North Dakota

Personhood Leader: 'The Statewide Personhood Ballot Measure Is Dead For Now'

Gualberto Garcia Jones, the prominent anti-choice activist who drafted all three losing “fetal personhood” ballot measures in Colorado, is calling on his movement to abandon state-level ballot initiatives in favor of local initiatives that might have a better chance at passing.

Jones’ post-election analysis is likely to exacerbate an already bitter split within the personhood movement. Jones, who previously worked for the Colorado-based Personhood USA — which is dedicated to pushing state-level initiatives — recently defected to the newly created Personhood Alliance, a network of “personhood” groups that announced before the election that it would be pursuing a local-level strategy. Although Personhood USA at first supported Personhood Alliance, it soon distanced itself, accusing the new group of infringing on its territory.

In an article on Friday for LifeSiteNews, Jones followed up on his prediction that last week’s elections would “either collapse or ignite” the personhood movement. Huge losses on personhood amendments in Colorado and North Dakota, he wrote, mean that statewide ballot initiatives “dead for now.” Rather than fighting for personhood at the state level, Jones wrote, the movement should start “engaging the enemy in municipalities and counties that we know we control.”

The rest of conservative America may be celebrating, but for the Personhood movement, it is time for some sober analysis.

Tuesday’s election results were certainly not good for pro-abortion Democrats, but they were even worse for the Personhood movement. I have to admit that my own predictions were off and I am sorely disappointed.

After the defeat of Measure 1 in North Dakota by an unexpectedly wide vote of 64-36 and of the Brady Amendment in Colorado by an almost identical margin of 65-35, it isn’t an overstatement to say that the statewide personhood ballot measure is dead for now.

Had the Brady Amendment performed just a little better and the North Dakota amendment passed or been close to passing, then the claim could be made that the movement was growing and that there was a realistic chance of passing a personhood amendment in another state in the near future. As it is, the crushing defeat of the North Dakota amendment and the lackluster improvement in Colorado should make Personhood supporters stop to think about the strategy going forward.

Thoughtful reconsideration of the strategy of the Personhood movement is what the movement needs right now.

It should be noted that the same goes for the entire pro-life movement. The narrow victory of the Tennessee amendment that safeguards the right to legislatively address abortion, is a victory, but the bar is set painfully low.

These initial years of the personhood movement have taught us a lot. I believe that we now know how to fight to win against Planned Parenthood. And the key is being able to control the battleground.

When you look at electoral maps of the country, it is readily evident that majorities in almost every metropolitan area of the country are opposed to our worldview. These metropolitan areas are also the major media centers and accumulate large percentages of the voting population in every state.

Right now, fighting the abortion industry at the state level is akin to having lined up a battalion of colonists against the well-trained and well armed redcoats. We need to start engaging in more asymmetrical tactics, and this means engaging the enemy in municipalities and counties that we know we control.

This can be done at the legislative and political level, as Georgia Right to Life and other groups have done by the endorsement of state officials, or it can be done by engaging in municipal ballot measures.

Local laws deal with many powers that touch upon the personhood of the preborn, from local health and building codes to local law enforcement such as child abuse prevention. It is time to establish the recognition of universal human personhood into these laws.

Why Tennessee's Anti-Choice Measure Won, While Colorado's And North Dakota's Went Down In Flames

Yesterday, voters in Tennessee approved a ballot measure amending the state constitution to remove all legal protections for abortion rights, paving the way for state lawmakers to pass broad abortion restrictions. At the same time, voters in Colorado and North Dakota overwhelmingly rejected “personhood” measures that would have given the full rights of citizenship to zygotes, thereby criminalizing all abortion along with some forms of birth control. In Colorado, where the nation’s foremost personhood advocacy group is based, it was the third time such a measure had been rejected by voters.

Yesterday’s results are the product of a split among the anti-choice movement about how to achieve the goal of criminalizing all abortions. While most of the movement shares this end-game, its leaders are bitterly divided over the best strategy to achieve it.

The nation’s largest and best-funded anti-choice groups, including National Right to Life, Americans United for Life and the Susan B. Anthony List, favor an incremental approach to chipping away at the protections guaranteed in Roe v. Wade. The incremental strategy has had tremendous success in recent years as measures on the state level have forced scores of abortion clinics to shut their doors. Women in Cincinnati, for instance, still have a legal right to an abortion. But thanks to a recent law aimed at shutting down abortion providers, they may soon lose access to the city’s only clinic that provides the service.

And even in North Dakota, although zygotes won’t be given the legal rights of people (at least for the time being), anti-choice activists are targeting the state’s sole abortion provider, which was struggling to keep its doors open and was recently banned from administering medical abortions.

The personhood movement is angry at mainstream anti-choice leaders for being willing to accept “compromise” legislation that includes exceptions for survivors of rape and incest. But it also thinks that the incremental strategy won’t work. Instead, personhood advocates seek to take advantage of a loophole in Roe v. Wade by which, they believe, if a zygote or a fetus is defined by law as a legal person, Roe’s abortion protections will fall. Groups pushing the so-far unsuccessful personhood ballot measures have allies in this strategy in some far-right judges, most notably on the Alabama Supreme Court, who are trying to build a legal framework for undermining Roe.

On the electoral level, the personhood strategy’s biggest flaw may be it is just too honest about the goals of the anti-choice movement. While Americans are fairly evenly split between those who call themselves pro-choice and those who choose the label pro-life, 70 percent want to keep Roe v. Wade and only 24 percent want to overturn it. Americans have muddled views about circumstances under which they think abortion should be legal, but know that they don’t want it to be completely criminalized.

Groups like Americans United for Life and the Susan B. Anthony List know this and have stayed far away from personhood measures. When a Mother Jones reporter asked AUL for a comment on North Dakota’s measure, a spokeswoman replied, “AUL does not handle personhood issues.”

But other national groups have supported these measures. While National Right to Life’s affiliate in Colorado opposed that state’s measure , saying it would be “immediately overturned in court,” the national group’s North Dakota affiliate backed its state’s even more extreme measure. And while Colorado Republican senator-elect Cory Gardner ran away from the personhood issue, both of North Dakota’s senators supported the ballot measure in their state. The Family Research Council’s North Dakota affiliate also got behind the measure in its state, along with the state chapter of Concerned Women for America and the North Dakota Catholic Conference.

And despite the unpopularity of their bills at the ballot box, personhood advocates still have a strong hold in Congress, where “life at conception” bills have 22 sponsors in the Senate and 133 in the House.

But in the end, even as anti-choice Republicans won handily in Colorado and North Dakota, the personhood measures went down in flames, leading the proponents of the Colorado proposal to rejoice that they at least lost less badly than they had in the past.

The victory of the measure in Tennessee — which will allow legislators to broadly cut off access to abortion rights without explicitly criminalizing abortion — shows that, for now, the incrementalists’ strategy is winning. Even voters in dark-red states like North Dakota can’t stomach a bill that outright criminalizes all abortions. But the anti-choice movement’s strategy to approach the same goal through different means is, so far, working.

Dakotans File Suit, All Fifty States Now Have Either Marriage Equality or a Legal Challenge in Progress

First we heard from South Dakota on May 22, where Rosenbrahn v. Daugaard has been filed on behalf of six couples. Two weeks later, on June 6, Newville was back in court putting the last state on the board by filing Ramsay v. Dalrymple on behalf of seven North Dakota couples.
PFAW Foundation

Marriage Equality Now Law in 19 States, Only 2 Bans Remain Unchallenged

On Monday Oregon became the 18th state added to the win column when Judge Michael McShane struck down its ban on marriage for same-sex couples. Then on Tuesday Judge John Jones issued a similar ruling in Pennsylvania, followed Wednesday by the news that Governor Tom Corbett won't appeal – make that 19! Wednesday also brought the filing of a marriage equality lawsuit in Montana.
PFAW Foundation

Attend a Rally to Save the American Dream this Saturday!

Events have been organized in cities and state capitols across the nation to show solidarity with workers in Wisconsin. Find the event or events nearest you.
Share this page: Facebook Twitter Digg SU Digg Delicious