ACLU, Planned Parenthood Challenge Proposed Nevada 'Personhood' Ballot Measure

Main Category: Abortion
Also Included In: Women's Health / Gynecology;  Litigation / Medical Malpractice;  Pregnancy / Obstetrics
Article Date: 17 Nov 2009 - 4:00 PDT

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The American Civil Liberties Union and Planned Parenthood have filed a legal challenge to a proposed ballot measure that seeks to amend Nevada's Constitution to define people as "everyone possessing a human genome" from the moment of conception, the AP/Las Vegas Sun reports. The groups filed the suit on behalf of blogger Emmily Bristol, Las Vegas physician William Ramos and Sparks, Nev., pharmacist Mindy Hsu.

The suit, filed in district court in Carson City, Nev., argues that the description of the ballot measure's purpose is misleading and violates a law limiting referendum questions to a single subject. The plaintiffs are also challenging the measure on the grounds that it represents an entire revision to the state constitution, rather than a simple amendment, and therefore cannot be pursued through the referendum process.

"This broad-ranging initiative fails to inform voters that its passage would interfere with doctors' ability to treat life-threatening pregnancies, miscarriages and infertility, and eliminate a woman's right to make personal, private health care decisions," ACLU attorney Lee Rowland said.

Conservative activist Richard Ziser filed the ballot measure last month. In 1990, voters passed a referendum protecting abortion rights in Nevada and requiring that any changes to the law be made through a direct vote. Under current Nevada law, abortion is permitted until 24 weeks' gestation, after which the procedure is allowed to protect the life or health of the woman. Supporters of the ballot measure would need to gather 97,000 signatures from registered voters for the proposal to appear on the November in 2010 ballot. Voters would have to approve it during that election, as well as a second time in 2012, to change the state constitution (Chereb, AP/Las Vegan Sun, 11/13).

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