ACLU of Nevada Opposes the "Personhood Initiative"

October 22, 2009

On October 21, Personhood Nevada introduced an initiative petition which would add an amendment to the Nevada Constitution:

“In the great state of Nevada, the term 'person' applies to every human being.”

The petition later defines human being as any one "possessing a human genome specific for an individual member of the human species." Such “personhood” amendments have been introduced in other states and the apparent intent of the sponsors is to undercut a women’s constitutional right of choice.

The ACLU of Nevada fully supports the petition process and we fight for everyone's right to appear on the ballot, even when we completely disagree with the goals of the petition.

The ACLU of Nevada opposes the apparent goal of the Personhood Initiative. The ACLU supports a woman’s right to full access to safe and legal reproductive healthcare, just as the Constitution requires and the Nevada voters and U.S. Supreme Court have made clear. Indeed, this amendment would be unenforceable under Roe v. Wade.

Further, the language of the amendment and its explanation raises serious questions about its possible application and could have dire unintended consequences that its signers and Nevadans would not support.

For example, it appears to grant full constitutional rights to embryos and dead people, as it defines “person” as being anyone with a human genome “without discrimination as to age, health, reproduction method, function, physical or mental capacity, or cognitive ability”.

In addition, the petition description says that it “guarantees” that no one will be deprived of “life, liberty or property without due process of law” but also states that it “prohibits state intrusion in end of life decisions.” It is therefore also unclear whether the amendment would increase an individual’s right to control end of life decisions or if it would conversely require State intervention before a living will could be effectuated.


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