A number of bills to limit or eliminate abortion rights in North Dakota have been introduced this legislative session.
One would be a proposed amendment to the state Constitution. It’s been dubbed the “Personhood” amendment – and says life begins at the moment of conception.
"This amendment is intended to present a direct challenge to Roe v. Wade," the sponsor, Sen. Margaret Sitte (R-Bismarck), told the Senate Judiciary Committee.
The measure does not have an exemption for rape or incest Gualberto Garcia Jones is an attorney for Personhood USA – and he told the Senate Judiciary Committee that’s true.
"The last time I checked in North Dakota, the criminal code doesn't impose the death penalty for rape," said Jones. "So why in the world would we want to impose the death penalty on the innocent child, conceived in rape?"
Opponents said the measure would not pass Constitutional muster – if challenged in federal court. Carla Rose Hanson of Fargo says a similar measure in Oklahoma was struck down by a federal court – and the US Supreme Court decided not to hear that case on appeal. She told the committee if North Dakota passes a “personhood” law, it will likely face a lengthy and expensive legal challenge.
"I do not want to waste taxpayer dollars to defend an extreme law that's already been found unconstitutional," said Hanson. "I would rather our dollars go to other priorities, such as education, infrastructure and health care."
If it should pass the Legislature, it would be put on the ballot in 2014.
