Lawsuits Seek To Prevent Nev. 'Personhood' Ballot Initiatives

October 17, 2011 — The American Civil Liberties Union of Nevada and Planned Parenthood Federation of America have filed two lawsuits seeking to prevent ballot initiatives that would ask Nevada voters whether the state constitution should define life as beginning at conception, the Nevada News Bureau reports (Whaley, Nevada News Bureau, 10/14).

The first suit was filed on Thursday on behalf of six state residents against Personhood Nevada and Secretary of State Ross Miller to prevent a so-called "personhood" initiative on the November 2012 ballot (Ritter, AP/WSLS, 10/14). The second suit, filed on Friday, targets a similar initiative by the Nevada Prolife Coalition (Nevada News Bureau, 10/14).

The Personhood Nevada initiative states, "The term 'person' includes every human being." The accompanying description of the measure describes protections for the "fundamental right to live" for "pre-born children" from "the beginning of biological development until death" (AP/WSLS, 10/14).

The plaintiffs argue that the initiatives are vaguely worded and, if approved, could deny women access to birth control, treatment for miscarriages and in vitro fertilization. Allen Lichtenstein, general counsel for ACLU of Nevada, said in a statement that the initiatives "violate the basic requirement of the initiative process -- not to mislead the voter." He added, "The initiatives are so confusing that voters may not realize they are being asked to ban vital health services" (Baker, "Healthwatch," The Hill, 10/14).

Anna Maria Serra-Radford, president of Personhood Nevada, said she anticipated that abortion-rights groups would argue that the language is unconstitutionally vague and misleading.

In 2010, a judge blocked a similar initiative by Personhood Nevada because it was too vague; would affect constitutional rights to "life, due process, equal protection, and search and seizure"; and could affect state criminal law and have "many social implications" (AP/WSLS, 10/14).

Supporters of the latest versions need to collect more than 72,000 signatures by June 19 to place the measures on the November 2012 ballot. Voters would need to approve the measures in 2012 and again in 2014 for the changes to become law (Nevada News Bureau, 10/14).