Three states voted on abortion amendments, with fight far from over

Tennessee citizens are readying for new regulations on abortion. Coloradans are taking a breather after defeating a third “personhood” proposal. North Dakotans rejected a ballot measure granting rights to the unborn. And nationally, observers wonder if a GOP-controlled Senate might mean success for national legislation to limit abortion.

One thing is clear in the wake of Tuesday’s midterm elections: The seemingly never-ending battle over abortion in the United States continues. Three states voted on abortion-related ballot issues, and two of them saw defeat:

Colorado voters rejected a “personhood” amendment — 65 percent to 35 percent — that would have recognized the unborn as people in the state’s criminal code.

North Dakotans also said no to a “personhood” amendment — 64 percent to 36 percent — though the state still has some of the strongest abortion limits in the nation.

Tennessee voters approved a constitutional amendment — 53 percent to 47 percent — that grants the legislature more power to enact abortion regulations and restrictions, including strict clinic inspections

The Republican-controlled Congress in the next term will include several new lawmakers who have advocated for “personhood” of a fetus. At the least, the GOP majority could threaten appointment of federal judges who might continue to overturn state laws, one expert said.

And it could lead to abortion restrictions at the federal level. “We could see more federal legislation, pushing ‘personhood’ bills, pushing bans on abortion at 20 weeks,” said Maya Manian, a law professor at the University of San Francisco School of Law who specializes in reproductive rights.

Backers of “personhood” measures in Colorado and North Dakota said they were outspent by opponents, while both sides claimed the other misrepresented the proposed amendments.

“Unfortunately, the strategy of the opponents was to direct the attention away from this being a life issue — [to] would it affect end-of-life directives, would it affect in vitro fertilization opportunities,” said Tom Freier, executive director of the North Dakota Family Alliance.

In Colorado opponents of Amendment 67 spent more than $2.5 million to steer voters. Supporters spent only about $100,000, most of it to pay for staff time from organizations that oppose abortion, according to reports filed with Colorado's secretary of state.

On this third try at a “personhood” amendment in Colorado, the measure was to be added to the criminal code and was couched as a way to punish those who commit crimes against pregnant women. Opponents said the measure would have obvious implications for abortion rights, however. Even some people in the anti-abortion camp questioned whether anything would come of the measure, since it would doubtless face a court challenge and likely be struck down.

Opponents of Amendment 67 said it avoided past language such as “fetal personhood” and “life begins at the moment of fertilization.” “They tried to trick voters into believing that this was something that it wasn’t,” said Cathy Alderman, vice president of Planned Parenthood Votes Colorado.

Part of that effort included outreach to the Hispanic community, an increasingly important voter demographic in the state.

“We did a major effort to ensure that we were working with our Latina community specifically and seeing that the Latina vote turned out stronger than it has ever been,” said Cristina Aguilar, executive director of the Colorado Organization for Latina Opportunity and Reproductive Rights.

But division among anti-abortion groups on measures that would outlaw all abortions instead of making incremental changes may have contributed to the failure of personhood measures in Colorado and North Dakota, say experts.

“They’ve been very successful with the incremental strategy,” said Manian, referring to anti-abortion campaigns in North Dakota and Texas.

North Dakota, for instance, has a range of requirements before a woman may have an abortion at the one remaining clinic in the state: a 24-hour waiting period, parental notification for minors and required ultrasounds. And in Texas fewer abortion clinics remain open because of laws that set stringent standards for such clinics.

Manian said such laws are “chipping away at abortion indirectly by claiming to protect women’s health.”

“It’s a pretty large number of states, and it’s not just in the South,” she said. “The Tennessee legislature can now pass laws attacking access to abortion.”

In Tennessee the state Supreme Court ruled in 2000 that the state’s constitution prevented abortion legislation. But Amendment 1, approved on Tuesday, will allow state lawmakers to regulate abortion.

“Mandatory waiting periods will probably be the first thing, along with the inspection requirement for the facilities and informed consent,” said Jennifer Hicks, a development associate with Tennessee Right to Life. “They’re all so important.”

She noted that state lawmakers voted overwhelmingly to put Amendment 1 before voters, so they’re likely to approve new abortion regulations. “I don’t think it’s going to meet much resistance,” she said. “It’s common-sense protections.”

In Colorado, Jennifer Mason of Personhood USA is looking to future elections. “We were outspent 1,300 to 1, and we still managed to increase the vote over last time,” Mason said, referring to a 2010 measure defeated by 71 percent of Colorado voters. “We have to try again. The voters are less willing to listen to the false information put out by our opposition.”

Aguilar said that doesn’t surprise “personhood” opponents. “As much as we feel like we’re sending the message loud and clear that we don’t want them back, we do believe that they will be back,” she said.

Colorado Sen. Mark Udall, a Democrat, made abortion and access to birth control a major issue in his failed re-election bid. He lost to Republican Rep. Cory Gardner, a co-sponsor of a federal “personhood” bill who rejected the state amendment early in his campaign.

Mason, who criticized Gardner for backing down from his previous support of personhood, considers Joni Ernst, the Republican senator-elect from Iowa, an ally of the cause because Ernst has supported personhood and didn’t back down from that support in her campaign.

“She defeated her opponent by quite a bigger margin than Cory Gardner defeated Mark Udall,” Mason said. “Personhood candidates are not the villains they are made out to be.”

National Right to Life boasted victory of its endorsed congressional and gubernatorial candidates, winning in 54 of 74 races. Manian said the upcoming Republican-controlled Congress could affect reproductive rights directly and indirectly. Thus far, the most restrictive state abortion regulations have been rejected or tied up in federal courts.

“The shift in power will likely limit President [Barack] Obama’s power to appoint more progressive judges to the federal court,” she said.

Abortion opponents hope for a more substantive approach.

“I’m hopeful that there are opportunities like what we’ve done in North Dakota to approach and deal with some of those issues … on how abortion can be limited and regulated,” Freier said.

If such regulations pass, Manian said, abortion rights supporters will count on Obama’s veto pen. Others look to hold their lawmakers accountable.

“We will need to put tough questions to Cory Gardner about how he will stand for reproductive rights, especially given the way he changed his own rhetoric on the issue,” Aguilar said.