Anti-abortion initiative submitted after specifics added

CARSON CITY -- An anti-abortion group ordered by a judge to rewrite a Nevada initiative intended to ban abortions by preventing the intentional killing of a "prenatal person" filed a new measure Monday, seeking to address the court's concerns over a measure it withdrew.

District Judge James Wilson in December gave the Nevada ProLife Coalition permission to collect signatures but said its description of the effect of the measure was inadequate. Wilson ordered the measure rewritten, noting all potential ramifications, including effects on birth control methods, in vitro fertilization treatment and embryonic stem cell research.

That initial proposal was challenged by the American Civil Liberties Union and Nevada Advocates for Planned Parenthood Affiliates in Reno, who sued to block it on grounds that it violated Nevada's single-subject rule and that the explanation of its effect was misleading.

They argued the measure would outlaw common methods of birth control and medical procedures.

While Wilson allowed the initiative to continue, he rewrote it. But coalition backers objected to the judge's language and withdrew that proposed constitutional amendment on Dec. 30. "We won on the single subject ... but the judge basically crucified us on the description of effect," said Michael Peters, an attorney with the anti-abortion group.

Chet Gallagher, director of the Nevada Prolife Coalition, said the new proposal is more specific. "The court gave us the go-ahead to collect signatures. But we could not in good faith apply the description of effect that was essentially cut and pasted by the judge from the ACLU and Planned Parenthood," he said.

The latest proposal seeks to amend the state constitution, stating the "unalienable right to live of every prenatal person is protected."

It lists exceptions, including treatment for spontaneous miscarriage, cancer, ectopic and molar pregnancy, and twin-to-twin transfusion syndrome.

Birth control, embryonic stem cell research, in vitro fertilization or other assisted reproductive or scientific research procedures "that intentionally kills a prenatal person" would be prohibited.

No exceptions are made to allow abortions for pregnancies that occur from rape or incest. "No prenatal person shall be killed because he or she was conceived in rape or incest," the amendment proposal said.

It adds, "Defining 'prenatal person' ... has the effect of making illegal those intentional acts, which kill such persons, including fetal homicide and all surgical and/or chemical abortion."

To qualify for the November ballot, organizers must gather 72,000 signatures by June 19. It wasn't clear whether legal challenges would be filed.

Voters would have to OK it this year and in 2014 before it could take effect.