Colorado Politics

VIDEO: Capitol emotions stirred by GOP personhood, fetal homicide bills

It had been coming for weeks to the Capitol, no different this legislative session than past legislative sessions, and Thursday was the day. Pro-choice and Pro-life lawmakers faced off in House committees over two bills aimed at protecting the unborn.

The bill sponsors and their supporters produced passionate arguments. Opponents did the same. And nearly four hours later, the Democratic-majorities on each committee had relegated the bills to the equivalent of a legislative storage closet, where they’ll likely be retrieved again next year, continuing the debate.

House Bill 1113, the “Protection of Human Life Beginning at Conception” bill, sponsored by Rep. Stephen Humphrey, R-­Severance, is a personhood bill. It would outlaw abortion in all cases, except when the life of the mother is at risk. It would also make it a Class­ 1 felony to perform an abortion.

Nineteen of the 31 House Republicans signed on to the bill as co-sponsors.

House Bill 1007, the “Offenses against an Unborn Child” bill, sponsored by Rep. Janak Joshi, R-­Colorado Springs, is a fetal homicide bill that would allow prosecutors to seek homicide or assault charges in cases where a fetus is injured or destroyed in a criminal act.

Seven House Republicans signed on to Joshi’s bill as co-sponsors.

Ramifications, slavery, politics

Humphrey pushed back against criticism that his bill was extreme, a claim made in part because the bill could criminalize doctors and mothers.

“Yes,” he said flatly, “it would have wide ranging ramifications, but I think the science supports it, and it’s morally the right thing to do.

“We have to remember, what are we talking about? We’re talking about our humanity. We’re talking about a decision made on the size and location and degree of development of a human being,” he said.

One of the witnesses in support of the bill told members of the committee who voted against it that God would punish them.

Others likened abortion to slavery, arguing it was the product of an inhuman anti-life culture. The comparison riled Rep. Janet Buckner, D-­Aurora, a member of the House black caucus. She asked Humphrey if he agreed the comparison was apt.

There are valid parallels, mainly in the legal sense, Humphrey argued.

“I would say that certainly, as far as I know, in the history of slavery, part of the justification of slavery was an argument that African slaves were not human persons in the same sense as their owners,” he said.

“That’s pretty hard to digest,” said Buckner. “That’s very hard to digest for me, and I’m sure you can understand why. This conversation has come up year after year after year, and you’re using this slavery information here to relate it to your bill. The comparison is absolutely ridiculous and you can imagine why it’s really inflammatory.”

Members of the Health Committee voted 7-6 against the bill along party lines.

In Colorado, the politics of personhood have shaped electoral campaigns for years.

The personhood movement has attempted repeatedly to land initiatives on state ballots for voters to weigh. But residents have voted against personhood by wide and increasing margins.

Even before the hearings launched, abortion rights supporters gathered for a news conference in the Capitol’s west foyer. Representatives from abortion rights groups, including NARAL, decried efforts at the Capitol to erode women’s rights and undercut federal law that made abortion legal and safe for women.

Personhood-fetal homicide debate at Capitol, 2016 from The Colorado Statesman.

This election year, Democrats are sure to tie Humphrey’s bill to the Republican brand. The efforts could hurt conservatives running for statewide seats or in swing districts.

Fetal homicide, personhood, prosecutions

Joshi’s fetal homicide bill inspired similar wariness on the part of Democrats, even though Joshi and Republican members of the committee said the bill wasn’t about abortion. They said it was about crimes against “wanted” unborn babies.

“The word abortion doesn’t even appear in the bill,” said Rep. Cole Wist, R-­Centennial.

But doctors, religious leaders and lawyers testified against the bill. They said it also would speed the way to prosecutions of doctors and women.

Others asked what Joshi meant in the bill when he cited protections for “unborn member(s) of the species Homo sapiens,” wondering if the bill was simply a personhood bill in disguise.

Joshi’s bill failed to pass on an 8­-4 party line vote.

With reporting by Kara Mason.

— ramsey@coloradostatesman.com


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