Arizona Measure Would Make it a Right to Kill Babies in Abortions
A measure that would add an amendment to the Arizona state constitution that would make abortion a “fundamental right”—the “Arizona Abortion Access Act” — has enough signatures to get on the ballot, the Arizona secretary of state’s office confirmed on Monday.
Supporters of the Arizona Abortion Access Act—which will be identified on the ballot as Proposition 139—got 577,971 signatures. That is roughly 50% more than the 383,923 signatures needed.
“The proposed amendment would allow abortions until a fetus could survive outside the womb, typically around 24 weeks, with exceptions to save the mother’s life or to protect her physical or mental health,” Rio Yamat reported for the Associated Press. “It would restrict the state from adopting or enforcing any law that would prohibit access to the procedure.”
The “exceptions clause” swallows the rule that “limit” abortions to around 24 weeks, making clear that abortion is legal throughout pregnancy. For good measure, Proposition 139 would “restrict the state from adopting or enforcing any law that would prohibit access to the procedure.”
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An 1864 abortion law, codified in 1901 and 1913, permitting abortions only to save the mother’s life, had been blocked since the June 2022 U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization that overturned Roe.
Last April, the Arizona Supreme Court upheld the 1864 abortion law, but the legislature voted to repeal the ban which Gov. Katie Hobbs signed.
Earlier this month, “Maricopa County Superior Court Judge Melissa Julian rejected a series of claims by Arizona Right to Life that signers of the petition to put Proposition 139 on the ballot may have been misled,” according to Howard Fischer.
“In an extensive ruling Julian rejected claims that the description of the initiative, which has to be attached to all petitions, was worded in a way that some people signed it not knowing what was in the measure. And that, attorneys for the challengers argued, meant there is no way to know how many of the more than 820,000 individuals who signed to put it on the ballot might have made a different choice if they had other information.”
Arizona Right to Life noted that in their press release that AZRTL “had presented initial oral arguments in the challenge against Arizona Abortion Access Act, calling into question the ballot initiative’s deceptive 200-word description.” Their press release went on to say
AZRTL’s counsel mentioned that the “word salad” of the 200-word description used such broad language that an average person cannot fully understand the thrust of this initiative. “Elevator language” and a legally insufficient description ought to be disqualified from appearing on the ballot in November.
“It was misleading to most people and if they created an elevator speech that cut through legalese we wouldn’t be here,” AZRTL Attorney Jennifer Wright stated during oral arguments.
Meanwhile Arizona For Abortion Access Act’s attorney, Austin Yost, stated that the initiative they put forth supports “unrestricted abortion before AND after fetal viability.” Proponents of this measure have previously denied this.
“This is what we have been saying all along – abortion up to birth,” AZRTL Board Member Jill Norgaard said. “They have lied to voters, collected signatures fraudulently, and we will be presenting video evidence of this deceit. We will continue to fight this battle and educate Arizonans.”
LifeNews.com Note: Dave Andrusko is the editor of National Right to Life News and an author and editor of several books on abortion topics. This post originally appeared in at National Right to Life News Today —- an online column on pro-life issues.