Definition of "Person"

buschwhaked · Sep 4, 2008

This is on the ballot here in Colorado as an amendment to our Constitution and I wanted to get your opinion on this. Oh, and does anybody see the potential legal problems this creates?

Amendment Question #48:

“Shall there be an amendment to the Colorado constitution defining the term
“person” to include any human being from the moment of fertilization as
“person” is used in those provisions of the Colorado constitution relating to
inalienable rights, equality of justice, and due process of law?”

http://www.coloradoforequalrights.com/files/initiativetext.pdf

JohnJohn · Sep 4, 2008

buschwhaked said:
This is on the ballot here in Colorado as an amendment to our Constitution and I wanted to get your opinion on this. Oh, and does anybody see the potential legal problems this creates?

Amendment Question #48:

“Shall there be an amendment to the Colorado constitution defining the term
“person” to include any human being from the moment of fertilization as
“person” is used in those provisions of the Colorado constitution relating to
inalienable rights, equality of justice, and due process of law?”

http://www.coloradoforequalrights.com/files/initiativetext.pdf

So far I have disagreed with all Colorado Constitutional amendments. I disagree with this one also. I think it's the wrong way to legislate.

buschwhaked · Sep 4, 2008

Agreed, and someone on Colorado4x4 pointed out that if this is true, a woman who is pregnant that goes skiing and falls causing a miscarriage could be charged with negligent homicide.

kujito · Sep 4, 2008

So, would a woman who miscarries be subject to manslaughter charges for ending the life of another "person"?

Edit: You beat me to the punch. Different examples, but same line of thinking.

JohnJohn · Sep 4, 2008

If a girl fakes that she is pregnant to get her boyfriend to marry her. Would that then be identity theft?

:looser:

kujito · Sep 4, 2008

Could that same skiing mom-to-be be charged with child endangerment for simply going skiing?

JohnJohn · Sep 4, 2008

So pregnant women could be charged with having two people behind the wheel of a moving car.

:looser:

I remember this being a story(real or fake) from California. Lady was pulled over for driving in the HOV lane. She got a ticket then claimed in court her unborn child was the 2nd person in the car. She got out of the ticket. A few days later she was pulled over in the HOV again and charged with having two people behind the wheel.

Probably fake, but funny

buschwhaked · Sep 4, 2008

What's scarier is you had 740,000 people who signed this petition.

GSequoia · Sep 4, 2008

My rule for Ballot Initiatives...

When in doubt vote no!

Ray H · Sep 7, 2008

So if a pregnant woman commited a crime and was sentenced to jail, would her unborn child also have to be sentenced as an accessory in order to send them both to jail?
Im not sure how you could instill the same rights to a fetus as you would to a child? There are so many things that just dont make sense about doing it that its just stupid.
On the other hand, in most states, if you kill or injure a pregnant woman and her baby dies, you are charged with two counts and in death penalty states, they wont put a pregnant woman to death. So there are cases where a fetus has some rights already.
I see this as a case where you can instill some rights but not all rights.
As far as abortion goes, I think the fetus shouldnt be aborted when it reaches a point of development when it wants to live (ie: it reacts to discomfort). I dont know off hand when that is, could be at conception, could be near to birth, doesnt really matter to me as long as it can show it wants to live.

Tom R. · Sep 7, 2008

Ray H said:
So if a pregnant woman commited a crime and was sentenced to jail, would her unborn child also have to be sentenced as an accessory in order to send them both to jail?

Yeah, like the fetus is developed enough to know better. Sheesh! :doh:

planefixer · Sep 7, 2008

I'll definately be voting against this ridiculous amendment.

Darky · Sep 8, 2008

Ray H said:
So if a pregnant woman commited a crime and was sentenced to jail, would her unborn child also have to be sentenced as an accessory in order to send them both to jail?
Im not sure how you could instill the same rights to a fetus as you would to a child? There are so many things that just dont make sense about doing it that its just stupid.
On the other hand, in most states, if you kill or injure a pregnant woman and her baby dies, you are charged with two counts and in death penalty states, they wont put a pregnant woman to death. So there are cases where a fetus has some rights already.
I see this as a case where you can instill some rights but not all rights.
As far as abortion goes, I think the fetus shouldnt be aborted when it reaches a point of development when it wants to live (ie: it reacts to discomfort). I dont know off hand when that is, could be at conception, could be near to birth, doesnt really matter to me as long as it can show it wants to live.

I can tell you that at 25 weeks, a fetus is a baby...We had a daughter born at 25 weeks (didn't survive) but she was a fully formed, tiny person. 12" long, 1lb in weight but all fingers and toes were there, all organs were there, etc.

Definition of "Person"

buschwhaked

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JohnJohn

Member #42

buschwhaked

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kujito

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JohnJohn

Member #42

kujito

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JohnJohn

Member #42

buschwhaked

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GSequoia

Everyone says I'm a jerk.

Ray H

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Tom R.

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planefixer

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Darky

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