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As a Right to Life organization you would think from initial appearances that Right to Life of Montana should jump on board supporting the Personhood Amendment and be out front leading the charge. However, as a right to life organization and an affiliate of National Right to Life (NRLC), we have certain protocol to follow. One is to vote on this endorsement after looking at all the facts, not just the sound bites coming from the Personhood Amendment promoters, who call themselves “Montana Pro-Life Coalition.” We as an affiliate of NRLC can utilize their assets, and their legal experts, such as Jim Bopp, the NRLC national attorney, who has worked in the field of Pro-Life Law for many years.
Jim Bopp wrote an 11 page synopsis of the Personhood Amendment and explained in depth why we should not endorse it at this time, as did Clarke Forsyth of Americans United for Life (AUL). Both of these men are leading scholars of Constitutional law. Right to Life of Montana has a Board of Directors and as the Executive Director of this Board of Directors, and also as the NRLC delegate for Montana, the Board looks to me for insight into legislation and anything political. It is my job to digest the information and get it to the Board with my recommendations. It was my input and recommendation that Right to Life of Montana not get endorse this Personhood Amendment. They did not have to go with my recommendation, but after serious condideration, they agreed that to endorse this amendment at this time would be a serious tactical mistake. I am listing the reasons below and then will make a short response to the letter from Cal Zastrow:
1. Constitutional Initiatives in the Pro-Life movement have failed miserably including ones that we poll high on, such as Parental Notification, Partial Birth Abortion and Taxpayer Funded abortions. The pro-abortion side outspends us 3-1.
2. If the Montana Personhood Amendment people get enough signatures on the ballot they have no money raised to combat the media campaign that will come from the other side. The Montana Personhood Amendment will need a minimum of 6.8 million dollars just to match them. (This was at our last estimate.)
3. The Personhood Amendment last year raised more money for Planned Parenthood here in Montana and increased their database of names. Planned Parenthood spent over 1 million dollars last year just to keep them from getting enough signatures. The Montana Personhood Amendment was over 20,000 signatures short. They have initiated a similar campaign in this election cycle, and have been emboldened by the support they are getting from events in Washington, D.C.
4. If it gets on the ballot and it gets voted in, it will go the Montana Supreme Court.
5. If it gets through the Montana Supreme Court, it would then go to the 9th U.S. Circuit Court of Appeals in San Francisco. This is historically a very liberal court, and supportive of abortion rights.
6. It would then go the U.S. Supreme Court no matter who wins in the 9th, but the U.S. Supreme Court does not have to hear the case. However, if it went there, the Court makeup is 4 liberals, 4 conservatives and Justice Kennedy. Kennedy wrote an opinion opposing Partial Birth Abortion and said that he believes in Roe v. Wade with restrictions. In other words, he believes in the right to abortion with restrictions. If the case gets to the 9th Circuit or U.S. Supreme Court, it will, in all likelyhood, concrete Roe v Wade.
Cal Zastrow, a leader in promoting this amendment, has written some interesting comments, most of which are erroneous. Does it not make all wonder why the three largest, most active, and most successful Pro-Life organizations in Montana are not endorsing this amendment? Montana Catholic Conference, the Montana Family Foundation and Right To Life of Montana are not supporting the Personhood Amendment. The three organizations met in Bozeman in June and all agreed that the Personhood Amendment was not a good idea at this time. The Montana Pro-Life Coalition did ask us to support them and our recommendation was for them not to go ahead. They were unwilling, or unable to postpone their action until a meeting with us could be arranged. Their response is obvious as they have chosen to push ahead despite all three organizations strenuous objections. Although we did not meet with the Eagle Forum and Concerned Women of America, they also decided not to support the Personhood Amendment at this time.
Cal Zastrow, has maintained that also mentioned that Roe V Wade is not law, because it was never enacted by a legislative body. If it is not law, then why are abortions legal? Why do the sitting members of the U.S. Supreme Court say that Roe is the "law of the land". Reality is that Roe is law, maybe not in the strictest terms that it was created by legislation, and, yes, it was just an opinion, but, "It is what it is".
The Montana Personhood Amendment people have an agenda. They have not shown a good faith intention to develop a true coalition involving reasonable dialogue with other well-established Pro-Life groups. Consistently, they point to judicial tyranny and offer no realistic strategy of how they propose to end it. Cal is right in maintaining that the Congress has the power to impeach Federal Judges. But when has this happened to the benefit of a Conservative cause?
In this past legislative session the Personhood Amendment was put forth by Dan McGee, it did get out of the Senate but only because several Senators who like Dan voted for it, knowing he did not have enough votes to get the 2/3s (100 total) needed from the Montana House. When the Amendment was presented in the House Judiciary committee, testimony was passed out by a member of the Montana Pro-Life Coalition that said that God's vengeance was served on the family that died in the Butte plane crash because the owner of the plane owned abortion mills in California. This testimony offended the Democrats and several Republicans on the Judiciary committee and so the next morning when executive action took place on this bill and several other pieces of Pro-Life legislation, they all failed, on party line votes. Parental Notification and the Unborn Victims of Violence bills were included in those that were voted down. I am not blaming the Montana Pro-Life Coalition exclusively, for the failure of these bills but sometimes people do not consider the ramifications of their actions and how much work a lobbyist like myself does behind the scenes, and how easily it can be undermined.
The Montana Pro-Life Coalition is not considering the probable consequences of their Personhood agenda: increased funds for Planned Parenthood, another Pro-Life failure, and most of all - the ability for the other side to concrete Roe v. Wade and rewrite the interpretation of the 14th Amendment to the U.S. Constitution.
I believe that the MTPLC has their hearts in the right place to try and save babies - but their actions and agenda are wrong and they are racing forth with blinders on, unable to see the road ahead clearly. The result is the potential for a crippling disaster.
I implore you to be cautious when approached to sign the Personhood Amendment petition. Montana Pro-Life Coalition will be at the polls in June to try to get the requisite number of signatures. Please do not be deceived by the appearance that this is the right thing to do... It is not.
To those of you who have read this, I am available to speak with if you have any questions. Call the Right to Life of Montana office at 443-0827 or e-mail me at gtrude@aol.com.
Gregg Trude,
Executive Director,
Right to Life of Montana
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