robin.jpgCures without Cloning filed a lawsuit Friday against MO Secretary of State Robin Carnahan.
They want to add an initiative question to the next MO election ballot asking voters whether they want to ban somatic cell nuclear transfer, i.e., human cloning. Simple. Straightforward
They’re exposing and attempting to fix language deceptive human embryonic stem cell/cloning supporters added to the 2006 initiative, which was to say it banned human cloning, when it did the opposite simply by changing the definition of cloning.
Carnahan’s job as SOS was to review the new initiative and write a ballot summary. Here’s what she came up with….

… to repeal the current ban on human cloning or attempted cloning and to limit Missouri patients’ access to stem cell research, therapies and cures approved by voters in November 2006.

A total mischaracterization.
When even liberals agree Carnhan did something shady, it’s bad. Pro-human embryo experimentation St. Louis Dispatch columnist Bill McClellan scolded Carnahan:

Reverse course, Robin. You’re wrong.
Ever since voters narrowly passed Amendment 2 (stem cell initiative) last year, opponents of that amendment have argued that the voters were deceived by misinformation and cloudy language.
In particular, the opponents have argued that the summary for Amendment 2 was misleading when it stated that the amendment would ban human cloning. They argue that somatic cell nuclear transfer – the transplanting of DNA into an unfertilized egg to grow stem cells, a technique protected under the amendment – is the first step in human cloning. They ask, How can you say you’re banning something when you’re protecting it?
Proponents of the amendment answer that the amendment prohibits implanting the cloned cells in a womb, and therefore it really does ban human cloning….
The opponents of Amendment 2 want to put the issue to the voters again. They want to amend the definition of human cloning… to ban somatic cell nuclear transfer.
That seems clear….
It is the job of the Secretary of State to summarize the issue in simple language. In this instance, the proposed summary states that the initiative would “repeal the current ban on human cloning” and “criminalize and impose civil penalties for some currently allowed research, therapies and cures.”

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Come on, Robin. Repeal the current ban? That’s confusing. It would expand the ban. Criminalize and impose civil penalties for some currently allowed research, therapies and cures? That’s loaded language. Just say it would prohibit research that is currently allowed under both state and federal law….
[Cloning opponents] have the right to clear language. Everybody should be able to understand what this is about. This is not an effort to repeal the current ban on human cloning. This is an effort to amend the definition of human cloning to include somatic cell nuclear transfer. This is
not about stopping stem cell research. This is about stopping embryonic stem cell research.
If the language isn’t clear, nothing will be resolved. Amendment 2 was supposed to ensure the legality of embryonic stem cell research and establish Missouri as a safe place to do cutting-edge research. That did not happen….
The current mess is the result of fuzzy language, language that allowed the opponents of Amendment 2 to cry foul. Let’s not repeat our mistakes. Win or lose next time, let’s be done with it.

Beyond challenging Carnahan’s misleading description of the intiative, some are calling for her impeachment, since she has taken at least $25k from pro-human cloning groups.
The lawsuit contends this is a constitutional free speech issue. Bullet points:

  • Communicating with MO citizens about an initiative measure is core political speech, subject to heightened First Amendment protection.
  • The government has attached its own speech to our measure, drowning out some of our message.
  • At a minimum, this will make it more expensive and time-consuming to get our message to our supporters and other MO citizens. It also increases the probability that at least some of these individuals will not actually get our message at all…. It will also make us alter our own speech and adopt a different campaign than we would have adopted had the government remained truly neutral.
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  • This is an undue burden on our First Amendment right to speak on this issue. There is no compelling government interest in engaging in its own speech for or against this measure.
  • Even if there was a compelling government interest in engaging in its own speech for or against this measure, the ballot that voters see when they walk into the voting booth is not the place for the government to speak.
  • Even liberals and those who support cloning should agree with the right of MO citizens to have a fair chance to vote it up or down.

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