An Examination of Mississippi’s Proposition 26

This Tuesday, the voters of Mississippi will have the opportunity to vote on Proposition 26 which states: “As used in this Article III of the state constitution, the term ‘person’ or ‘persons’ shall include every human being from the moment of fertilization, cloning or the functional equivalent thereof.” This is making national headlines as it is rightly seen as a strategic moment in legal history. The implications of Proposition 26 could affect a variety of issues involving the use of fertilized eggs. I do not wish to give a technical legal examination of Prop. 26. Such an examination has already been done quite well here. According to Professor Green, Prop. 26 will not do very much on its face. It certainly will not overturn Roe v. Wade as some have erroneously asserted. However, I do think that Prop. 26 is an important opportunity to examine our own thoughts and reactions about life and the proper role of government.

I have seen a number of very bad arguments against Prop. 26. I will handle them quickly.

  • Prop. 26 pushes private values into the public square. – This is a variant of the old line, “You can’t legislate morality.” In point of fact, you can’t legislate much else besides morality. Take a look at our laws. Nearly all of them are grounded on morality. To the issue of “private values,” however, we can say that Prop. 26 is pretty decidedly public. It is seeking to define “person” in the state constitution. Continue reading