Will Colorado and North Dakota Voters Criminalize Abortion on Tuesday?

Will Colorado and North Dakota Voters Criminalize Abortion on Tuesday?

Will Colorado and North Dakota Voters Criminalize Abortion on Tuesday?

Using bait-and-switch strategies and confusing language, anti-choice advocates are trying to restrict access to safe, legal abortion.

Copy Link
Facebook
X (Twitter)
Bluesky
Pocket
Email

“Brady was a person. His life was worth defending.” So goes a campaign ad featuring a Colorado woman who miscarried after a drunk driver hit her in 2012. She was 8 months pregnant and had already settled on a name for the boy she expected to deliver soon.

Proponents of the personhood initiative on the ballot in that state, one of two nationwide that voters will consider Tuesday, say that’s all that Amendment 67 will do—ensure that people like that drunk driver are charged with a felony when a fetus dies in utero. To make the case, they argue that a fetus is a full-fledged human being under state law. But that’s where abortion rights advocates and others concerned with the health and wellbeing of women cry foul.

If a mass of cells that forms post-conception has rights, then any number of actions the person carrying it may take—from terminating the pregnancy to drinking a beer to being poor and lacking access to good prenatal care—open her up to prosecution. As Lynn Paltrow of National Advocates for Pregnant Women (NAPW) told Colorado Public Radio, “As soon as you empower state actors and others, including physicians and husbands, to act as if the fertilized egg, embryo, or fetus is already outside of the woman’s body, they can do almost anything they want to her.”

Even a miscarriage or stillbirth becomes an opportunity to criminalize a woman’s behavior. According to an anti-Amendment 67 document produced by NAPW and Colorado Organization for Latina Opportunity and Reproductive Rights (COLOR), the increased scrutiny allowed by such laws has led to nightmare situations. For example, that document reports:

A Louisiana woman went to the hospital when she had unexplained vaginal bleeding. Although she did not know that she had been pregnant, she was suspected of having had a stillbirth or secretly giving birth to a baby. She was jailed on murder charges for more than a year before medical records were obtained that showed she had suffered a miscarriage at 11 weeks of pregnancy.

A Utah woman gave birth to twins, one of whom was stillborn. Based on the claim that her decision to delay having recommended cesarean surgery caused the stillbirth, she was arrested for criminal homicide. She was only released after agreeing to plead guilty to a lesser crime.

Despite some Colorado advocates’ insistence that amendment 67 is about justice for the woman in the campaign ad and families in similar situations, anti-choice activists bankrolling and campaigning in support of the initiative admit that it could restrict access to abortion. As Jennifer Mason, communications director for Personhood USA, put it: “We have been very open that this amendment could affect abortion and this amendment does not make exceptions.”

Tuesday won’t be the first time Colorado voters are asked to vote on personhood. In 2008 and 2010, similar initiatives failed by a margin of 3-to-1. A recent poll suggests that just over a third of Coloradans will vote yes. Voters appear similarly split in North Dakota, where they'll decide on Measure 1, which aims to protect the “right to life of every human being at any stage of development.” A recent poll there shows that 39 percent of those polled said they would vote yes, 45 percent said they'll reject the measure, and 16 percent said they hadn't yet decided.

Robin Marty’s in-depth report on the North Dakota initiative offers a window into the confusion still swirling around it, given that it makes no mention of conception and its backers now refuse to use the word “personhood” in advocating for its passage. Karla Rose Hanson, a spokesperson for North Dakotans Against Measure 1, told Marty: "Because Measure 1 is so vague and poorly worded, it will lead to so many legal battles. It could lead to court battles on a variety of fronts — how it applies to end-of-life situations, how it applies to IVF, how it applies to abortion."

Anyone tracking how anti-choice advocates are working to ban abortion should keep their eyes on these states Tuesday. Through a mix of bait-and-switch campaign strategies and creative wordplay, families in Colorado and North Dakota could have their rights trampled at the ballot box.

Support independent journalism that does not fall in line

Even before February 28, the reasons for Donald Trump’s imploding approval rating were abundantly clear: untrammeled corruption and personal enrichment to the tune of billions of dollars during an affordability crisis, a foreign policy guided only by his own derelict sense of morality, and the deployment of a murderous campaign of occupation, detention, and deportation on American streets. 

Now an undeclared, unauthorized, unpopular, and unconstitutional war of aggression against Iran has spread like wildfire through the region and into Europe. A new “forever war”—with an ever-increasing likelihood of American troops on the ground—may very well be upon us.  

As we’ve seen over and over, this administration uses lies, misdirection, and attempts to flood the zone to justify its abuses of power at home and abroad. Just as Trump, Marco Rubio, and Pete Hegseth offer erratic and contradictory rationales for the attacks on Iran, the administration is also spreading the lie that the upcoming midterm elections are under threat from noncitizens on voter rolls. When these lies go unchecked, they become the basis for further authoritarian encroachment and war. 

In these dark times, independent journalism is uniquely able to uncover the falsehoods that threaten our republic—and civilians around the world—and shine a bright light on the truth. 

The Nation’s experienced team of writers, editors, and fact-checkers understands the scale of what we’re up against and the urgency with which we have to act. That’s why we’re publishing critical reporting and analysis of the war on Iran, ICE violence at home, new forms of voter suppression emerging in the courts, and much more. 

But this journalism is possible only with your support.

This March, The Nation needs to raise $50,000 to ensure that we have the resources for reporting and analysis that sets the record straight and empowers people of conscience to organize. Will you donate today?

Ad Policy
x