As if the November 6 ballot didn’t have enough on it, a pair of proposed amendments to the New Hampshire constitution will be on there, too. One of them, Question 2, is about privacy. My opinion, for what it’s worth: I’m going to vote No.
There’s one way to get my vote on “privacy” language in the state constitution: make it abortion-neutral. Something like “nothing in this constitution secures or protects a right to abortion.”
Such neutrality is not written into Question 2, which says An individual’s right to live free from governmental intrusion in private or personal information is natural, essential, and inherent.
I know the sponsors’ intentions are good. They mean for the amendment to address “informational” privacy. That doesn’t change the fact that there’s been too much nonsense in other states from courts that have determined that a state constitution provides more protection for abortion rights than does Roe v. Wade, sometimes on the basis of privacy language in the constitution.
Anyone concerned with the right to life has known for more than 40 years how “privacy” has been torqued out of shape to accommodate abortion policy. Cornerstone Action (for which I’m a consultant) has contacted attorneys who reviewed the language of Question 2 and confirmed that there’s cause for concern. More from Cornerstone on Question 2 here.
I wrote about a related story over on DaTechGuy blog a few weeks ago. On the first day of its 2018-19 term, the U.S. Supreme Court declined to hear a challenge to a 2014 Tennessee ballot measure that put abortion-neutral language into the Tennessee constitution. Why was the ballot measure needed? Because a Tennessee court found in 2000 that the state constitution somehow provided a right to abortion broader than Roe.
It took 14 years for Tennessee voters to rectify the court’s error.
I have had earnest discussions about Question 2 with New Hampshire legislators and attorneys. Some see no need for concern. They can’t imagine any New Hampshire judge reading something into a constitutional amendment that sponsors didn’t intend. Others disagree.
Remember, judges in New Hampshire are nominated by a governor who calls himself pro-choice.
That’s my opinion. Yours may vary. See you at the polls.