| As you probably know, a Constitutional Initiative based on Rick Jore's HB 403 has been filed in Montana. Perhaps unsurprisingly, I think this is a bad idea.
Hilariously, HB 403 had to include a special provision to make it clear that a right to life does not prohibit the state from implementing the death penalty -- a jump in logic that makes one wonder whether or not a right to free speech does not prevent the state from muzzling random citizens. It's even stranger since under the Amendment, the right to life is "paramount."
Of course, the pragmatic problems don't stop there. This is, of course, a Constitutional Amendment actively requiring the enactment of legislation to ensure all life, from the moment of conception, safety, health, happiness, and a clean and healthful environment. And, any individual who threatens fetal rights or life would presumably become a criminal or susceptible to some form of civil redress.
This, of course, opens a really insane can of worms. The state, for example, would have to launch criminal investigations into miscarriages.
These, of course, are the practical concerns. The other concerns are, no surprise, ideological. Here's one, for example: You think the state should be able to regulate birth policies? Then should the citizens of California be allowed to adopt a "One Child" rule?
I don't think so. I don't want the government telling Americans to have children or not have children.
On top of that, I don't think victims of rape or incest (which is often also rape) should be forced to carry a pregnancy to term. I don't think mothers whose health or life is threatened by carrying a pregnancy to term should have to.
And, ultimately, I think that we're better off making sure every child is a wanted child. Personally, I'm not too excited about the notion of abortion, especially late-term abortion. That said, in the tough-to-determine situations, I trust the people closest to the decision -- the would-be parents -- to make that determination better than I will.
It's not a perfect system, but we generally don't get perfect systems. We get systems that create more good and less bad than their alternatives. This amendment clearly does not do that. |
