Arizona’s Supreme Court decided Aug. 14 that an embryo or fetus can be called an “unborn human being” in information pamphlets for voters ahead of the state vote on abortion.
This November, Arizona voters will decide whether to enshrine abortion as a right in their state constitution. The proposed amendment would allow abortions until fetal viability, or around 24 weeks.
“The permanent injunction and writ of mandamus granted by the superior court are vacated and the Secretary of State is authorized to prepare the publicity pamphlet,” the justices said.
Superior Court Ruling Overturned
Before they cast their ballots, voters will have the chance to review a publicity pamphlet with detailed descriptions of each ballot initiative. The Legislative Council, a committee of state lawmakers, wrote the pamphlet.Abortion advocates say the language used by the council, specifically calling an embryo or fetus an “unborn human being” is biased. Arizona for Abortion Access, a coalition of pro-abortion groups, including the ACLU of Arizona and Planned Parenthood Advocates of Arizona, sued the Legislative Council in July.
Praise and Condemnation
The Arizona Supreme Court decision drew swift criticism from the ballot measure’s backers, Arizona for Abortion Access, who argued the phrase “unborn human being” is neither impartial nor objective.“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,” Arizona for Abortion Access said.
“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 and why it’s critical to vote YES to restore and protect access to abortion care this fall.”
Arizona House Speaker Ben Toma, head of the Legislative Council, applauded the Supreme Court’s decision.
“The ballot analysis prepared by the legislative council is intended to help voters understand current law,” he said in a media statement.
“Arizona’s 15-week law protects unborn children, while the abortion initiative essentially allows unrestricted abortions up until birth. It’s really that simple. The Arizona Supreme Court’s ruling is correct.”
Abortion is currently banned after 15 weeks in Arizona, with an exception if the life of the mother is in danger.