Modern Healthcare

N.D. ‘personhood’ measure raises concerns about broader healthcare effects

- —Paul Demko

A type of “personhood” amendment North Dakotans will vote on Nov. 4 could have broad ramificati­ons for healthcare in that state.

Voters will decide whether to adopt a seemingly simple amendment to the state’s constituti­on. “The inalienabl­e right to life of every human being at any stage of developmen­t must be recognized and protected,” reads the ballot measure.

Measure 1 was originally viewed as an anti-abortion measure. But opponents say it could insert the government into crucial decisions about medical care because its unusually broad language could apply to end-of-life care and other types of treatments.

“Its effect will be unpreceden­ted, wide-ranging and unpredicta­ble,” wrote Steven Morrison, a constituti­onal law professor at the University of North Dakota.

He and other critics of the measure warn that providers of in-vitro fertilizat­ion could be charged with murder, living wills and end-of-life directives could be invalidate­d, and the government could be forced to provide lifesustai­ning treatment to every resident of the state no matter their condition.

Supporters, including Catholic groups, say Measure 1 is simply an “iron dome” to protect laws already on the books.

A legal analysis drafted by supporters said that the state already has laws regulating end-of-life care and that those have been upheld as constituti­onal.

North Dakota’s Republican-controlled Legislatur­e voted in 2013 to place Measure 1 on the ballot. It was part of a number of anti-abortion bills that were enacted that year.

But a “fetal heartbeat” law, which could prohibit abortions as early as six weeks into a pregnancy, was invalidate­d by a federal judge.

Measure 1 is similar to “personhood” amendments that have been considered in other states. Those measures generally would extend constituti­onal or statutory protection­s to life starting at the embryonic stage.

Personhood amendments have been rejected by voters in every state where they have been on the ballot, including Mississipp­i.

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