Court Slams Committee’s Abortion Ballot Measure Wording as ‘Partisan’

A judge has ruled that a neutral phrase must replace “unborn human being” in a pamphlet summary for a proposed ballot measure on abortion rights. The term was labeled “packed with emotional and partisan meaning.”

Arizona for Abortion Access filed a lawsuit to replace what they called “politicized language” in the description of Proposition 139. This measure would permit abortions up to fetal viability, with exceptions for the mother’s mental health.

Republican attorneys wanted to keep the phrase, citing its common usage in state statutes. However, Maricopa County Superior Court Judge Christopher Whitten disagreed. “The court is not persuaded that every word chosen by the legislature is intended to be neutral,” Whitten wrote.

Judge Whitten ordered the Legislative Council to choose a neutral term for the pamphlet summary. The council, a Republican-led committee, analyzes ballot propositions for impartiality before they are sent to voters.

House Speaker Ben Toma plans to appeal Whitten’s ruling. “The ruling is just plain wrong and clearly partisan if the language of the actual law is not acceptable,” Toma said.

The council, which has a two-seat GOP majority, had initially voted to keep the phrase. Toma argued that including both “unborn human being” and “fetus” balanced the language, depending on one’s viewpoint.

Sen. Warren Petersen also called the ruling “partisan.” Cindy Dahlgren, spokeswoman for It Goes Too Far, an advocacy group opposing the measure, stated that the description should provide “common language” for voters.

Arizona for Abortion Access anticipates an appeal but feels positive about the ruling. “We are pleased to be one step closer to making sure Arizona voters get accurate and impartial information,” said Communications Director Dawn Penich.

The Legislative Council now faces the task of finding a neutral term. Arizona for Abortion Access attorneys suggested “fetus,” while Attorney General Kris Mayes proposed using “pregnancy.”

“This is important progress toward giving Arizona voters the power to make an informed decision in support of protecting reproductive freedoms,” Penich added.