The Mississippi Supreme Court refused Sept. 8 to prevent proposed Initiative Measure Number 26 from being placed on the November 2011 ballot. The initiative attempts to redefine the term “person” in the Mississippi Bill of Rights to apply at the moment of fertilization. The court did not rule on the constitutionality of the initiative, but instead said that it would not rule on any proposed measure before the election.
The initiative was challenged by a Mississippicitizen because it failed to comply with the ballot initiative process as set forth in the Mississippi Constitution, which forbids making modifications to the Bill of Rights.
“We're disappointed with the ruling,” said Nsombi Lambright, executive director of the ACLU of Mississippi. “A measure will be on the ballot that will allow the government to dictate what is a private matter that's best decided by a woman, her family and within the context of her faith.Mississippivoters should reject this intrusive and dangerous measure.”
“This initiative is extreme and could severely undermine women's access to birth control, in vitro fertilization and life-saving medical procedures,” said Bear Atwood, legal director of the ACLU of Mississippi. “This measure is harmful to women and has no place on the ballot.”
“It is unfortunate the court decided it could not review the initiative at this point in time, but the Mississippi Constitution is clear -- you cannot make any changes to the Bill of Rights through the initiative process,” said Alexa Kolbi-Molinas, staff attorney with the ACLU Reproductive Freedom Project.
“As a lifelong Mississippian, I am disappointed that this broad and intrusive measure has been allowed on the ballot,” said Cristen Hemmins, plaintiff in the lawsuit challenging the initiative. “I call on all voters to vote ‘no' on #26. The government should not be interfering with the personal and private health care decisions of Mississippi families.”