Numerous flaws in ‘personhood’ movement, says family law expert

On Nov. 8, Mississippi voters will cast their ballots on Initiative 26, which would make every “fertilized egg” a “person” as a matter of law. “Many have rightly condemned this so-called ‘personhood’ initiative as an attack not only on abortion rights, but also on the ability to practice widely used methods of birth control, to attempt in vitro fertilization, and to grieve a miscarriage in private, without a criminal investigation by the state,” says Susan Appleton, JD, family law expert and the Lemma Barkeloo and Phoebe Couzins Professor of Law at Washington University in St. Louis. “But these criticisms fail to identify another flaw in the reasoning of the initiative’s proponents,” she says. “The proponents assume that attaching the label of ‘person’ to fertilized eggs, embryos and fetuses necessarily establishes a legal basis for criminalizing abortion, or even for requiring its criminalization.”