LITTLE ROCK — Attorney General Dustin McDaniel on Tuesday rejected a proposed constitutional amendment that would ban some abortions in Arkansas.
McDaniel cited ambiguities in the measure submitted by Personhood Arkansas and said the text was misleading as to the relationship between the measure and federal law.
For example, the attorney general said, the ballot title makes no mention that the measure would prohibit the use of public funds for abortion except when the mother’s life is in danger and would authorize the Legislature to prohibit abortion under any circumstances to the extent permitted under the U.S. Constitution.
“Yet, the popular name makes no reference whatsoever to this emotionally charged subject,” McDaniel said, calling the measure’s name — The Paramount Right to Life — “a clear-cut example of the partisan coloring of ballots which we have uniformly condemned in our decisions holding that a ballot name must be fair and impartial.”
The attorney general also cited as ambiguous a provision in the measure ensuring “the right to life” to every “innocent person … including the unborn, at every stage of development.”
Independent reporting for Pine Bluff & Jefferson County since 1879.
McDaniel said the measure failed to acknowledge that its adoption would directly flout controlling law by the U.S. Supreme Court that a state law purporting to ban abortion at any stage of gestation except to save the life of the mother cannot pass constitutional muster.
The president of Personhood Arkansas, Preston Dunn Jr., of Blytheville, said late Tuesday afternoon that he had not read the attorney general’s opinion and would reserve comment on it. But he said his group would address issues raised in the opinion and resubmit the proposal.
“We are determined. We will try to overcome any obstacles that come before us,” Dunn said. “It’s important to us that this language gets into our constitution. It’s time to ask the people of Arkansas to take a stand for life.”
If the proposal is ultimately certified by the attorney general, Personhood Arkansas would have until July 6 to collect 78,133 signatures to place the proposed amendment on the November ballot.