The Oklahoma Supreme Court have stricken down the state's new "personhood" ballot initiative that was supposed to be voted on in November as unconstitutional.
In fact, the Oklahoma State Constitution says: "It is not acceptable to propose amendments that are ‘repugnant to the Constitution of the United States.’"
The Oklahoma justices were unanimous in their opinion.
This bodes very ill for all other "personhood" ballot initiatives and laws once they are challenged in court--and they will be. Even if they manage to pass on the state level (and judges really hate to be overturned on appeal), their chances of succeeding on the federal level, where it's all about the Constitution, are very bad.
Back to doin mah Snoopy Dance!
In fact, the Oklahoma State Constitution says: "It is not acceptable to propose amendments that are ‘repugnant to the Constitution of the United States.’"
The Oklahoma justices were unanimous in their opinion.
This bodes very ill for all other "personhood" ballot initiatives and laws once they are challenged in court--and they will be. Even if they manage to pass on the state level (and judges really hate to be overturned on appeal), their chances of succeeding on the federal level, where it's all about the Constitution, are very bad.
Back to doin mah Snoopy Dance!
- Current Mood:
giddy

Comments
(Incidentally, today is Blog Against Disablism Day.)
HAH that is the most beautiful slapdown I've seen in a while. Hooray!
Here is another thought: let's say it's declared that this personhood IS valid (bear with me a second). Ok, so, a fetus is a person with same rights as any other person. Fine. Well, mom is a person too, right? Last I checked, it was illegal to force one person to donate organs, blood, tissue etc to another person. Even if it's a matter of life or death. Even if the potential donor caused the situation. Example: Jack is not paying attention while driving and hits a kid. The kid will die without a blood transfusion and Jack's blood is the only match around. Jack still CANNOT be compelled to provide blood. And a blood transfusion is a whole lot less intrusive than pregnancy.
So here is what I'm thinking - if you want to call a fertilized egg a person, go for it. But a person is not entitled to be physically connected to another human being, using her body's resources. So long as your fertilized egg can survive on it its own, please feel free to apply for a ssn and enroll in harvard. Thoughts?
Personally, I don't want to have children because I'm uncomfortable with the notion that for nine some months I'd be supporting what is basically a parasitic growth with my body's space and resources. Plus the feeling of being been clung to as by a leech when breast feeding after giving birth. I can't imagine anything more uncomfortable.
Wanting to bear children is a fine choice for some, but children are not more intrinsically valuable than any other living human of any age. Plus, I'm not certain that a fertilized egg has a soul when it doesn't so much as have it's own heartbeat.