André Says ....
In the States
Wisconsin state Rep. André Jacque (R-De Pere), hopes to write personhood for the unborn in to the state constitution.
Mark Maley explains:
“The personhood amendment seeks to end abortion in Wisconsin, not to regulate or restrict it,” Matt Sande, Pro-Life Wisconsin's director of legislation, said in a statement. “It seeks to end all violence toward preborn children in Wisconsin – surgical, chemical, experimental, etc. – at all stages of development. If we are to be truly just as a people, our civil law must recognize and protect all human beings as ‘persons.’"
Jacque's proposal would add language to the Constitution that says: "As applied to the right to life, the terms 'people' and 'person' shall apply to every human being at any stage of development."It also would remove the word "born" from the phrase "all people are born free and independent" in the Constitution.
Interestingly—or perhaps not—Jacque's proposed amendment runs into the central question of what happens to a woman's rights when she becomes pregnant. The language of
the amendment diregards the issue entirely, leaving unresolved the question of women as people.
Wisconsin joins several other states in pursuit of personhood constitutional amendments. North Dakota has passed such a law, and a movement is under way in Iowa. Still, though, state Sen. Glenn Grothman (R-West Bend) suggests, "The bill didn't go anywhere last year and I wouldn't expect it to go anywhere this year."
As a matter of procedure, amending Wisconsin's constitution can be tough; the amendment must pass both houses of the legislature in two consecutive sessions, and only then can it be put in front of voters. Meanwhile, Wisconsin Right to Life, said to be the state's largest anti-abortion operation, has declared its opposition, suggesting the amendment could work in favor of the pro-choice argument.
Wisconsin is one of the few states to have a law on the books that bans abortions. Although that law has been rendered unenforceable by court rulings, Jacque and other abortion opponents hope to see it automatically revived if the U.S. Supreme Court reverses Roe v. Wade, the Journal Sentinel reported.
However, Wisconsin Right to Life says a personhood amendment would make the law that prohibits abortion invalid.
The group also says enacting the law could cost up to $4 million and it would be likely challenged in court.
"Supporting a costly effort like a personhood amendment, which is risky and unnecessary, has the very real potential of causing more harm than good," the group says on its website.
However, Pro-Life Wisconsin and Jacque say the amendment would not invalidate the existing law, and cite an analysis by the Wisconsin Legislative Council, a nonpartisan state agency, which says the the current law "appears to complement rather than conflict with the proposed constitutional amendment."
The
amendment text:
SECTION 1. Section 1 of article 1 of the constitution is amended to read:
[Article I] Section 1. All people are born equally free and independent, and have certain inherent rights; among these are life, liberty and the pursuit of happiness; to secure these rights, governments are instituted, deriving their just powers from the consent of the governed. As applied to the right to life, the terms "people" and "person" shall aply to every human being at any stage of development.
Be it further resolved, That this proposed amndment be referred to the legislature to be chosen at the next general election, and that it be published for three months previous to the time of holding such election.
So, yes, here comes the usual rhetoric. IUD, hormonal birth control, IVF, and embryonic research will all be on the block. And as
Rachel Maddow noted of the recent Ohio anti-abortion ambush:
Ohio Republicans and John Kasich also in the budget decided to redefine the word "pregnancy" in that state. Now by decree, from Republican Governor John Kasich and the Republicans in the Ohio state legislature, your pregnancy begins even before implantation of a fertilized egg in the uterine lining.
Since several forms of popular birth control work by stopping implantation in the uterine lining, the Ohio state budget now essentially says, hey, you want an IUD or want to be on birth control pills? That means you want an abortion. And now, of course, there's a mandatory ultrasound before you can do that, followed by the speech from your doctor that your doctor doesn't have a choice about.
I mean, under this bill, under the letter of this new law, Ohio women might conceivably need to get a mandatory ultrasound by order of the state just so you can keep your birth control pills. The birth control, the IUD, the birth control pill you've been on forever, now mandatory ultrasound? That's how the law is written.
Nobody knows for sure if they really freaking mean that or if they have considered that implication of the change in the definition of the word "pregnancy" that they put in the state budget. Nobody knows if that's what they really meant because they never debated it. Never came up. There was no debate. So, nobody got to ask questions. Nobody ever had to explain themselves.
The same questions loom over Wisconsin.
It is always funny to me when people purporting to play a moderate role in this issue try to convince us that these sorts of concerns are somehow extreme. For all the opportunities conservatives have had over the years to clarify that they don't really mean banning hormonal birth control, intra-uterine devices, or IVF and other embryonic research, they simply refuse to.
And in this Wisconsin push, we see the same problem of enforcement; perhaps one thinks it is extreme to worry about the implications of miscarriages and irregular menstrual cycles, but
this is how the law is written. And they've been doing it this way for years; they've had plenty of opportunities to fix this rhetorical shortcoming. That they have not undertaken that repair is very, very suggestive, if not outright indicative. The only way out is to admit that these laws never were about fetuses. The only way out is to accept that these laws always were about putting women back in their imagined proper place.
Trust him: André may not be a woman, but he knows what's best for women. Even better than women.
What does that mean? How does that work? Well, note the Jacque Amendment: "As applied to the right to life". This does not pertain to liberty or pursuit of happiness. Only life.
To the one, they're not really recognizing the unborn as "people", merely changing a definition in order to suit politics while refusing medical science. This is desperately cynical and political; it hasn't a damn thing to do with the fetuses, as we see by the fact that over a hundred thousand former fetuses in this country are left without proper homes or families, and these political activists and officeholders don't
really want to "think about the children".
To the other, we'll see whether and who they start prosecuting for negligent homicide in cases of miscarriage. Certainly, some shouldn't be prosecuted, but others are certainly exposed. And as we've seen how conservative jurisdictions treat fetal homicide laws—ostensibly passed to protect pregnant women against domestic abuse and other violence but primarily and nearly exclusively deployed against women with mental health, addiction, or other issues of dysfunction—there is no reason to expect that this arbitrary standard of preborn "personhood" will follow a peculiarly independent path.
Furthermore, anti-abortion activists are making the same mistake Gov. Phil Bryant and fellow Republicans made in Mississippi when they proudly touted that their trap-law package was intended to end abortion in the state.
See, normally the activists and politicians couch their language somewhat, crafting sound bites about protecting women's health. You know, like,
this isn't really about stopping abortion but making sure women who need such services get proper treatment and care. But Bryant and his cohort gleefully announced publicly that their law, which, like the Ohio package, included the admitting privileges paradox°, was intended to end the practice of abortion in Mississippi. And, yes, the federal judge who blocked the law included that in his decision. Certes, the idea that Pro-Life Wisconsin's legislative director should say, "The personhood amendment seeks to end abortion in Wisconsin, not to regulate or restrict it", is hardly the same as if he was one of the elected officials making it happen, but he certainly isn't helping the legal standing of the law after it is passed, signed, and hauled into court.
We see how low these people are willing to go. We've seen Republicans at the state level sack everything the national party wants people to believe: intrusive government, deceptive legislation, deliberate rushes to avoid scrutiny, and now they are celebrating publicly their commitment to passing unconstitutional laws without even a whiff of noble pretense.
And this is the problem:
For all they wail that "children" aren't being heard in the abortion debate, one cannot help but notice the invisibility of women in the anti-abortion outlook.
Rep. Jacque and Mr. Sande can certainly tell women that nobody is thinking of the organisms growing inside them. You know, hush now, the men are speaking. But it's quite easy to say something like that about a circumstance one will
never encounter in their own life.
And they're doing this all for what? To smack it to women like they deserve? Don't tell me this is about dignity; we see how good those folks
aren't with the children once they're alive. And don't even try to tell me this is
for women, since they're nothing more than boarding houses for newly-classified "people".
Oh, wait. They're not even that; after all, they're not paying for the room and board.
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Notes:
° admitting privileges paradox — It's a popular trap for TRAP laws. Under the guise of ensuring proper care for women, the law demands that abortion providers have admitting privileges to a nearby hospital. The problem there is that abortion providers cannot usually get admitting privileges because abortion is too safe a procedure. That is, the doctors performing abortions do not refer enough patients to the hospital to warrant admitting privileges. In the Ohio budget package, Republicans even managed to work in a requirement that abortion providers arrange certain transfer agreements with local hospitals, and another that prohibited the hospitals from entering such agreements. The whole thing is a con. Why they keep doing this, though? It's hard to say. Perhaps they think that if they hit the federal courts enough with the same stupid laws, they'll happen onto a judge who will give them what they want on the basis of so many laws having been passed. No, really. Nobody knows.
Works Cited:
Maley, Mark. "Pro-Life Groups Launch New Push for 'Personhood' Amendment". Greenfield Patch. July 14, 2013. Greenfield.Patch.com. July 15, 2013. http://greenfield.patch.com/groups/...oups-launch-new-push-for-personhood-amendment
Wisconsin State Assembly. "2013 Assembly Joint Resolution". 2013. ISSUU.com. July 15, 2013. http://issuu.com/prolifewi/docs/13-0130_1?e=5432640/3879854
Maddow, Rachel. The Rachel Maddow Show. MSNBC, New York. July 1, 2013. Transcript. NBCNews.com. July 15, 2013. http://www.nbcnews.com/id/52374304/ns/msnbc-rachel_maddow_show/