Brian Lyman

Montgomery Advertiser

A House committee Wednesday morning considered a constitutional amendment that would define the beginning of life at the moment of conception.

The bill, sponsored by Rep. Ed Henry, R-Hartselle, defines a person to “include any human being from the moment of fertilization or the functional equivalent thereof.” If passed by both Houses of the Legislature, the measure would go to Alabama voters in November.

“As we talk about the stages of life where we go through ... eventually, our life ends,” Henry told the House Health Committee Wednesday morning. “But it all begins and we have to determine where it begins, and to me, science makes it clear that it begins at fertilization.”

The language is identical to a 2011 measure put on the Mississippi ballot, defeated amid concerns about possible ramifications of the bill on birth control and medical treatments of pregnant women. Voters in North Dakota and Colorado defeated similar amendments in 2014. Alabama legislators have filed personhood amendments in the past, but they never received final passage.

Supporters of the Alabama legislation described the bill as anti-abortion legislation and urged its passage.

“Give (voters) a choice so they can have the opportunity to make a decision ... to say all persons, even those in the womb are human beings,” said Tijuanna Adetunjii, a Montgomery pastor and former candidate for the Alabama House of Representatives.

Dr. Jim Belyeu, an OB/GYN, said there was “no scientific basis” for arguing against life beginning at conception.

“The baby initiates the process of implantation,” he said. “Scientifically, pregnancy has been long recognized at beginning at fertilization, so anything that would prevent implantation would be considered abortion.”

Brock Boone, an attorney for the American Civil Liberties Union, was the only opponent to speak against the bill. He said the legislation could lead to unintended consequences, including an end to rape and incest exemptions in abortion laws and possible impacts on the availability of birth control.

“A woman’s use of many common forms of birth control would be a form of homicide,” he said.

Boone said during his remarks that the bill made him “ashamed to be from Alabama.” Henry, who called Boone “the devil” in subsequent remarks to the committee, said “we have open borders and he’s free to leave.”

Republicans on the committee did not speak to the bill, but committee Democrats suggested that supporters of the amendment should get behind other programs for children.

“I would hope we will be equally as passionate about the 550,000 children on Medicaid,” said Rep. John Knight, D-Montgomery.

The committee did not vote on the amendment Wednesday, but could at a later date.