Colorado Definition of "Personhood" Initiative, Amendment 67 (2014)

Amendment 67 Type Constitutional amendment Origin Citizens Topic Personhood & criminal law Status Defeated d

2014 measures November 4 Amendment 67 d Amendment 68 d Proposition 104 a Proposition 105 d Full text Polls Expenditures Local measures

The Colorado Definition of Person and Child Initiative, Amendment 67 was on the November 4, 2014 ballot in the state of Colorado as an initiated constitutional amendment, where it was defeated. The measure would have included unborn human beings under the definition of "person" and "child" in the Colorado criminal code. Although initiatives can be placed on the ballot in odd-numbered years in Colorado, reports stated that this measure's proponents were shooting for the 2014 ballot.

Personhood Colorado, the group behind the initiative, turned in over 140,000 signatures, surpassing the required threshold of 86,105 by a significant margin. On October 14, the Secretary of State's office confirmed that there were adequate valid signatures, securing a place for Amendment 67, also known as the "Brady Project", on the 2014 ballot.

Personhood Colorado said that Amendment 67 is very different from their attempts in 2008 and 2010, which both failed with over 70 percent of voters rejecting them. Amendment 67 focused on including fetuses in the Colorado Criminal Code and the Colorado Wrongful Death Act, while past attempts sought to simply change the definition of a person to include fetuses in all areas of law. Jennifer Mason, a spokeswoman for Personhood Colorado said, “This will be the first time that an amendment of this nature will be on the ballot in Colorado. This is a very different take on a sort of personhood amendment."

Election results

Below are the official, certified election results:

Colorado Amendment 67
Result		Votes	Percentage
d No		1,297,299	64.87%
Yes		702,544	35.13%

Election results via: Colorado Secretary of State

Text of measure

Ballot title

The official ballot question appeared as follows:

“

Shall there be an amendment to the Colorado constitution protecting pregnant women and unborn children by defining "person" and "child" in the Colorado criminal code and the Colorado wrongful death act to include unborn human beings?

”

Constitutional changes

See also: Article XVIII, Colorado Constitution

The following Section 17 would have been added to Article XVIII of the Colorado Constitution:

Section 17. Protection of Pregnant Mothers and Unborn Children 1. Purpose and findings. In 2009, Judges of the Colorado State Court of Appeals in People V. Lage 232 P.3d (Colo. App. 2009) concluded that: (a) "There is no definition of 'person' or 'child' of general applicability in the Criminal Code" (majority opinion by Judge Roy); and (b) "This is an area that cries out for new legislation. Our General Assembly, unlike congress and most state legislatures, has precluded homicide prosecutions for killing the unborn" (Judge Connelly concurring in part and dissenting in part). 2. Definitions. In the interest of the protection of pregnant mothers and their unborn children from criminal offenses and neglect and wrongful acts, the words "person" and "child" in the Colorado Criminal Code and the Colorado Wrongful Death Act must include unborn human beings. 3. Self executing, and severability provision. All provisions of this section are self-executing and are severable. 4. Effective date. All provisions of this section shall become effective upon official declaration of the vote hereon by proclamation of the governor pursuant to section 1(4) of Article V.

Background

"Brady Project"

The supporters and proponents of the proposed Amendment 67 called it the "Brady Project" or the "Brady Amendment" in honor of Heather Surovik's unborn child who was killed in a car accident in Surovik's eighth month of pregnancy. The driver responsible for the accident pleaded guilty to vehicular assault and driving under the influence, but he was not prosecuted for the death of the unborn "Brady" because under Colorado law a fetus is treated as part of the mother's body until birth. Personhood Colorado literature had this to say about the incident and the initiative: “A drunk driver killed Heather Surovik’s eight month old preborn son Brady but avoided prosecution because Colorado law doesn’t recognize Brady as a person. In honor of her son, Heather Surovik has initiated the Brady Amendment to recognize unborn babies as persons in law.”

Related legislation

House Bill 1032

House Bill 1032 was sponsored by Janak Joshi (R-16) and was supported by Personhood Colorado. Heather Surovik also testified in support of the bill recounting her own experience of losing her expected child in a car accident. HB 1032 claimed human rights for unborn members of the human species with respect to criminal actions and the Colorado criminal code. The bill was in committee when it was denied referral to the Committee on Judiciary and was tabled indefinitely in a 7-4 vote. All seven legislators that voted against the bill were Democrats while all four legislators that voted for the bill were Republicans.

House Bill 13-1154

Amendment 67 proponents did not approve of the competing "Crimes Against Pregnant Women" bill that was passed by the Colorado General Assembly. Unlike Amendment 67, the “Crimes Against Pregnant Women” bill specifically does not “confer personhood, or any rights associated with that status, on a human being at any time prior to live birth.”

The bill was sponsored by Mike Foote (D-12) and Pat Steadman (D-31). A summary of the bill is below:

“

The bill creates a new article for offenses against pregnant women. The new offenses are unlawful termination of a pregnancy in the first degree, unlawful termination of a pregnancy in the second degree, unlawful termination of a pregnancy in the third degree, unlawful termination of a pregnancy in the fourth degree, vehicular unlawful termination of a pregnancy, aggravated vehicular unlawful termination of a pregnancy, and careless driving resulting in unlawful termination of a pregnancy. The bill makes it clear that a court can impose consecutive sentences for a violation of this act and other associated convictions. The bill excludes from prosecution medical care for which the mother provided consent. The bill does not confer the status of "person" upon a human embryo, fetus, or unborn child at any stage of development prior to live birth. The bill repeals the criminal abortion statutes. The bill makes conforming amendments.

”

On June 5, 2013, Governor John Hickenlooper (D) signed the measure into law. The bill was passed according to the following final reading votes:

Senate

HB13-1154
Result		Votes	Percentage
a Yes		21	60%
No		14	40%

House

HB13-1154
Result		Votes	Percentage
a Yes		41	64%
No		23	36%

Support

Supporters

• Personhood Colorado
• Personhood USA
• A Voice for Brady

Arguments

Surovik said,

“

Brady was eight pounds, two ounces – he was a person! And Planned Parenthood and the media are trying to take the focus off of Brady, to ignore him to push their own agendas. Let me be clear: this amendment is about Brady, and his life, and justice for women who have suffered the tragedy that I have suffered."

”

A Voice for Brady responded to the question "Is the Brady Amendment necessary?" by saying,

“	In 2009, the Colorado Court of Appeals ruled that “this is an area that cries out for new legislation.” The court also pointed out that the Colorado “general assembly, unlike congress and most state legislatures, has precluded homicide prosecutions for killing the unborn.” The Brady Amendment is vitally important to expectant mothers and their unborn children in Colorado, serving as a deterrent to anyone who thinks that they can injure or kill an unborn child with minimal consequences.	”
—A Voice for Brady

Campaign contributions

Total campaign cash
Support:	$39,637.65
Opposition:	$2,882,047.22

The following campaign contribution totals for A Voice for Brady were current as of the committee's December 4, 2014, report.

PAC info:

PAC	Amount raised	Amount spent
A Voice for Brady	$39,637.65	$11,915.72
Total	$39,637.65	$11,915.72

Top contributors:

Donor	Amount
Colorado Right to Life	$19,734.65
Personhood	$12,500.00
Dee Waite	$6,608.00

Opposition

Opponents

Officials

• Rep. Mike Foote (D-12)

Organizations

• No Personhood Issue Committee
• 9to5 Colorado
• ACCESS Women's Health Justice
• Advocates for Youth
• Alliance for Sustainable Colorado
• All Families Deserve a Chance Coalition
• American Civil Liberties Union of Colorado
• American Civil Liberties Union - Boulder Chapter
• American Civil Liberties Union (National)
• American Society for Reproductive Medicine
• America Votes - Colorado
• Anti-Defamation League – Mountain States Region
• Boulder Abortion Clinic, P.C.
• Boulder Valley Women’s Health Center
• Catholics for Choice
• Citizens Project
• Colorado Academy of Family Physicians
• Colorado Bar Association
• Colorado Center on Law and Policy
• Colorado Coalition Against Sexual Assault
• Colorado Consumer Health Initiative
• Colorado GLBT Bar Association
• Colorado Medical Society
• Colorado Organization for Latina Opportunity and Reproductive Rights, COLOR
• Colorado Women’s Bar Association
• Colorado Youth Matter
• Columbine Unitarian Universalist Church
• Compassion & Choices Colorado
• Conservation Colorado
• Drug Policy Alliance
• Elephant Circle
• El Paso County Libertarian Party
• Feminist Majority
• Forward Together
• Iliff Seminaries for Reproductive Justice
• Jewish Community Relations Council (JCRC), a program of JEWISHcolorado
• Kentucky Health Justice Network
• League of Women Voters Colorado
• League of Women Voters Denver
• Moving to End Sexual Assault
• NAACP Colorado Montana Wyoming State Area Conference
• NARAL Pro-Choice America
• NARAL Pro-Choice Colorado
• NARAL Pro-Choice Oregon
• National Asian Pacific American Women’s Forum
• National Asian Pacific American Women’s Forum - Colorado
• National Abortion Federation
• National Advocates for Pregnant Women
• National Council of Jewish Women, Colorado Section
• National Family Planning and Reproductive Health Association
• New Era Colorado Foundation
• One Colorado
• Planned Parenthood Action Fund
• Planned Parenthood Federation
• Planned Parenthood of the Rocky Mountains
• Planned Parenthood Votes Colorado
• Physicians for Reproductive Health
• ProgressNow Colorado
• ProgressNow Colorado Education
• Religious Coalition for Reproductive Choice
• Religious Coalition for Reproductive Choice Colorado
• Religious Coalition for Reproductive Choice Kentucky
• RESOLVE: The National Infertility Association
• Rocky Mountain Conference, United Church of Christ
• Society for Assisted Reproductive Technology
• The Bell Policy Center
• The Colorado Section of the American College of Obstetricians and Gynecologists
• The Denver Chapter of Hadassah
• The Freedom Fund
• The GLBT Community Center of Colorado
• The Interfaith Alliance of Colorado
• The Women’s Collaborative for Colorado
• Unitarian Universalist Association, Mountain Desert District
• United Church of Christ Rocky Mountain Conference
• Vet Voice Foundation
• Women's Lobby of Colorado

Arguments

No Personhood Issue Committee's "Vote No on 67" campaign logo

Those who were opposed to Amendment 67 claimed that it was too similar to previous personhood definition attempts by the same group in 2008 and 2010, which were soundly rejected by voters. Opponents were concerned that this initiative might have provided a disguised way to take legal action against abortion practices.

No Personhood Issue Committee sponsored the "Vote No on 67" campaign against this measure. They provided the following three arguments against Amendment 67 on their campaign website:

“	Why Amendment 67 is Misleading and Has Far-Reaching Consequences: The measure expands the term person to include “unborn human being,” which has no established legal or medical definition, is not defined in the amendment, and would apply at all stages of pregnancy, including from the moment of fertilization. So once again we are giving legal and constitutional rights to a woman’s fertilized egg. Why Amendment 67 Goes Too Far: The measure would make any abortion a crime, would make pregnant women and health care providers criminally and civilly liable for any pregnancy that does not result in a live birth, regardless of the stage of pregnancy. How Amendment 67 puts the Government into Our Personal Private Lives: It would also outlaw any birth control options like the Pill, IUDs and emergency contraception, as they can prevent a fertilized egg from implanting in the uterus.	”
—No Personhood Issue Committee

Campaign contributions

The following campaign contribution totals for No on Personhood - Vote No 67 were current as of December 4, 2014.

PAC info:

PAC	Amount raised	Amount spent
No on Personhood - Vote No 67	$2,882,047.22	$2,081,343.34
Total	$2,882,047.22	$2,081,343.34

Top contributors:

Donor	Amount
Planned Parenthood Votes Colorado	$922,267.41
Planned Parenthood Federation of America	$525,000.00
Planned Parenthood of the Rocky Mountains, Inc	$434,030.00
American Civil Liberties Union of Colorado, Inc.	$256,114.98
NARAL Pro-Choice Colorado Foundation	$102,500.00

Media editorial positions

See also: Endorsements of Colorado ballot measures, 2014

Opposition

• The Pueblo Chieftan said,

“	In the past, Coloradans have rejected personhood amendments. This latest measure would be more restrictive than its predecessors due to its undefined language. And the wording could very likely expose the state to a cascade of expensive legal challenges that the taxpayers can ill afford. For these reasons, we vote no on Amendment 67.	”
—Pueblo Chieftan

• The Aurora Sentinel said,

“	Make no mistake, this measure has nothing to do with protecting the rights or health of women, and this has everything to do with usurping the medical privacy guarantees for women created by the U.S. Supreme Court Roe v. Wade decision...Plain and simple, Amendment 67 would bestow constitutional rights on fertilized human eggs, creating a labyrinth of medical and legal nightmares for women, hospitals and doctors. It’s a dangerous idea that even the most ardent critics of legalized abortion have worked previously to defeat.	”
—Aurora Sentinel

• The Denver Post said,

“	In redefining "person" to include "unborn human beings," the amendment could be construed to apply from the moment a woman's egg is fertilized. Birth control methods that work by preventing a fertilized egg from implanting in a woman's uterus would be outlawed. This is drastic, and Coloradans should vote this measure down the way they did similar efforts in 2008 and 2010.	”
—Denver Post

• The Sky-Hi News said,

“	Be that as it may, on its merits — or, more precisely, its lack thereof — Amendment 67 deserves to go down in flames. It would effectively ban all abortions, even in cases of rape, incest and when the mother’s life is in jeopardy. It would also restrict access to some forms of contraception. The amendment would expand the legal definition of “person” to encompass “unborn human being,” which would remain undefined, raising the specter that for legal purposes a “person” is created at the moment of conception.	”
—Sky-Hi News

• Steamboat Today said,

“	We see the amendment as a thinly veiled attempt to make abortion illegal in the state of Colorado, and we think it goes too far. A woman’s right to choose has been written into law and upheld since 1973 when the U.S Supreme Court made its landmark Roe v. Wade decision. Trying to reverse those laws with an amendment to the state constitution is not a direction we think Colorado should go, and once the state constitution is amended, the legislature is powerless to change it back. Amendment 67 is wrong for women and wrong for the state of Colorado. We encourage voters to look beyond the tragic death of an unborn child and see the truth behind Amendment 67 and vote no.	”
—Steamboat Today

• The Daily Camera said,

“	NO. Personhood amendments overbroad legal nightmares, in addition to being anti-science and anti-woman.	”
—Daily Camera

Polls

See also: Polls, 2014 ballot measures

Respondents to the Suffolk University Political Research Center poll were asked the following:

“

Amendment 67 is related to the definition of a person and a child and would amend the Colorado State Constitution. Shall there be an amendment to the Colorado constitution protecting pregnant women and unborn children by defining "person" and "child" in the Colorado criminal code and the Colorado wrongful death act to include unborn human beings?

”

Colorado Amendment 67 (2014)
Poll	Support	Oppose	Undecided	Margin of Error	Sample Size
Suffolk University 10/18/2014-10/21/2014	30.8%	55.4%	13.4%	+/-4.4	500
Note: The polls above may not reflect all polls that have been conducted in this race. Those displayed are a sampling chosen by Ballotpedia staff. If you would like to nominate another poll for inclusion in the table, send an email to editor@ballotpedia.org.

Path to the ballot

Colorado Constitution
Preamble
Articles
I • II • III • IV • V • VI • VII • VIII • IX • X • XI • XII • XIII • XIV • XV • XVI • XVII • XVIII • XIX • XX • XXI • XXII • XXIII • XXIV • XXV • XXVI • XXVII • XXVIII • XXIX • Schedule

See also: Laws governing the initiative process in Colorado & Amending the Colorado Constitution

Personhood Colorado, the group behind the initiative, turned in over 140,000 signatures, surpassing by a significant margin the threshold of 86,105 valid signatures required to qualify an initiated constitutional amendment or an initiated state statute. On October 14, 2013, the Secretary of State's office confirmed that there were adequate valid signatures, securing a place for Amendment 67 on the 2014 ballot. In Colorado, petitioners needed to obtain at least 86,105 valid signatures in order to place the measure on the ballot.

See also

• 2014 ballot measures
• Colorado 2014 ballot measures
• List of Colorado ballot measures

External links

Support

• A voice for Brady website
• Personhood Colorado website
• Personhood USA facebook page

Opposition

• Personhood Issue Committee campaign website (dead link), Facebook profile & Twitter feed
• Vote No on Personhood Amendment facebook page

Additional reading

• RH Reality Check, "Colorado Activists Rally Against Personhood USA-Backed Ballot Measure," July 23, 2014
• Colorado Independent Springs, "Personhood proponents back Joshi's bill," January 25, 2013