PRESS RELEASE: Court of Appeals Rules Cures Without Cloning Initiative is Not a Repeal

This statement was released today by Missouri Cures Without Cloning:

COURT OF APPEALS RULES CURES WITHOUT CLONING INITIATIVE IS NOT A REPEAL; CAMPAIGN WILL CONTINUE ON TO 2010

JEFFERSON CITY, MO – The Missouri Cures Without Cloning Initiative Campaign (CWC) won a partial legal victory today when the Missouri Court of Appeals ruled that part of Secretary of State Robin Carnahan’s ballot summary was “insufficient and unfair.” In the opinion, Judge Hardwick stated “Upon review of the Plaintiffs' initiative proposal, we find no language to suggest that it would repeal the ban on human cloning…. The Secretary's introductory language does not fairly summarize any goal or effect of the initiative proposal and is inadequate to give clear notice of its purpose.”

While this was a big victory for CWC’s efforts to present Missouri voters with a clean vote to ban human cloning in Missouri, we are disappointed the court upheld the unsubstantiated prediction that this amendment would limit patients’ access to stem cell cures and treatments. There is no basis for this assertion. We are evaluating our options regarding appeal to the Missouri Supreme Court and pursuing relief from the Secretary of State for violation of our constitutional rights.

Following is a statement by Lori Buffa, MD, chairwoman of CWC:

“While there is some satisfaction from today’s decision, the deadline to submit the approximately 150,000 signatures necessary to place the measure on the November 2008 ballot is Sunday. Clearly, it has been the intent of Robin Carnahan and those who support human cloning in our state to abuse the initiative process and prohibit
us from placing a true ban on human cloning on the ballot. However, justice delayed will not be justice denied. CWC will continue our educational efforts throughout this year and resubmit our initiative in November. Hopefully, by this time next year our vast organization of trained volunteer circulators will be collecting signatures for the 2010 election cycle.

“Missouri Cures Without Cloning is committed to banning human cloning and taxpayer funding of human cloning in Missouri. Our broad coalition continues to build support as we have gained thousands of supporters from all areas of the state. Momentum is on the side of our growing movement as Missourians become aware of the human cloning loophole in our constitution. As we continue to share the truth about human cloning in Missouri, more and more of our fellow citizens will join us in supporting a true ban on human cloning in 2010.”

Missouri Cures Without Cloning (CWC) is leading a broad-based, statewide coalition of grassroots organizations committed to prohibiting the cloning of human beings in Missouri. Interested citizens are invited to visit http://www.mocureswithoutcloning.com/ for more information.

Email to Mr. Rubin

We received an email from a supporter of Missouri Coalition for Lifesaving Cures that was dismayed by the recent email alert that MCLC sent out to its supporters. Here is the email we were copied in on:

Mr. Rubin,

I just wanted to drop you a quick note to let you know I am more than a little dismayed by this recent "Be Alert" email from your organization. Please understand, I am not against your movement in any way. I am, in point of fact, a huge supporter of stem cell research. However, I am an even bigger supporter of freedom.

If people oppose stem cell research they have every right to go out and collect signatures on petitions.

Do I hope they fail in their bid? Yes, of course. That, however, is not my point.

I see no logical reason for you to request people call a hotline in order that you be able to compile "information regarding the activity level of the anti-stem cell forces." This is a political action, not a war.

Honestly, the line "be sure to tell us when and where you spotted them, and how many individuals were involved" is at best, Orwellian in its scope. I can only imagine why you would want these locations and headcounts, and trust me, I hope my imagination is wrong.

Amendment I of the Constitution states, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances." This was ratified December 15, 1791 and it applies to everyone.

Obviously these people have what they feel is a grievance, and they are exercising their right to petition.

While I will continue to support stem cell research via other avenues, my faith in your organization has been severely damaged.

Regards,
M. R. Sellars
http://www.mrsellars.com/

Thank you to M. R. Sellars for allowing us to reprint his email in full.

Cures Without Cloning supports stem cell research, but is opposed to human cloning in any form.

Update on the Legal Battle for a Fair Ballot Summary

Yesterday, a panel of three judges from the Western District Court of Appeals heard the oral arguments regarding the Secretary of State's appeal of the Circuit Court ruling that her ballot summary was "unfair and insufficient". The oral arguments are the final step presenting both sides of the case to the court. Prior to yesterday's hearing, several hundred pages of "briefs" have been filed with the court from both sides. At this point, we have no indication of when the court will rule on the case. We will, of course, notify you immediately when a decision is reached.

We believe that no matter how many irrelevant side issues the cloners try to raise, the court cannot deny the basic facts as stated by our lead attorney, Eddie Greim. Eddie argued that Carnahan's summary improperly includes policy and social claims and more importantly does not include the central purpose of the proposed amendment, which is to ban human embryonic cloning.

"The statement really missed the legal core of this proposal," Greim said in an interview after the hearing. "Instead it made predictions and policy arguments and various other types of claims that don't belong in a summary statement." ("Missouri appeals court looks at stem cell ballot" by Margaret Stafford/AP Columbia Missourian, March 26, 2008)

Sitting in the courtroom for both the circuit court and court of appeals hearings, I cannot help but wonder how many taxpayer dollars have been spent by the Attorney General's office to defend the malfeasance of the Secretary of State. Clearly, Robin Carnahan's abuse of power has cost us, as Missouri citizens, in legal fees and time wasted and then we are also paying with our tax dollars for her defense!

What NOW?

Because we have such a large and wide spread volunteer army of circulators, we have opted to wait for the Court of Appeals ruling before circulating petitions. If the appeals court were to change even one word then we would have to reprint and distribute over 150,000 petitions while insuring the original petitions were destroyed. That challenge would be greater than working within a tight timeframe.

There is still a great deal of work to be done as we prepare. We continue to recruit and train volunteer circulators and coordinators across the state. If you have yet to be trained - we need you. Click here to volunteer today!

Patients First

"Mo. judge sides with anti-cloning forces"

The Baptist Press , in a story by Michael Foust, has reported on our recent court victory.

Pro-lifers in Missouri won a major court victory Feb. 20 when a state judge rewrote the ballot language of a proposed constitutional amendment that would ban all types of human cloning.

Read the full story.

New Ballot Summary

The following is the language that the judge handed down and is now certified to the Secretary of State:

Should the Missouri Constitution be amended to change the definition of cloning and ban some of the research as approved by voters in November, 2006 by:
• prohibiting human cloning that is conducted by creating a human embryo at any stage from the one-cell stage forward;
• prohibiting expenditure of taxpayer dollars on research or experimentation on human cloning; and
• allowing stem cell research for therapies and cures that complies with these prohibitions and the prohibitions of Section 38(d) of theConstitution?

Press Release: "Cures Without Cloning Statement on Court Ruling Upholding Challenge to Carnahan Ballot Summary"

This statement was released by Cures Without Cloning in response to today's court ruling.

Cures Without Cloning Statement on Court Ruling Upholding Challenge to Carnahan Ballot Summary

ST. LOUS, MO – Lori Buffa, MD, chairwoman of Cures Without Cloning, released the following statement regarding the ruling of Circuit Judge Patricia S. Joyce upholding the coalition’s challenge to the Secretary of State’s misleading and inaccurate ballot summary:

“This ruling proves what we’ve said along: that our clear, concise initiative would prohibit human cloning and the taxpayer funding of human cloning in Missouri.

“We are pleased that the courts have upheld our challenge to Secretary of State Carnahan’s blatant attempt to mislead the Missouri voters with her inaccurate ballot summary.

“It is unfortunate that Ms. Carnahan’s actions have needlessly delayed the democratic process, but we are now prepared to move forward with our efforts to prohibit the cloning of human beings here in Missouri.”

Cures without Cloning (CWC) is leading a broad-based, statewide coalition of grassroots organizations committed to prohibiting the cloning of human beings in Missouri. Interested citizens are invited to visit www.MOcureswithoutcloning.com for more information.