Oklahoma Supreme Court: ‘Fetal personhood’ initiative ‘clearly unconstitutional’

[Playinghardball]

The Oklahoma Supreme Court on Monday unanimously ruled that a ballot measure to completely prohibit abortion was “clearly unconstitutional.”

The American Civil Liberties Union and the Center for Reproductive Rights filed a lawsuit against the ballot measure, which would have amended the Oklahoma Constitution to grant fertilized eggs and embryos the same constitutional rights as people.

“By their own admission, the proponents of this initiative aim to strip women and families of their established right to decide whether and when to become pregnant and carry a pregnancy to term,” Ryan Kiesel, executive director of the ACLU of Oklahoma, said in March. “This initiative insults Oklahoma women’s intelligence and dignity by denying access to basic health services.”

Legislation similar to the “fetal personhood” ballot measure passed in the Oklahoma Senate in February by a 34-8 vote. However, Oklahoma House Speaker Kris Steele and the State House Republican Caucus decided not to bring the bill to the House floor for a vote.

http://www.rawstory.com/rs/2012/04/30/oklahoma-supreme-court-fetal-personhood-initiative-clearly-unconstitutional/

[spanone]

1. k&r...

[YellowRubberDuckie]

2. Thank goodness.

Our legislature is OUT OF CONTROL.

[Swede Atlanta]

3. Thanks goodness.....

Unless these states want to force a Supreme Court ruling on "personhood" amendments and statutes, these initiatives as they relate to abortion are unconstitutional.

The SC has ruled abortion is legal and has defined parameters within which states may regulate or control abortion. The whole basis of Roe v. Wade was there is a right to privacy in a woman that extends to abortion but that right is subject to REASONABLE constraints.

I suspect that if any of these states attempt to impose a personhood amendment and force this to the SC, the court would be hard-pressed to rule it constitutional in light of their historic precedent. There is a risk the KKK-ervative majority on the SC could diverge from precent and rule in favor of the state but I think that is highly unlikely because.....

(1) Court precedent
(2) Deprives the GOP of a voter-initiative issue - i.e. abortion

[Dont call me Shirley]

4. Wow, sanity prevails in OK, what a shock!

[Initech]

5. Thank god - I'm tired of the religiously insane always getting their say on this issue.