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Court Clears Mississippi Personhood Amendment For 2011 Ballot

By Howard M. Friedman

In Hughes v. Hosemann, (MS Cir. Ct., Oct. 26, 2010), a Mississippi state trial court judge cleared the way for a "personhood" amendment to appear on the November 2011 ballot in the state.  Challengers argued that Initiative Measure Number 26 violates Sec. 273(5)(a) of the Mississippi Constitution that bars use of the initiative procedure to propose, modify or repeal any portion of the state constitution's Bill of Rights.  Without elaboration, the court stated merely that plaintiffs had not carried the "heavy burden" required to restrict the citizenry's right to amend the state's constitution. The proposed constitutional amendment would define the word "person" as used in the state constitution to include "every human being from the moment of fertilization, cloning or the functional equivalent thereof." Liberty Counsel issued a press release commending the court for its "commonsense ruling."

Full post as published by Religion Clause on October 27, 2010 (boomark / email).