Las Vegas Sun

March 29, 2024

Judge prohibits anti-abortion group from gathering signatures for ballot initiative

CARSON CITY — A district judge has ruled the language in a proposed constitutional amendment aimed at banning abortion is too vague and confusing and cannot be presented to the voters.

Judge James E. Wilson granted an injunction to stop a group called Personhood Nevada from going forward with its initiative petition, the so-called personhood amendment. Wilson said he expects his ruling to be appealed to the Nevada Supreme Court.

On Monday, Wilson ruled on another petition seeking the same end but using different language and amending different laws. He held that petition met the standards and the group could start gathering signatures.

The current petition seeks to change the word in the constitution referring to "human being" to "person." Advocates seeking to ban abortion maintain there is a "discriminating distinction" between a human being and a person. The state has the obligation to protect the rights of all persons from beginning of "biological development" until death. The judge questioned whether voters asked to sign the petition would know what "biological development" means and wondered why the proponents didn't instead say "conception."

Two years ago, District Judge Todd Russell rejected a similar petition. Wilson said he has not read Russell's decision.

Responding to the decision, Gary Kreep, a Ramona, Calif., lawyer representing Personhood Nevada, said there are other ways to address the issue beyond an appeal. He declined to elaborate.

Judge Wilson ruled from the bench after 45 minutes of arguments. He said he did not see how changing the word to "person" in the Constitution would have any impact. He said people being asked to sign the petition must understand what they are signing.

To get a proposed constitutional amendment before the voters, proponents must gather the signatures of 72,352 voters with at least 18,088 in each of the four congressional districts. The petition must be submitted before June 19 to qualify for the November ballot. It would also have to be approved in the 2014 election.

Neither anti-abortion group has collected any signatures.

Elisa P. Cafferata of Nevada Advocates for Planned Parenthood Affiliates said she was pleased with the ruling. She said a decision has not been made whether to appeal Judge Wilson's earlier ruling allowing the other anti-abortion effort to go forward.

In the arguments, Alexa Rebecca Kolbi Molinas of the American Civil Liberties Union said the proposed constitutional amendment "in no way discusses the purpose" of the initiative.

She argued the proposed amendment is too general and will affect many existing laws.

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