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Mississippi Initiative 26, Definition of Person Amendment (2011)
| Mississippi Initiative 26 | |
|---|---|
 | |
| Election date November 8, 2011 | |
| Topic Abortion | |
Status Defeated | |
| Type Constitutional amendment | Origin Citizens |
Mississippi Initiative 26 was on the ballot as an indirect initiated constitutional amendment in Mississippi on November 8, 2011. It was defeated.[1]
A "yes" vote supported amending the state constitution to include "every human being from the moment of fertilization, cloning or the functional equivalent thereof" in the definition of person. |
A "no" vote opposed amending the state constitution to include "every human being from the moment of fertilization, cloning or the functional equivalent thereof" in the definition of person. |
Overview
Initiative 26 proposed adding language to the Mississippi Constitution that included "every human being from the moment of fertilization, cloning or the functional equivalent thereof" in the definition of "person."[2]
Election results
|
Mississippi Initiative 26 |
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|---|---|---|---|---|
| Result | Votes | Percentage | ||
| Yes | 367,991 | 42.37% | ||
|
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500,459 | 57.63% | ||
Text of measure
Title
The proposed measure, also known as Initiative 26, read:[3]
Should the term 'person' be defined to include every human being from the moment of fertilization, cloning, or the equivalent thereof?
Summary
The official ballot summary of the measure read:
- "Initiative #26 would amend the Mississippi Constitution to define the word 'person' or 'persons', as those terms are used in Article III of the state constitution, to include every human being from the moment of fertilization, cloning, or the functional equivalent thereof."
Fiscal note
According to the Mississippi Legislative Budget Office's fiscal analysis:
- There is no determinable cost or revenue impact associated with this initiative.[4]
Constitutional changes
The measure would have amended Article III of the Mississippi Constitution by adding a new section to read:[4]
|
Support
Supporters
Officials
- Gov. Haley Barbour (R)
- Lt. Gov. Phil Bryant (R)
- Attorney General Jim Hood (D)
Candidates
- Steve Simpson (R) - Attorney General Candidate
Organizations
- Catholic Social and Community Services Inc.
- Personhood USA
- The American Life League
- The Christian Medical and Dental Associations
Arguments
Opposition
Opponents
Unions
- American Congress of Obstetricians and Gynecologists, MS Section
- Mississippi Nurses Association
- Mississippi State Medical Association
Organizations
- Mississippi Coalition for Citizens with Disabilites
- Mississippians for Healthy Families
- National Advocates for Pregnant Women
- Planned Parenthood Votes
- RESOLVE: The National Infertility Association
- Religious Coalition for Reproductive Choice
- The Stem Cell Action Coalition
Arguments
Media endorsements
Support
Ballotpedia did not identify any media endorsements in support of the amendment.
Opposition
- The Clarion-Ledger wrote in an editorial about the measure: "...it will drive up the costs of Medicaid, Medicare, health insurance, medical malpractice insurance - all of which are already heavy taxpayer burdens. Does Mississippi want to be the state with the most draconian anti-abortion laws regardless of all this? Citizens should vote "no.""[5]
- The Enterprise-Journal commented in an editorial: "The debate over Amendment 26 in the medical community almost certainly will not affect the outcome of the Nov. 8 referendum. It’s going to be approved. The idea of banning or strictly limiting abortion is generally good. However, as the doctors’ concerns indicate, the issue simply is not as black-and-white as it seems."[6]
- The New York Times issued an editorial opinion opposing Initiative 26, stating: "This extreme measure would protect zygotes at the expense of all women while creating a legal quagmire — at least until the courts rule it unconstitutional, as they should."[7]
Polls
|
- See also: Polls, 2011 ballot measures
Public Policy Polling released poll numbers on November 7, 2011. The poll was taken of 796 voters between November 4-6.[8]
| Date of Poll | Pollster | In favor | Opposed | Undecided | Number polled |
|---|---|---|---|---|---|
| November 4-6, 2011 | Public Policy Polling | 45% | 44% | 11% | 796 |
Path to the ballot
- See also: Mississippi signature requirements
Initiative filing in 2011
When introducing a citizen-initiated ballot measure in the state, the first step is to file a typewritten copy of the proposed initiative with the Mississippi Secretary of State. The sponsor has the authority to accept or reject any of the recommendations from the Revisor of the Statutes, who receives the initiative from the secretary. The Attorney General will then draft the ballot title (not exceeding 20 words) and the ballot summary (not exceeding 75 words). The Attorney General will file both the title and summary with the Secretary of State, who will then notify the sponsor by certified mail of the exact language in the ballot title and summary. Once the ballot title and ballot summary have been finalized, the sponsor may begin collecting signatures.
Circulation
- See also: Signature requirements in Mississippi
To qualify for the ballot, its supporters must have garnered about 89,284 valid signatures. According to Mississippi law, the number of signatures collected must be greater than 12% of the total number of votes cast for Governor in the last gubernatorial general election. Mississippi also has a distribution requirement: 20% from each of the five congressional districts.
Signature filing and verification
On February 4th, the group said they had collected more than 85,000 signatures and were "on track to have enough registered voters signed up." On February 16 supporters filed approximately 130,000 signatures with 105,167 signatures certified as valid by 82 different county circuit clerks.[9][10]
On April 1, 2010, Secretary of State Delbert Hosemann said his office certified 106,325 signatures, exceeding the minimum requirement of 89,285 signatures to qualify for the ballot. The measure was referred to state lawmakers who had the option to draft a competing proposal.[11][12][13][14]
Legislative review
The measure was an indirect initiated constitutional amendment, which meant that it was proposed by citizens through initiative and did not go immediately to the ballot after a successful petition drive to collect sufficient valid signatures. Rather, once the signatures were collected, the amendment that the citizens proposed must first be submitted to the state legislature for consideration. Only after the state legislature considered and possibly also taken a limited range of options that may affect the amendment does it go on the statewide ballot for consideration by the voters. The measure was placed on the ballot.
Lawsuit
| 2011 measure lawsuits |
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| By state |
| California • Colorado• Illinois Mississippi • Missouri Nebraska • Ohio • Texas Washington |
| By lawsuit type |
| Ballot text Campaign contributions Constitutionality Motivation of sponsors Petitioner residency Post-certification removal Single-subject rule Signature challenges Initiative process |
On July 15, 2010, Jackson Attorney Robert McDuff filed a lawsuit against the state of Mississippi on behalf of two Lafayette County residents, Deborah Hughes and Cristen Hemmins.[15][16]
In a statement, McDuff said, "This lawsuit is brought to preserve Mississippi's Bill of Rights. This Initiative specifically attempts to modify the Mississippi Bill of Rights by changing the word "person" to include a fertilized egg. Like the Bill of Rights to the United States Constitution, the Mississippi constitution states that 'the initiative process shall not be used...for the proposal, modification or repeal of any portion of the bill of rights of this constitution.'" McDuff argued that the change could lead to government interference in the doctor-patient relationship and could lead to numerous lawsuits against physicians. Steve Crampton, an attorney for the Liberty Counsel and a proponent of the proposed measure, said McDuff's arguments were speculative.[17][15]
In response to the lawsuit, Personhood Mississippi's Les Riley, the sponsor of the amendment, said, "This is clearly a preposterous lawsuit, intended to interfere with Mississippi citizens’ right to vote, and to protect Planned Parenthood’s abortion cash cow. Planned Parenthood and the ACLU are seeking to protect Planned Parenthood’s one billion dollar a year profit, while Mississippi voters are seeking to protect innocent life. We intend to fight this suit, defending our rights as Mississippi voters and the most basic right of preborn children, the right to life."[18]
Secretary of State Delbert Hosemann, the defendant in the case, said he supported the proposed amendment. In reaction to the lawsuit, Hosemann said, "I believe Mississippians do have the right to amend their laws and the constitution by the initiative process followed by an open vote of the electorate. I think that’s what the Legislature intended."[17]
On October 26, 2010, a Hinds County judge cleared the measure for the 2011 ballot. Judge Malcolm Harrison ruled that the initiative should appear on the ballot because supporters collected the required signatures and the constitution recognizes the right of citizens to change the state constitution.[19][20]
On April 2011, the ACLU and Planned Parenthood filed an appeal with the Mississippi Supreme Court against the measure, hoping to strike the proposed amendment from the ballot.[21]
In September 2011, the Mississippi Supreme Court denied the request to remove the measure from the ballot. In a court ruling, the high court stated: "Just as this Court cannot prohibit legislators from offering proposals in the House or Senate, this Court cannot impede voters from submitting proposals through the voter initiative process."
Mason claimed after the ruling: "We believed that the Court would uphold the rights of Mississippi voters, and we are thankful that they have done so. Mississippians volunteered thousands of hours of their time to ensure that voters would have the right to vote on this prolife amendment, and their voices should be heard. Amendment 26 sends a prolife message to the rest of the United States -- babies in the womb are people, and have the right to live."[22]
According to Alexa Kolbi-Molinas, an ACLU attorney on the case: "We didn't lose on the merits of the case, but what's disappointing is that it means the measure does go on the ballot that could later be held unconstitutional."[23]
See also
External links
Footnotes
- ↑ Wyoming Secretary of State, "Initiative and Referendum Summary," accessed September 16, 2015
- ↑ Jackson Clarion-Ledger, "Lt. Gov. Bryant leads anti-abortion effort," January 17, 2010
- ↑ Mississippi Secretary of State, "Sample Official Election Ballot," accessed September 19, 2011
- ↑ 4.0 4.1 Secretary of State, "Initiative #26 Brocure," accessed August 18, 2011 (dead link)
- ↑ Clarion Ledger, "Personhood: Initiative bad policy," October 14, 2011
- ↑ The Sun Herald, "Personhood amendment ‘is bad for the practice of medicine’," October 16, 2011
- ↑ "The New York Times," "The Personhood Initiative," accessed October 28, 2011
- ↑ Public Policy Polling, "Toss Up on Mississippi ‘Personhood’ Amendment," November 7, 2011
- ↑ Associated Press,"'Personhood' initiative filed," February 17, 2010
- ↑ Clarion Ledger,"'Life' definition petitioned," February 17, 2010
- ↑ Sun Herald, "State will vote on abortion amendment," April 1, 2010
- ↑ One News Now, "Personhood earns spot on 2011 ballot in MS," February 24, 2010
- ↑ Associated Press, "Lawsuit filed by fetus rights group," February 4, 2010
- ↑ One News Now, "States gain support in 'personhood' battle," February 16, 2010
- ↑ 15.0 15.1 WLBT, "Lawsuit filed against state targets "Personhood" initiative," July 15, 2010
- ↑ One News Now, "Vote on 'personhood' faces challenge," June 19, 2010
- ↑ 17.0 17.1 Associated Press, "Suit seeks to block Miss. ‘personhood’ initiative," July 16, 2010
- ↑ MarorityinMS.com, "Personhood Miss. Responds To Lawsuit," July 16, 2010
- ↑ WJTV, "Controversial Anti-Abortion Initiative On Next Year’s Ballot," October 26, 2010
- ↑ Clarion Ledger, "Judge OKs Mississippi anti-abortion initiative for '11 ballots," October 26, 2010
- ↑ Christian Newswire, "Planned Parenthood Ignores Fetal Pain; Goes After Personhood Amendments," April 21, 2011
- ↑ Earned Media, "Mississippi Personhood Amendment Wins Supreme Court Battle Against Planned Parenthood and ACLU," September 8, 2011 (dead link)
- ↑ IBTimes.com, "Mississippi Court Clears Referendum that Would Ban All Abortions," September 13, 2011
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