CBS/AP/ October 26, 2011, 11:14 PM

Debating Mississippi's "Personhood Amendment"

A sign held during a prayer rally for the Personhood Amendment at the Capitol in Jackson, Miss, in June, 2011.

A sign held during a prayer rally for the Personhood Amendment at the Capitol in Jackson, Miss, in June, 2011. / AP Photo

JACKSON, Miss. - A scientist who has worked for more than a quarter-century in reproductive medicine says a Mississippi ballot initiative could hinder the use of in vitro fertilization that helps some couples become parents.

An attorney who has defended the "personhood" initiative says the proposed constitutional amendment would show basic dignity to the tiniest human beings who are least able to defend themselves.

The scientist, Michael Tucker, and the attorney, Stephen Crampton, were among the participants in a panel discussion Tuesday night at Mississippi College School of Law. They debated Initiative 26, which will be on the Nov. 8 ballot.

The initiative asks: "Should the term 'person' be defined to include every human being from the moment of fertilization, cloning, or the equivalent thereof?"

Mississippi is the only state voting on a life-at-fertilization amendment this fall. There are, however, similar ballot initiatives brewing in Ohio and Florida, according to The New York Times. The move to define life so definitively in state law represents a new tact in the anti-abortion movement, in which they essentially attempt to make all forms of abortion - and some forms of birth control - the legal equivalent of murder.

Mississippi Personhood amendment

Stephen Crampton, general counsel for Liberty Counsel, left, listens as Rebecca Kiessling, a family law attorney, discusses the implications of Mississippi's Personhood Initiative in a symposium Tuesday night, Oct. 25, 2011 at the Mississippi College School of Law in Jackson, Miss.

/ AP Photo

Tucker, who lives in Atlanta, has worked on in vitro in Mississippi and other states. He showed an enlarged video clip of a microscopic needle injecting a single sperm into a human egg through the procedure.

He said after three days, an embryo is made up of eight cells and is about the width of a human hair. He said although insemination can be seen in the lab, it's not simple to pinpoint the exact moment an embryo has its own set of chromosomes. He said most embryos don't survive, and a single embryo can split into twins during the first seven days.

"For me as a biologist, it's very difficult to say, well, fertilization, is it a bolt from on high that occurs in a microsecond," Tucker said.

Crampton works for Liberty Counsel, a Florida-based nonprofit group that opposes issues such as abortion and same-sex marriage, and he has defended the Mississippi initiative from a challenge that sought to keep it off the ballot. He said he believes it's important to define "person" in the law.

"There is a moment when the chromosomes from a woman and the chromosomes from a man unite and form a unique, new individual," Crampton said. "The question, then, is simple: Is it fully human -- is he or she fully human? And is he or she alive? The answer to both of those questions is emphatically yes. As a society, it becomes incumbent upon us to take steps to recognize that fact and then to implement laws to protect it."

Crampton said he believes if the constitutional amendment passes, it would not automatically outlaw abortion in Mississippi. He said legislators might have to change specific laws.

Rebecca Kiessling of Michigan, a family law attorney who supports the initiative, said if it passes, the state attorney general or a local prosecutor could announce the intention to start enforcing homicide laws by using the new definition of "personhood." She said that likely would prompt a court battle.

"We would have to wait this out as it went up through the court system," Kiessling said.

Amelia McGowan, staff attorney for the American Civil Liberties Union of Mississippi, said the word "person" appears in state law more than 9,000 times. She said if the amendment passes, "I think it will change the entire framework of state law."

Glenn Cohen, a Harvard Law School professor who participated in the panel discussion by teleconference, said if the amendment passes, judges will have to interpret it and determine how it applies to Mississippi law and whether, for example, it would affect birth control, IVF or only abortion.

"Whether you are for or against abortion, whatever your position is, this is a bad amendment -- not because of what it represents but because it is ambiguous," Cohen said.

Tucker, the reproductive scientist, said he believes the proposed amendment "is clearly a wedge issue" to promote anti-abortion legislation. He said three clinics in Mississippi perform IVF.

"The ramifications it will have, needlessly, for infertility therapy will be massive and will lead to a tying up of the Legislature here in Mississippi above and beyond what anyone can imagine," Tucker said. "The costs will be enormous, both emotionally and financially. Is this state prepared for that?"

Crampton responded: "What is the cost of failing to recognize and respect the basic human dignity, the right to life of the (most) innocent and least able to defend themselves among us?"

© 2011 CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.
55 Comments Add a Comment
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notliving4thisworld says:
We all have the right to our opinion. We all have the right to have our opinions respected whether anyone agrees with them or not. A great many of you guys just use this forum as a way to act tough by arguing and whining about everybody else. I would bet that most of you who make the INMATURE comments, such as PROGRESS4USA, are only on this forum to get attention for yourselves; your not on here to contribute anything of substance to these discussions. Therefore, your comments don't count and I urge everyone to stroll past those because they only waste time. Out of curiousity, how many of you would say that Partial Birth Abortion isn't killing a life. Argue that one! I didn't think so! Until that dead skin cell flakes off and goes down your shower drain or drops on the floor for the dust mites, it's still considered your live skin cell!
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equalbits says:
There's a scifi movie with Tom Cruise as a cop that prevents crimes before they happen Done using technology and a "special" captive person to predict crimes. Someone about to commit murder sends out an alarm, and Tom and crew rush to prevent the murder. So guys, that devise that will have to be implanted in you will help the police determine you intent to impregnate as well as post impregnation. Then the female's second by second monitor will determine if anything was done to prevent "life". As a bonus, a "birth date" will be easy to determine. What will those corporate theocrats think of next.
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Lifeisbeautiful88 says:
It is simply bringing the constitution in line with what science already recognizes: "By all the criteria of modern molecular biology, life is present from the moment of conception." Dr. Hymie Gordon, Chairman, Department of Genetics at the Mayo Clinic

Watch this beautiful music video written by a man who was conceived by an act of rape:
http://www.theradiancefoundation.org/portfolio-item/unwanted-a-story-about-choice/

How fortunate his mother recognized his "personhood"!
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jancreek1955 says:
Republicans are all about freedom and liberty. So a woman has her freedom and liberty until she becomes pregnant? Then the government has control over her. A female child gets raped by her brother or father and must keep this child? How do you explain this to the victim? How would you explain this to the child? I'm not saying abortion is always the right choice, but it must be up to the woman and her family to make this decision. Not the government.
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ggw9225 says:
This is a nightmare for the following reasons:

1. Anchor babies become citizens once they are conceived. It will be impossible to deport anyone in the US. Illegals will be able to say, "my unborn child was conceived here."
2. Law enforcement will have to investigate every miscarriage. When someone dies in this country it is investigated by a county or state employee. Whether by a coroner or law enforcement cause of death has to be determined.That brings me to #3.
3. Women of child birthing age and sexually active will constantly have to take a pregnancy test. If they don't know they are pregnant, they may be committing felony endangerment of a child. They might have a drink or take a prescription pain killers that would be harmful to the embryo they are unknowingly carrying.
I think we should leave government out of these types of issues. I don't want 'Big Brother' in our everyday lives like this. That is what liberty is all about. Being an American is truly defined by 'life liberty and the pursuit of happiness.' These people who are heavily entrenched in the 'pro' side of this debate cannot fathom the concept of 'separation of church and state'. It is not everyone's choice to have an abortion and that is the freedom you are afforded. You can have your beliefs without infringing on the beliefs of others.
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nottblu says:
Can anyone explain how a fetes is not considered "life". Does it feel pain? yes. Does it have a heart beat? yes. Does it have a unique genetic map and DNA? yes. Can it move on it's own? yes. Can it be viable when only weighing a single pound? yes. Does it have rights in a court of law if killed through unlawful means during the act of a crime? yes. Does it take in nourishment and does that result in growth and metabolism? yes. Yet to some it is not life, very difficult to defend such a stance, but please anyone feel free to rebut these facts.
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new_york_loner replies:
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Nottblu, you are ignoring my posts? That's OK, I'll take a stab at your challenge, in spite of that.

All those things that you mentioned, the various life functions, the ability to sense pain etc. also exist in most non-human animals - they are creatures who also rightfully inhabit this planet.

What about their right to life? Or is the idea of a right to life a purely human construct, a fanciful notion used to galvanize the gullible?

Please, don't hand me the old "dominion over the earth" Biblical justifications for killing non-human creatures. I expect more out of a man with your obvious intellect.

Do you also believe that nations have a right to exist? If so, how and why?
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new_york_loner says:
One wonders how it is that Mississippi, host to Jim Crow and KKK activity in the not too distant past, is now suddenly consumed with human compassion for the most vulnerable human beings. Very suspicious.

Is this a case of genuine, love-based compassion for human kind, or is this a case of cynical, irrational hate-based passion?

Is the motivation and justification for the legislation a moral case for protecting the unborn, or is it a case of stripping women of their legal and human rights?

In Mississippi, it's a safe bet that the latter, not the former is the case.
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new_york_loner says:
It is possible to determine paternity, by a DNA test; but, even with advanced medical science, it is impossible to determine the date and time of conception in the womb. This may further complicate this asinine proposed law. In Mississippi your DOB will be irrelevant, it's your DOC (Date of Conception) that counts, in all legal matters....you are a person, even if you still have vestigial gill slits and a tail...in Mississippi that's enough to qualify for person-hood.
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new_york_loner says:
Nottblu, I have viewed your posts, as instructed. You seem to engage in pedantic pedagogy, when not delivering an ad hominem, or personal attack.

Any "Amens" from members of this board?
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nottblu replies:
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Apperently you are somehow able to ignore the majority of off-topic insults and name calling delivered by the leftwingwers that frequent this story. Are you attacking me because of my views or is there some other reason you target only me in regards to personal attacks, insults, false genralizations and name calling? If you would like you can ask anything you like in regards to the topic of this article. If rafterman was truly serious about his assertions he would acknowledge the truth behind who started the name calling and insults.
new_york_loner replies:
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In response to my critique of his posts, nottblu resorts to the old argument: "He did it, why can't I?" It doesn't work.

I suppose that I targeted nottblu, because I like to bag big game, not squirrels. He's a smart fellow and he felt smart...so I zeroed in the elitist, ostentatiously learned poster.

Consider it a compliment, nottblu, I'm sure that we share a lot of common ground.
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Progress4USA says:
by nottblu October 27, 2011 11:04 AM EDT
Want to go to lunch?, you seem to fit the definition, your heart beats yet you lack the ability to contribute to a logical discussion.
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Your having a logical discussion??? Wow...a first!

Support Post-Birth Abortion!!!! (notblu, what's your mother's phone number?)
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nottblu replies:
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still have nothing of any substance to state? typical
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