Rocky published recycled false op-ed claim by "Personhood" amendment sponsor that it "doesn't change the constitution in any way"

Summary: The Rocky Mountain News published a "Speakout" guest column by Kristi Burton, sponsor of proposed constitutional Amendment 48, in which she repeated her claim that the measure "doesn't change the constitution in any way." In fact, the proposal would redefine the term "person" in three sections of the Colorado Constitution's Bill of Rights, stating that "the terms 'person' or 'persons' shall include any human being from the moment of fertilization."

In an October 7 "Speakout" column published by the Rocky Mountain News, Amendment 48 sponsor and spokeswoman Kristi Burton again asserted that the proposed constitutional amendment "doesn't change the constitution in any way, as its opponents claim; it merely clarifies the definition of 'person' or 'persons' as beginning at fertilization." However, as Colorado Media Matters noted after Burton made the same claim -- word for word -- in a September 25 guest commentary published by The Denver Post, the proposed "Personhood" amendment would redefine the term "person" in the Bill of Rights of the Colorado Constitution: "As used in Sections 3, 6, and 25 of Article II of the state constitution, the terms 'person' or 'persons' shall include any human being from the moment of fertilization."

Further, the Colorado 2008 State Ballot Information Booklet (also known as the Blue Book) states that Amendment 48 would "define the term 'person' to 'include any human being from the moment of fertilization' " and would "apply this definition of person to the sections of the Colorado Constitution that protect the natural and essential rights of persons, allow open access to courts for every person, and ensure that no person has his or her life, liberty, or property taken away without due process of law."

From Kristi Burton's October 7 "Speakout" guest column in the Rocky Mountain News, "48 restores value of every human":

In voicing its Sept. 22 opposition to Amendment 48 -- the Personhood Amendment -- the Rocky Mountain News expressed its concern about the uncertain impact of the initiative. Let me make it clear: Amendment 48 is about empowering you, the voter. It's about allowing the democratic process to make decisions that have been made by special-interest groups for the last 40 years while using your taxes for their own gain.

It's about catching our laws up to our science. It's about restoring the intrinsic value of every human being, no matter at what stage of development.

The Personhood Amendment doesn't change the constitution in any way, as its opponents claim; it merely clarifies the definition of "person" or "persons" as beginning at fertilization. This clarification is necessary because when the original constitution was written the biological information we now have available didn't exist. This left an ambiguity that has been seized by special interests for their own purposes. The same special interests tried to keep Amendment 48 off the ballot.

They claim they want "choice," but they don't want to allow Colorado voters to decide this issue.

The Blue Book states in its "Summary and Analysis" of Amendment 48:

Like the U.S. Constitution, the Colorado Constitution has a bill of rights. The Colorado bill of rights contains the rights and duties of the people of Colorado and outlines the principles of state government. Amendment 48 defines the term "person" for sections 3, 6, and 25 of the Colorado bill of rights. These sections concern inalienable rights, equality of justice, and due process of law.

Inalienable rights. Section 3 asserts that all persons have natural, essential, and inalienable rights to life, liberty, property, safety, and happiness. These rights include the right to defend against threats to safety, the freedom to make independent decisions, the right to work and obtain economic goods, and the right to survive. Inalienable rights are fundamental to all humans and are not created by laws and government. The constitution requires that the government protect these rights, although the government is permitted to limit the exercise of rights as necessary for the public welfare.

The constitutional provision regarding inalienable rights has been applied by courts, for example, to guarantee the right of an individual to pursue a legitimate trade or business, to acquire property without fear of discrimination, and to travel freely around the state.

Equality of justice. Section 6 requires the courts in Colorado to be open to all persons. If a person's legal rights are violated, this section guarantees that a judicial remedy is available.

Courts have determined that this section applies to a variety of circumstances. For instance, individuals are denied equal access to justice if juries are chosen in a discriminatory manner. Additionally, all persons have the same right to use the courts regardless of their financial resources.

Due process of law. Section 25 ensures that no person is deprived of life, liberty, or property without due process of law. Due process of law requires the government to follow consistent procedures before a person's fundamental rights are taken away. The courts have determined, for example, that due process requires the government to provide notice and a fair hearing before detaining a person, taking a person's property, or sentencing a person to death.

Definition of the term "person." The Colorado bill of rights does not currently contain a definition of person. Amendment 48 defines person to include a human being from the moment of fertilization. The term "moment of fertilization" is not defined in Amendment 48. The generally accepted medical definition of fertilization is the union of a male sperm and a female egg. [emphasis in original]

The Blue Book also notes that proponents of the measure argue that Amendment 48 "gives all human life, whether born or unborn, equal rights and protections," and acknowledge that "[t]he measure may establish the legal foundation to end the practice of abortion in Colorado." According to the Blue Book, proponents further state:

The U.S. Supreme Court decision that legalized abortion in the U.S. found that the unborn were not included in the word "person" as used in the U.S. Constitution. If each human life, from the moment of fertilization, is recognized as a person under Colorado's bill of rights, Amendment 48 may provide support for legal challenges to prohibit abortions in Colorado.

The Blue Book further notes that opponents of the measure argue that "Amendment 48 is more complex than adding a definition to the state constitution. Creating a definition of the word 'person' in the constitution could impact many existing state laws containing the term. The courts and the legislature will have to determine how to apply the new definition to a wide variety of laws, including property rights and criminal laws."