Mo. Judge Rewrites Summary Of Ballot Initiative To Ban Type Of Embryonic Stem Cell Research

Main Category: Stem Cell Research
Also Included In: Medical Malpractice / Litigation
Article Date: 25 Feb 2008 - 8:00 PDT

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On Wednesday, Cole County, Mo., Circuit Court Judge Patricia Joyce ruled that a ballot summary of an initiative to limit stem cell research prepared by Secretary of State Robin Carnahan (D) was "insufficient and unfair," the AP/St. Louis Post-Dispatch reports. According to the AP/Post-Dispatch, the judge effectively rewrote the language of the initiative's summary. The initiative would continue an existing prohibition on human cloning but would ban a particular kind of embryonic stem cell research, somatic cell nuclear transfer, which is allowable under a constitutional amendment narrowly approved by Missouri voters in November 2006.

According to the AP/Post-Dispatch, Joyce "largely adopted the language" suggested by the group Cures Without Cloning, which had filed a lawsuit challenging the summary and had drafted the proposed amendment (Lieb, AP/St. Louis Post-Dispatch, 2/20).

State voters in November 2006 approved a constitutional amendment that prohibits human cloning and that ensures stem cell research permitted under federal law is protected in the state, including somatic cell nuclear transfer. Somatic cell nuclear transfer involves removing the nucleus of an unfertilized egg cell, replacing it with the material from the nucleus of a "somatic cell" -- a skin, heart or nerve cell, for example -- and stimulating this cell to begin dividing in order to grow stem cells. The Cures Without Cloning proposal would define the ban on cloning to include stem cell research involving somatic cell nuclear transfer. Carnahan's original summary said the new language would "repeal the ban on human cloning or attempted human cloning to criminalize and impose civil penalties for some existing research, therapies and cures" (Daily Women's Health Policy Report, 10/24/07).

Joyce substituted language that would ask voters whether they want to "change the definition of cloning and ban some of the research as approved by voters in November 2006." It would also say that the measure is "prohibiting human cloning that is conducted by creating a human embryo at any stage from the one-cell stage onward." The judge also added a line proposed by sponsors that other stem cell research would be allowed.

Reaction

Cures Without Cloning Chair Lori Buffa said, "This ruling proves what we've said along: that our clear, concise initiative would prohibit human cloning and the taxpayer funding of human cloning in Missouri." Carnahan in a written statement said, "It's our job under the law to summarize initiative petitions, and the summary we prepared for this measure is fair and accurately reflects the underlying measure." The group Missouri Coalition for Lifesaving Cures said it is considering an appeal of Joyce's ruling and said it will launch a "vigorous campaign" urging voters not to sign the new initiative petition, the AP/Post-Dispatch reports. "We must not padlock the toolbox until we know what tools will help cure cancer, diabetes, Parkinson's disease, sickle cell anemia and spinal cord injury," MCLC chair Donn Rubin said in a written statement (AP/St. Louis Post-Dispatch, 2/20).

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