National Review Online's Ian Tuttle disregarded history when dismissing fears that "personhood amendments" and fetal-homicide laws could open the door to criminal prosecutions for women who have miscarriages or abortions. Women have already been prosecuted for miscarriages in several states, and personhood advocates are explicitly pushing to end legal abortion. In an October 21 article, Tuttle wrote that "liberals are lying about personhood amendments" like Colorado's proposed Amendment 67, which would define "'person' and 'child' in the Colorado criminal code and the Colorado wrongful death act to include unborn human beings." Tuttle asserted that opponents are mischaracterizing personhood amendments to claim they would make abortion illegal and allow the prosecution of women who have had miscarriages: That is the talking point of opponents such as Planned Parenthood, NARAL, and Vote No 67, the main opposition campaign, which says that "any woman who suffers a miscarriage would be open to investigation for murder." This feverish scenario runs contrary to both experience and law. Since 2006, Alabama has defined "person" in its homicide statute to include "an unborn child in utero at any stage of development, regardless of viability." No women have been investigated for miscarriages in Alabama.

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