Personhood Amendment Fails in Mississippi, but the Heat still on in other states

Orlando, FL—Personhood legislation or amendments to state constitutions, which would establish legal personhood beginning at any stage of fetal development, remain a threat to reproductive health, believes the National Infertility Association (RESOLVE) and the American Society for Reproductive Medicine (ASRM).

Such amendments are clearly intended to outlaw abortion but have the potential to affect assisted reproductive technology, said Barbara Collura, executive director of RESOLVE, at a press conference during the ASRM’s 2011 annual meeting (3 weeks before the Mississippi vote).

Although a ballot measure to amend the Mississippi state constitution that life begins at fertilization (known as Initiative 26) recently failed, the main proponent of the measure, Personhood USA, is pushing similar ballot initiatives in 2012 and beyond in other states. Similar initiatives have failed at the polls twice in Colorado.

ASRM released a statement shortly after the failed Mississippi ballot initiative, saying, “We are pleased the people of Mississippi did not accept this dangerous measure that would have endangered access to reproductive health care. We hope policymakers in other states will take note: the American people do not want government coming between physicians and their patients and will not accept policy on reproductive health care being controlled by extremists. Our members are pleased they will be able to continue to provide the citizens of Mississippi with full access to the reproductive health care they need.”

Given the uncertain status of embryos, personhood amendments could hinder in vitro fertilization (IVF) attempts, Ms Collura said. If embryos are full humans, any act that puts an embryo at risk could be a criminal violation, including the practice of cryopreservation. The parties who would have legal responsibility for fertilized eggs created during fertility treatment but not transferred to a woman’s uterus would be unclear.

Passage of personhood amendments could increase the number of multiple births and the associated health concerns if all embryos created from IVF cycles had to be transferred.

Added Sean Tipton, Director of Public Affairs, ASRM, “Because these amendments are not worded using any clear scientific or legal definitions, it’s impossible to say what they would do. The wording has varied from state to state.”

“To RESOLVE, these amendments are antifamily and we’re working hard to defeat them,” said Ms Collura. In Mississippi, ASRM and RESOLVE were members of a coalition to oppose the personhood amendment; RESOLVE recruited women who created their families through IVF to talk about their experience through the media.

“We tried to make it very personal,” she said. “In Colorado, we had a woman create a video that was played on the Internet, and we had a family who brought their child to a press conference talking about the creation of their family through IVF and what personhood would mean to them.”

Strategies for defeating such amendments will vary by state, as some bills are being introduced into the legislature and others are appearing on ballots as proposed amendments to state constitutions.

In states where personhood bills are in the process of going through the legislature, RESOLVE prepares physicians for testimony. “We’re focused on trying to get the patient story out there and couple it with information from doctors in that state who are willing to talk to the media,” said Ms Collura.

She suggests that professionals who work at fertility clinics or in obstetrics and gynecology offices act as spokespeople to inform the public about the potential ramifications of personhood legislature on the practice of reproductive medicine. Alerting your patient database directly to spread the word about such legislative issues is another strategy. The health professional “does not have to get in the middle but can refer patients to RESOLVE,” she said. “In that way, they can activate former patients or current patients who might like to speak out.”