Personhood: Are the Preborn Protected by the Constitution?

Posted by | February 19, 2014 | News, Uncategorized | No Comments

The following article was written by Rep. Randy Garber (Sabetha) and published in several newspapers in Northeast Kansas:

In 1973 the Supreme Court of the United States issued an opinion that abortion on demand was legal. Since then more than 50 million abortions have been performed in our country. However, the key to protecting the most vulnerable and defenseless among us is embedded in the very opinion that legalized this horrendous act.

In what has come to be known as the “Blackmun Hole,” Justice Harry Blackmun wrote that “if this suggestion of (preborn) personhood is established, the (pro-abortion) case, of course collapses, for the fetus’ right to life would then be guaranteed specifically by the (14th) Amendment.”

Blackmun was acknowledging that the case for decriminalized abortion relied on the fact that the preborn had never been recognized as legal “persons.”

The second paragraph of the Declaration of Independence says: “We hold these truths to be self-evident, that all men (persons) are created equal, that they are endowed by their Creator with certain unalienable Rights, which among these are Life, Liberty and the pursuit of Happiness.”

The Kansas Bill of Rights begins with a similar phrase: “All men (persons) are possessed of equal and inalienable rights, among which are life, liberty and the pursuit of happiness.”

I added the word (persons) because I believe the original intent of our founding fathers included all human beings. I assume anyone reading those two phrases today would agree that the life of each individual person is protected by law.
So the question is: when does one become a person? I would suggest the technology of our day clearly indicates that life begins when the human adult female egg is fertilized. Those who are educated in the field say that all DNA information that makes each individual a unique person is available the moment of conception.

The 2011 legislative session was my first year to represent the citizens of the 62nd District. I introduced HCR5029. This resolution would have given the people of Kansas a chance to voice their opinion at the ballot box by giving them an opportunity to support or reject a constitutional amendment that would protect the rights of all Kansans, including those not yet born. HCR5029 did not receive a hearing in 2011 or 2012. It died in committee.

In 2013 the same legislation was introduced in HCR5010. It languished in committee during the 2013 session and still remains there. My goal for this resolution is to allow the people of our great state to let the rest of the country know where we stand concerning the protection of every person.

As I write this, more than 3,000 Kansas residents have signed petitions which state: “We the undersigned, recognizing the right of life is the paramount and most fundamental right of a human being pledge our support for an amendment to the Kansas Constitution recognizing the legal personhood for each human being.”

I urge those who agree to go to the website at, click on resources under the take action tab. Then print off a petition and sign it. I encourage you to be active and collect signatures from friends and family. Send all signatures to the address at the bottom of the petition.

I am pleased to represent the fine people of District 62 and look forward to your input on this issue and any others you would like to address.

Contact information: 2424 Timberlane Ter., Sabetha, KS 66534. Ph. 785-285-1238 or
Until next time, may the blessings of God be yours.

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