HB 107, a wildly unconstitutional attempt to establish fetal personhood in Alaska and to criminalize reproductive healthcare.
The bill is unconstitutional because it would add broad definitions of “person” and “life” that are intended to provide rights defined in the constitution to fetuses, embryos, and fertilized eggs starting at the point of conception. By adding these definitions to criminal code, and only criminal code, the bill is designed to put providers and people seeking a range reproductive healthcare – including abortion – behind bars and deter the provision of care.
But HB 107 cannot trump the state Supreme Court’s repeated recognition of Alaskans’ right to reproductive freedom, including the right to choose abortion, under Alaska’s constitutional right to privacy.
HB 107 is also unconstitutional because the definitions are vague and would create tremendous confusion and conflict with existing statutes. The right to due process in criminal law requires that people have the right to know precisely what conduct is prohibited and what is allowed. It is unclear how courts will handle these conflicts.
The bill is unconstitutional at its core and an attempted end-run around a fetal personhood amendment to Alaska’s constitution.
