CI-100: The threat to Montanans
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.
Who is behind this amendment?
This amendment is modeled after a similar piece of legislation from the 2007 Legislative Session sponsored by Rep. Rick Jore (C-Ronan). As of January 7, the Constitution Party of Montana is the only group publicly supporting this amendment.
How could this amendment impact the medical community?
CI-100 would undermine medical decision-making for pregnant women and health care providers, which often must be done quickly and under terrific stress. It would create great uncertainty regarding liability of health care providers who treat pregnant women – especially those women with high-risk pregnancies. Medical malpractice insurance costs for OB-GYNs are already high. Medical providers who treat women of reproductive age would be at heightened risk for lawsuits if the care they provide affects a pregnancy, even if inadvertently or in the best interest of the woman.
Would this amendment ban abortion in Montana?
It is the intent of the supporters of this amendment to ban abortions in every circumstance and directly challenge Roe vs. Wade. However, this amendment would have far broader consequences for the health of all women of childbearing age.
How does this amendment impact medical decision-making for pregnant women in Montana?
Currently, private medical decisions are left to women and their doctors. This amendment attempts to involve legislators, the courts, and other entities into that confidential decision-making process, interfering in some of the most difficult decisions we will ever make.
I’ve heard this amendment might impact access to birth control. Is that true?
Anti-choice activists are increasingly attacking access to birth control. CI-100 establishes a state constitutional basis to prohibit the use of those methods of contraception that may prevent pregnancy by inhibiting implantation of a fertilized egg, such as birth control pills, IUDs, and emergency contraception.
Could this new definition of person be used to investigate women for miscarrying?
This amendment could allow the government to prosecute a pregnant woman for any action that unintentionally harms her fetus. Between one-third and one-half of all fertilized eggs never implant. Between 15% and 50% of all pregnancies end in miscarriage. The sponsor of this amendment, Rick Jore, stated on the floor of the Montana House of Representatives that this amendment could be used to investigate women for miscarrying to see what they may have done to harm the pregnancy.
Could this amendment affect access to assisted reproductive technology and stem cell research?
For couples struggling with infertility, multiple eggs are fertilized in lab environments to increase the likelihood of assisted implantation and pregnancy. Often, extra fertilized eggs remain after a couple becomes pregnant, and it is a patient’s decision to retain, donate or dispose of those fertilized eggs. This amendment calls into question the actual legal status of the remaining fertilized eggs.
Research into treatments for many diseases including Type 1 Diabetes, Alzheimer’s and Parkinson’s relies partly on the use of cells harvested from lab-cultivated fertilized eggs, many of which were donated after fertility treatments.
Does the amendment infringe upon the religious freedom of Montanans?
The authors of this amendment believe that America was founded as a republic under God, not a democracy, and that constitutional law is rooted in Biblical law. This amendment is an articulation of the Montana Constitution Party’s religious beliefs. The Montana Constitution has been established for persons of all faiths or no religious faith. There is no scientific or moral consensus, even among people of faith, about when life begins or what constitutes life. This amendment does not respect the religious freedom of women and their families to make decisions based on their personal beliefs and convictions.
How will this amendment be implemented?
The proposed amendment directs the Montana Legislature to implement this redefined constitutional right. This mechanism will be subject to the political will and make-up of each biennial legislature. It is impossible to predict all of the potential impacts of the amendment.
Who is opposed to this amendment?
Current opponents to this amendment include: AAUW Montana, ACLU of Montana, BPW of Montana, Blue Mountain Clinic, homeWORD, Montana Human Rights Network, Montana League of Women Voters, Montana Women’s Lobby, NARAL Pro-Choice Montana, Northwest Women’s Law Center, Planned Parenthood of Montana, Students for Choice, National Family Planning and Reproductive Health Association, & Women’s Voices for the Earth.
