Mississippi Attempts to Redefine Personhood

On November 8th, Mississippi voters will vote on Proposition 26, a measure that promises the end of abortion in their state.  The proposed amendment to the Mississippi Constitution is a redefining of personhood that categorizes a fertilized egg as a human being.  While the abortion question isn’t new, Proposition 26 introduces a deeper pro-life vision than previously considered.

The measure’s language on the ballot is simple.  It asks, “Should the term ‘person’ be defined to include every human being from the moment of fertilization, cloning, or the functional equivalent thereof?”  While the question may seem straightforward, the potential consequences of the successful passage of Prop 26 are not equally cut and dry.

If fertilized eggs are made persons, abortion and some types of birth control then become criminal offenses, perhaps including manslaughter or murder.  Common methods of birth control like IUDs and the morning after pill could become illegal, a move that would set reproductive choice back by decades.  The restriction on birth control is particularly ironic considering that birth control is what prevents later abortions.

Further, the fertility industry might flee Mississippi entirely if the destruction of excess embryos becomes a criminal offense.  By its nature, IVF produces more embryos than are implanted.  States deal with these leftovers in different ways, but if Mississippi suddenly affords full personhood to embryos, IVF clinics will be limited in their ability to dispose of them once they are not needed.

Prop 26 could also affect doctor-patient care if doctors have to consider a potential criminal charge whenever they choose a mother’s health over the continuation of a pregnancy.

One group behind Prop 26, Personhood USA, is also supporting measures in Wisconsin and Ohio.  The personhood movements do not allow for termination even when there are exigent circumstances such as rape, incest, or severe developmental defects.

With two clinics in the state, 99% of women in Mississippi don’t have access to an abortion provider in their county and thus cross state lines.  Prop 26 follows in the wake of a number of states recently passing restrictive abortion laws that include measures such as increased mandatory waiting periods, viewing of ultrasounds, and counseling.

Prop 26 has a much further reach in that it gives full rights to all embryos, even those that have no potential to develop into human individuals.  In theory, if Prop 26 passes, that will mean that Mississippi will have to count frozen embryos and developing fetuses in their state census.

Prop 26 is favored by both Republican and Democratic gubernatorial candidates.