The California Human Rights Amendment

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The California Human Rights Amendment
Endorsed by the California Republican Assembly

Guest Column
by Mary Kuper

Did you ever think we’d have to define marriage in California?!

Now through the California Human Rights Amendment (CHRA) we are defining when life and human rights begin.

The CHRA will amend the California Constitution and define personhood based on human rights commencing at biological beginning (e.g. conception). This important initiative will ensure that a preborn baby of any age has the same equal rights and full protection under law as adults. This initiative will protect and defend the most vulnerable members of our society – our preborn children.

Consider this: In the Roe vs. Wade decision, Justice Harry Blackmun declared, “If this suggestion of personhood is established, the appellant’s case [the case for abortion], of course, collapses, for the fetus’ right to life would then be guaranteed specifically by the [14th] Amendment.”

This is what is happening across the country. States are defining what the term ‘person’ means in their own laws.

Some good meaning folks say, “The American system of government does not allow individual states to define ‘personhood’.” However their statement is incorrect, as states are free to define terms used in their own laws as long as they do not conflict with specific federal definitions of the same term. The word ‘person’ is used 21 times in the United States Constitution and 38 times in amendments to the constitution. However, it is not defined anywhere in the document. Since there is no federal definition of ‘person,’ states are free to define what the word ‘person’ means in all state documents. While it is true that no state can unilaterally define what ‘person’ means in federal documents, in the absence of a federal definition that would conflict, each state can define the term for their own use.

Why now is the time for California Human Rights Amendment

• A recent Gallup Poll stated for the first time since 1955 the majority of Americans, 51%, are now pro-life.
• Life and abortion funding is front and center in heated discussions over health care reform. Americans are rising up against abortion.
• Modern science is crystal clear that life begins at conception.
• New ultrasound technology shows a beating heart at 8 weeks, and 90% of abortive women choose life when they are shown their baby in the womb.
• This “Personhood” movement is transpiring in 40 states across our great country. For example, Colorado and Mississippi just qualified for the ballot.
• Since 1973 an entire generation – +40 million have been lost – think about how those lives could have contributed to our society not to mention our social security.

How can you help?

The CHRA is in the process of qualifying for the November election. 1.2 million petition signatures are needed by April 15.

Please visit and download/print the petition and collect 10-20 signatures from California registered voters. Engage your church.

• Call (800) 836-4937 to order petitions if you’d rather not download/print.
• Mail the petition back by April 15 (mailing address is located on the bottom of petition).
• Tell fellow Conservatives about this important initiative
• This is a grass roots effort – no professional signature collectors are being paid – rather each of us is held accountable for this important initiative to qualify. Hence a huge pro-life coalition is being formed – a voter base which is educated, activated and engaged for the GOTV in November.

Here is what a few of our colleagues are saying about CHRA:

Dr. Jim Garlow, Pastor, Skyline Church, La Mesa
“Is it not amazing that we are forced, in our so-called advanced society, to defend the notion of personhood? Is it not shocking that supposedly bright people will not protect the most innocent and helpless person the one in the womb? The “Personhood Test” puts the onus on those who favor the mutilation of a baby in his or her mother’s womb. This test places the burden of proof exactly where it should be, on those who say they are so-called “pro-choice” (though the baby never has a choice). Those who say, “I am personally against abortion, but …” need to be exposed for what they are: fundamentally unwilling to defend “persons”. That is why every caring, compassionate, thinking, rational human would and must support a Personhood Amendment.”

Dr. Alveda C. King, niece of Dr. Martin Luther King, Jr.
“In most states, including California, a tort committed against a child in the womb is actional in civil law, and an injury is actionable in both civil and criminal law. The only exception to this standard is when the woman chooses to abort. A woman has a right to choose what she does with her body. The baby is not her body. Where is the lawyer for the baby? This is why I support the California Human Rights Amendment.”

Tony Perkins, President, Family Research Council
“Other states should draw inspiration from the commitment and perseverance of those behind the California Human Rights Amendment. This is not about party affiliation or ideology. This is about recognizing the sanctity of human life and citizens’ obligation to enact laws to protect it. I applaud the cause of the California Human Rights Amendment and praise its supporters for not sitting idly by, and instead, taking action to protect those who cannot defend themselves.”

Please join in this movement to defend our preborn children. It’s time to put an end to abortion once and for all. The California Human Rights Amendment is the first step. Thank you.


Mary Kuper is a businesswoman who lives in Escondido. She has a background in commercial real estate development. Mary was very active in garnering support for proposition 8. She is a conservative Republican activist. She can be reached at


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