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arizona supreme court
Pamphlet on Arizona Abortion Measure Can Say 'Unborn Human Being'
"We are deeply disappointed in this ruling, but will not be deterred from doing everything in our power to communicate to voters the truth of the Arizona Abortion Access Act," said the campaign behind the ballot measure.
Aug 14, 2024
While celebrating that Arizona voters will get to weigh in on an abortion rights ballot measure this November, reproductive rights advocates on Wednesday blasted a state Supreme Court ruling about language in a related informational pamphlet.
Overturning a decision from the Maricopa County Superior Court, the Arizona Supreme Court ruled that Republican legislators' use of "unborn human being" to refer to a fetus in the pamphlet "substantially complies" with the state's impartiality requirements.
"The Arizona Supreme Court today reversed the trial court's well-reasoned ruling and held that the phrase 'unborn human being'—a watchword for anti-abortion advocates with no basis in medicine or science—is somehow impartial or objective," the Arizona for Abortion Access campaign said in a statement.
"This means that Arizona voters won't get to learn about the questions on their ballot in a fair, neutral, and accurate way but will instead be subjected to biased, politically charged words developed not by experts but by anti-abortion special interests to manipulate voters and spread misinformation," the campaign continued.
"We are deeply disappointed in this ruling," the campaign added, "but will not be deterred from doing everything in our power to communicate to voters the truth of the Arizona Abortion Access Act and why it's critical to vote YES to restore and protect access to abortion care this fall."
The Arizona Abortion Access Act is a proposed state constitutional amendment that would prohibit many restrictions on abortions before fetal viability and safeguard access to care after viability to protect the life or health of the patient. The office of Arizona's secretary of state formally certified the proposed ballot measure on Monday.
The campaign to get the measure on the ballot garnered national attention earlier this year, when the Arizona Supreme Court upheld an 1864 abortion ban that includes no exceptions for pregnancies resulting from rape or incest. Although Democratic Arizona Gov. Katie Hobbs signed legislation to repeal the ban less than a month later, reproductive rights advocates have continued to emphasize the importance of passing the amendment.
Arizona is one of several states where reproductive freedom measures are—or soon could be—on the ballot in November. Rights advocates have increasingly pushed and succeeded in passing such measures since the U.S. Supreme Court's right-wing supermajority reversedRoe v. Wade two years ago, which set off a fresh wave of GOP efforts to enact state abortion bans.
The battle over the Arizona pamphlet is connected to a broad push by the anti-choice movement to ultimately end abortion care by recognizing fetuses and embryos as people with legal protections and rights.
This strategy has even influenced the latest Republican Party platform, which says that "we believe that the 14th Amendment to the Constitution of the United States guarantees that no person can be denied life or liberty without due process, and that the states are, therefore, free to pass laws protecting those rights."
The platform was finalized last month, shortly before the Republican nominee, former President Donald Trump, announced U.S. Sen. JD Vance (R-Ohio) as his running mate—a decision that further stoked fears of what a GOP victory in November would mean for abortion rights at the federal level.
Trump and Vance are set to face Democratic Vice President Kamala Harris and Minnesota Gov. Tim Walz, who have strong support from reproductive rights groups. Planned Parenthood Action Fund president Alexis McGill Johnson recently declared that they "are the only people we can trust to ensure that everyone has the freedom to make decisions about their own bodies."
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As Hobbs Signs Repeal, Arizonans Push Abortion Rights Ballot Measure
"We cannot afford to celebrate or lose momentum. The threat to our reproductive freedom is as immediate today as it ever was," said the campaign behind the ballot initiative.
May 02, 2024
While Democratic Arizona Gov. Katie Hobbs on Thursday signed legislation repealing an 1864 abortion ban, reproductive rights advocates in the state reiterated that fuller freedom over family planning requires passing a November ballot measure.
In response to an
Arizona Republic opinion piece noting that there is no emergency clause in House Bill 2677, the law repealing the ban, "which means it won't go off the books until 90 days after the Legislature adjourns," Arizona for Abortion Access stressed that "Arizonans will still be living under a law that denies us the right to make decisions about our own health."
"We cannot afford to celebrate or lose momentum. The threat to our reproductive freedom is as immediate today as it ever was," the campaign behind the ballot initiative said, adding that only passing the Arizona Abortion Access Act "changes that for good."
The Arizona Abortion Access Act is a proposed state constitutional amendment that would prohibit many limits on abortions before fetal viability and safeguard access to care after viability to protect the life or physical or mental health of the patient. Arizonans were fighting for it even before the state Supreme Court reinstated the 160-year-old ban.
Even Hobbs recognized that the battle for reproductive freedom is far from over, saying Thursday that "today, we should not rest, but we should recommit to protecting women's bodily autonomy, their ability to make their own healthcare decisions, and the ability to control their lives."
"Let me be clear: I will do everything in my power to protect our reproductive freedoms, because I trust women to make the decisions that are best for them, and know politicians do not belong in the doctor's office," the Democrat pledged.
Her signature came just a day after the Arizona Senate approved H.B. 2677, following its state House passage last month. In both cases, a couple of Republican lawmakers voted with Democrats to advance the legislation—defying not only party members in the state but a national GOP that is hellbent on ending access to abortion care.
Democratic Arizona Attorney General Kris Mayes said Wednesday that the Senate vote "to repeal the draconian 1864 abortion ban is a win for freedom in our state" and she was looking forward to Hobbs signing the bill.
"However, without an emergency clause that would allow the repeal to take effect immediately, the people of Arizona may still be subjected to the near-total abortion ban for a period of time this year," Mayes acknowledged. "Rest assured, my office is exploring every option available to prevent this outrageous 160-year-old law from ever taking effect."
Law Dork's Chris Geidner pointed out that "on Tuesday—though technically unrelated—Mayes' office asked the Arizona Supreme Court to stay the issuance of the mandate in the case holding the near-total ban enforceable."
According to Geidner:
If granted, that would push the issuance of the mandate to July 25—90 days beyond the date when the Arizona Supreme Court denied Mayes' request for reconsideration—which would then block enforcement to at least 45 days beyond that, to September 8.
At that point, the repeal law passed on Wednesday likely will have gone into effect—meaning that the 15-week ban would remain the applicable law throughout this entire time—and the expected vote on the proposed constitutional amendment will be less than two months away.
Planned Parenthood Arizona took similar action after the Senate vote on Wednesday. The group's CEO, Angela Florez, explained that "we have said all along that we will use every possible avenue to safeguard essential care for our patients and all Arizonans, and that's exactly what we're doing with today's motion."
"While anti-abortion extremists in the state Legislature will continue to do everything in their power to undermine Arizonans' freedom and criminalize essential healthcare, Planned Parenthood Arizona is taking action to prevent a harmful total ban on abortion from taking effect in our state," Florez continued. "The court's April 9 ruling was both tragic and wrong, but it rested on trying to discern legislative intent. The Legislature has now spoken and clearly does not want the 1864 ban to be enforced."
"We hope the court stays true to its word and respects this long-overdue legislative action, by quickly granting our motion to end the uncertainty over the future of abortion in Arizona," added Florez, whose group supports the ballot measure.
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'One Step Closer': Arizona House Votes to Repeal 1864 Abortion Ban
"With a total ban still set to take effect June 8, the Arizona Abortion Access Act is needed now more than ever," one state campaigner said of a November ballot measure.
Apr 24, 2024
Three Republicans in the Arizona House of Representatives on Wednesday joined with Democrats to advance legislation that would repeal an 1864 ban on abortion—a development rights advocates welcomed while stressing that the fight is far from over.
The 32-28 vote on House Bill 2677—with GOP Reps. Tim Dunn (25), Matt Gress (4), and Justin Wilmeth (2) voting in favor—was the third attempt in as many weeks to pass repeal legislation since the Arizona Supreme Court upheld the ban.
"The state Senate could vote on the repeal as early as next Wednesday, after the bill comes on the floor for a 'third reading,' as is required under chamber rules," according toNBC News. Democratic Gov. Katie Hobbs on Wednesday toldThe Washington Post that "I am hopeful the Senate does the right thing and sends it to my desk so I can sign it."
Applauding the House passage of H.B. 2677, Planned Parenthood Advocates of Arizona president and CEO Angela Florez said that "today, Arizona is one step closer to repealing the state's Civil War-era total abortion ban. While the repeal still must pass the Senate, this is a major win for reproductive freedom."
"We must celebrate today's vote in support of abortion rights and harness our enthusiasm to spread the word and urge lawmakers in the Senate to support this necessary repeal bill," she continued. "Despite this step forward, Arizonans cannot stop fighting."
Florez noted that "even with the repeal of the Civil War-era ban, the state will still have a ban on abortion after 15 weeks of pregnancy that denies people access to critical care. And lawmakers continue to attack Arizonans' ability to access reproductive healthcare. Our right to control our bodies and lives is hanging on by a thread."
"Thankfully, voters will have the opportunity to take back control if the Arizona Abortion Access Act is on the ballot this November," she added. "Abortion bans are out-of-step with the will of Arizonans and will force pregnant people to leave their communities for essential healthcare. Planned Parenthood Advocates of Arizona will continue fighting to ensure everyone has the right to make decisions about their health and futures."
The Arizona Abortion Access Act is a proposed state constitutional amendment that would prevent many limits on abortions before fetal viability and safeguard access to care after viability to protect the life or physical or mental health of the patient.
The coalition supporting the amendment, Arizona for Abortion Access, highlighted on social media that the House-approved bill "did not include the emergency clause required to stop the 1864 ban from taking effect on June 8," meaning H.B. 2677 wouldn't apply until 90 days after the end of the legislative session.
Coalition campaign manager Cheryl Bruce said that "with a total ban still set to take effect June 8, the Arizona Abortion Access Act is needed now more than ever. We remain committed to taking these decisions out of the hands of extremist politicians."
Arizona is one of multiple states where rights advocates are promoting abortion rights ballot measures this cycle. Reproductive freedom is also dominating political races at all levels, including the presidential contest. Democratic President Joe Biden is set to face former Republican President Donald Trump in November.
"Donald Trump is responsible for Arizona's abortion ban. Women in the state are still living under a ban with no exceptions for rape or incest and have been stripped of the freedom to make their own healthcare decisions," said Julie Chávez Rodriguez, Biden and Vice President Kamala Harris' reelection campaign manager.
While the presumptive GOP nominee has tried to distance himself from the Arizona Supreme Court's reinstatement of a 160-year-old abortion ban, he has also campaigned on his three appointees to the U.S. Supreme Court who helped reverse Roe v. Wade.
"Trump brags that he is 'proudly' the person responsible for these bans and if he retakes power, the chaos and cruelty he has created will only get worse in all 50 states," Chávez Rodriguez said. "President Biden and Vice President Harris are the only candidates who will stop him."
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