What is CI-100?

A constitutional amendment has been proposed for the 2008 ballot by the Constitution Party of Montana that would extend constitutional rights to fertilized eggs by redefining what is legally a person and establishing that there is a “paramount” right to life. Proponents of this initiative proposed a similar measure at the 2007 Legislative Session which failed. While proponents claim this measure is an attempt to ban abortion in Montana, the consequences of this amendment are far-reaching and would impact all women of reproductive age.

What exactly does the amendment do?

CI-100 defines fertilization as the beginning of life and grants all constitutional rights to a fertilized egg. These rights are separate from the pregnant woman. CI-100 makes the right to life “paramount” with respect to all other rights, including a woman’s right to choose appropriate health care. The amendment also establishes a constitutional basis to ban certain methods of birth control, stem cell research and in vitro fertilization.

Amendment language

This amendment amends Article II, Section 3 Inalienable Rights of the Montana Constitution. The amendment reads:

Section 3. Inalienable Right to life and inalienable rights.

(1) Every person has a paramount and fundamental right to life.

(2) All persons are born created free and have certain inalienable rights from the moment of conception. They include the right to clean and healthful environment and the rights of pursuing life’s basic necessities, enjoying and defending their lives and liberties, acquiring, possessing and protecting property, and seeking their safety, health and happiness in all lawful ways. In enjoying these rights, all persons recognize corresponding responsibilities.

(3) As used in this article, “person” includes a human being at all stage of human development or life, including the state of fertilization, regardless of age, health, level of functioning or condition of dependency.

(4) Subsections (1) and (3) and the language regarding the moment of conception in subsection (2) must be implemented by legislation.

 

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