February 15, 2008

2007-2008 State-Level Personhood (and other selected) Legislation

- Including State-Level Personhood Bills and Constitutional Amendments

- AL, CO, GA, MT, SC, VA

Including: 1) only principled pro-life Personhood Bills [except in the case of Virginia, see below]; and
2) both, bills in the States' Legislatures, and Proposed State-Level Constitutional Amendments, all with NO EXCEPTIONS; i.e., declaring bona fide legal "Personhood" at fertilization or conception (any "exceptions" fatally undermine the legal concept of legal personhood, as expressed in the very text of the 1973 Roe v. Wade decision).

Updated February 14, 2008 ("abortion-ban" bills that do not mention persons, personhood are not included)

Alabama - HB 348
Type Bill: state-level life-at-conception/personhood bill: "Effective July 1, 2008, the laws of this state shall be interpreted and construed to acknowledge on behalf of the unborn child at every stage of development all the rights, privileges, and immunities available to other persons, citizens, and residents of this state, subject only to the Constitution of the United States and decisional interpretations thereof by the United States Supreme Court."

Colorado - Human Life Amendment
Type Bill: state-level personhood constitutional amendment by citizen petition

Georgia - HB 1
Type bill: state-level abortion ban bill; also asserts fetal personhood as legislative finding of fact

Georgia - HR 536
Type Bill: state-level personhood constitutional amendment introduced in Georgia General Assembly

Montana - HB 403
Type bill: state-level personhood constitutional amendment introduced in Montana Legislature

Montana - CI-100, the Montana Personhood Amendment
Type Bill: state-level personhood constitutional amendment by citizen petition

South Carolina - H.3284
Type bill: state-level personhood bill

South Carolina - S.313
Type bill: state-level personhood bill

Virginia - HB 2797
Type bill: state-level right to life at fertilization bill; does not assert legal personhood, but does assert:

"That life begins at the moment of fertilization and the right to enjoyment of life guaranteed by Article 1, § 1 of the Constitution of Virginia is vested in each born and preborn human being from the moment of fertilization."

[ Note: this Virginia bill asserts the constitutional right to life at fertilization for each "human being." ]

Prepared by: Columbia Christians for Life, PO Box 50358, Columbia, SC 29250 * (803) 765-0916 www.ChristianLifeandLiberty.net (click on "RTL Act of SC") / www.RighttoLifeActofSC.net


"Exceptions" to legal "personhood" are unconstitutional, as explained in the text of the 1973 Roe v. Wade decision, and in a Justice Blackmun footnote therein:

The 1973 Roe v. Wade decision stated that if legal "personhood" for the unborn is established, then the pro-abortion legal argument "collapses."

In the very text of the Roe v. Wade US supreme Court decision it states,

“[Texas] argue[s] that the fetus is a “person” within the language and meaning of the Fourteenth Amendment… If this suggestion of personhood is established, the [pro-abortion] case, of course, collapses, for the fetus’ right to life would then be guaranteed specifically by the [14th] Amendment.”

In other words, there never would have been legalized abortion under Roe v. Wade. But tragically, Texas had an “exception” which undermined their entire “personhood” argument. Justice Harry Blackmun wrote: [emphasis added]

“[ Footnote 54 ] When Texas urges that a fetus is entitled to Fourteenth Amendment protection as a person, it faces a dilemma. Neither in Texas nor in any other State are all abortions prohibited. Despite broad proscription, an exception always exists… But if the fetus is a person who is not to be deprived of life without due process of law, and if the mother's condition is the sole determinant, does not the Texas exception appear to be out of line with the Amendment's command? ...”

Roe v. Wade, 410 U.S. 113 (1973):

Right to Life Act of SC - news conference and "Jesus Christ is Lord of the Gates" pro-life rally - Jan. 17, 2006

Any "exceptions" to fetal personhood fatally undermines the entire "personhood" legal concept, just as it did in 1973. For over 35 years now, the pro-life movement has failed to achieve the goal of ending child-murder-by abortion by a state-level, statutory (or state-level constitutional amendment) declaration that pre-birth human beings are legal "persons" at fertilization, without exception.

The Right to Life Act of SC, in statutorily vesting legal “personhood” at fertilization for ALL human beings, satisifies the Roe formula published over 35 years ago.

The key legal issue presented in the very text of Roe, necessary to unravel the entire Roe framework, is statutorily vesting legal “personhood” at fertilization for ALL human beings. This would satisfy the Roe formula published 35 years ago.

The issue of legal “personhood” for ALL human beings, without exception, is a key to unlocking the 35 year old Roe v. Wade abortion enigma.

Either a "person" is a "person," or they are not. Either ALL pre-birth human beings are legal "persons" at fertilization, or they are not. There can be no "exceptions" to fetal "personhood."

The Saviour said, "... I will build My church; and the gates of hell shall not prevail against it."
Matthew 16:18

Steve Lefemine, pro-life missionary
dir., Columbia Christians for Life
PO Box 50358, Columbia, SC 29250
(803) 765-0916
http://www.christianlifeandliberty.net/ (click on "RTL Act of SC")
February 14, 2008

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