latter. In any case, the argument that we should force women to bring as many children into the world as possible with the hopes that ONE of them can fix things for us is as selfish as it is naive. It’s also just as much of an argument against menstruating as it is against abortion.

    (4) Let me tell YOU something: the meaning that you assign to your own sex life has no bearing on how I live my life or have my sex. Sex is pleasurable and can be an incredible bonding experience between individuals, and if I and my partner want to use it to that end, it’s not even remotely your business. My vagina is not yours or the government’s to use or to prohibit the use of. ¿Comprende?

    (5) Infanticide occurs pretty frequently in the animal kingdom, although that really has nothing to do with this conversation.

  • invalid-0

    Any vote or decisions made on abortion should ONLY be made by women. It is their bodies and they who have to go through the gestation and painful birth process. I continue to wonder how many sanctimonious and “Sunday Christians” deal with their own unplanned pregnancies, either with daughters or wives. It is only one more way men continue to enforce their “power” over women.

    • invalid-0

      Amen Toketee! Women could now be criminalized for having a menstrual period. 1/2 or more of all fertilized eggs a.k.a. persons are passed spontaneously in menstrual flow. I guess we must now save all our napkins and tampons for “Christian” burial. Not to mention, all sexually active women as well as Mother Nature could be charged with murder. Do any of these judges have any education, or does the CO legal bar have any educational standards?

  • invalid-0

    Thanks for your enlightening words. God so much is lost in understanding when we don’t hear the experiences of women who actually go through the procudure. Their experiences span the gamut: some do regret it, some don’t, often a mix of feelings, some don’t regret at all, some do it because normal birth control pills are a greater health risk for an particular individual woman. But I’m happy the pills work for most women. But any woman who chooses to protect her health is a responsible person, even if these obsessional moralists can’t break their addiction to imaginary commandments that fall away in face of the real world.

    And yes, I hope to learn to listen to a woman’s heart and mind, so I can give her pleasure ;)

  • invalid-0

    I think that you have spoken so much truth in such a strong and decisive way and I am thankful to hear that this thinking and speaking forth has seemingly come into accord with our ‘Creator’ who obviously “loves” his creation.
    Anyone couple, or woman alone, who has ever given birth, feels this love as it is translated from the Father in Heaven to Father and Mother on Earth.
    I applaud the beauty of this plan and I thank God.
    It would seem, better late than never to change even if I would question the (hidden motives) of this agenda.
    If it would make women murderers so that USA would imprison them, or give them the death penalty (would it not then defeat itself…an eye for an eye?) And where would the father of this (human) stand. Would he too be charged?
    And what about now that we are thinking of cloning chimeras
    (which is messing with our creators design) which we have been warned not to do. Would this then be a crime to destroy these creatures because there may be DNA of human which orginally was egg? Now which comes first, the human or the egg? Is this an agenda?
    It is not my intention to be a conspiricist.
    But I believe we have a Pandora’s box…
    It is sad that the ‘devil’ Lucifer, used abortion to get us to sacrifice our first born….and many there-after.
    Would children thereafter be taken from women who had in the past aborted a human egg?
    The agenda is to depopulate the world. There are drugs
    (Gardisil) that are being forced on female youth. Around the world many vaccines and ones that target women 14 to 44
    have mercury in them…..and this is being used in secret to sterilize women of 3rd world countries. I believe they will deceive us all if possible. Life is Precious. All life.
    Each and every unique finger-print that has entered this world is a ‘Treasure’
    And so too, our Constitution must remain in tact to protect these eggs, from the STATE.

  • invalid-0

    How can it be a human without fertilization and a heartbeat? Religion has clouded so many minds maybe it should be banned instead. The US is messed up.

  • invalid-0

    ONLY African-Americans should decide whether reparations for slavery should be paid, for how long, and how much, because they are the ones impacted by any lingering effects that may or do exist.

    ONLY WOMEN should decide…? Absolutely baseless. When men alone occupied the front lines of a war, and only men are drafted… then NO WOMEN should ever have a say in whether our nation goes to war. This is the sort of twisted logic that political correctness brain-massaging engenders. It sounds reasonable; it sounds fair and logical, bit it has no basis in logic or reason. Abortion LAWS are LAWS. WE THE PEOPLE decide the laws via elected representation within the legislature and through a judiciary (male and female) that applies, as much as possible, OBJECTIVE analysis under the Constitution.

    This idea that reasoned and rational judgment is equal to or superior to SUBJECTIVE (ie. “only women”) judgment is one curse of post-post-modernism on our present day. There is more than “Opinion”… there is sound, consistent reasoning, and that reasoning faculty, like the ability to think at all, exists in all of us.

    Christians believe that the history of the relationship between God and mankind is accurately detailed in the Bible. They believe that the lesson of that history is that God blesses those peoples and nations who abide in his commandments, and that those who do not abide in His will, are beyond His providence, and are vulnerable to destructive forces that lead to their peril. So, whether you believe it is foolishness or bunk, you might understand why Christians do not wish to have their nation endorse an law that seems to exterminate the most vulnerable in society. (Because they believe God will no longer bless the nation that does so.)

  • http://members.cruzio.com/~lionel/ invalid-0

    It’s about time.

    Fertilized human eggs have been denied freedom of speech and perhaps more importantly, freedom of assembly, by being unconstitutionally restrained within their mother’s bodies for too long!

    Even if they choose not to make use of their rights, at least they should be afforded the opportunity, as full citizens, to enjoy the protections offered by our Constitution.

    Speaking of protecting the Constitution…Ron Paul for President!

  • invalid-0

    So let me get this right, it’s perfectly alright to kill innocent babies with “smart bombs” but wrong for a woman to end a pregnancy with an abortion? It’s O.K. to advocate for the death of a women who choses an abortion but not for those who give the go ahead to destroy a country for it’s oil wealth? I think I know who needs the “…retroactive abortion”
    to bad yo’ mama, didn’t have a miscarriage.

  • invalid-0

    What is missed in the entire spectre of assigning status onto the egg and its various stages actually goes further than the myoptic goals of religious zealots. By allowing complete constitutional rights, freedoms, and protections you have given the green light to legal representation, medical intervention, and political abjectiveness on the behalf of the parasite within the woman.

    Now the arguments extend to whose rights prevail when the health of the woman or the parasite person within may be in jeopardy? Does the woman still maintain the right to eat her favorite foods? Will she be allowed to work, sleep, drive, exercise, or engage in activities that may be detrimental to the parasites best development scenario?

    The religious activist have won nothing, the supremes have solved nothing, and the iliterate voters in Colorado are once again going to prove that state mandated education fails everyone in America. You cannot write such a simple legal opinion and not even consider the possible outcome. When you capitulate to any special interest or politicize any scientific discussion you open the pandora’s box from hell.

    Oh and for the record this author is neither pro-choice, nor pro-life. This author does think the both religion and politics are evil when injecting opinion into factual scientific discussions.

    And to those who talk about the love of God and the beauty of religion to support the rule of law think about this for a moment. In this world there are over 6 billion people and among these 6 billion people there are at least 5.5 billion who have a different view of religion than those who call upon the Chritain God. So should we simply dimiss everyone elses opinion in favor of a small vocal group of fiction fans?

  • invalid-0

    Toketee Joe,

    It should not be “women” who make the decision, it should be “the woman” who is pregnant, and only the woman. If she wishes to allow others to have input, that is HER decision. If she does not want other’s input, that is also HER decision.

    If it is NOT your body, it is NONE of your business.

  • invalid-0

    Sex is not bad.
    Sin is an invention of man.
    fertilization is (sometimes)an unwanted and undesirable side effect of sex.

    If the child is wanted, great. It it is not, it is the woman’s decision, no one else’s.

    If it is not your body, it is none of your business.

  • invalid-0

    The decision of childbirth is too weighty a matter to be left in our hands…we women have never made good decisions regarding our relationships or our breeding..

    Men should decide which of us would make good mothers and nurturers for the species..

    excuse me… i must go clean the kitchen floor with my hair..

  • invalid-0

    NO!!!

    Women R da desiders of dat stuff

    ifs yous cheks da mops it be shoing we runz da howz.and da bedrooooom