Court Strikes ‘Unborn Human Being’ from Abortion Ballot Measure Description

By Staff Reporter |

The Maricopa Superior Court has ruled against the Arizona legislature’s usage of the term “unborn human being” in an informational pamphlet intended for voters. This decision is part of the case titled Arizona For Abortion Access v. Toma.

In a concise, five-page ruling, Maricopa County Superior Court Judge Christopher Whitten determined that the phrase was not an “impartial analysis” of the Arizona Abortion Access Act (Proposition 139), a measure seeking to make abortion a constitutional right.

Whitten ordered the Legislative Council to replace “unborn human being” with a neutral term. He cited that although the Legislative Council’s analysis was not incorrect, its language had a “misleading tendency” by using “provocative phrasing” that compromised neutrality.

“The term ‘unborn human being’ carries significant emotional and partisan weight,” Whitten remarked. “It invokes strong reactions from both sides of the abortion debate.”

The ruling clarified that the legislative argument stating the phrase came from current law was irrelevant to its neutrality. Whitten emphasized that the court is unconvinced that legislative language is always neutral by default.

The Arizona Abortion Access Act aims to establish a fundamental right to abortion up until birth, provided a healthcare professional deems it necessary for protecting the mother’s life or health. Additionally, it seeks to prevent lawmakers from penalizing those who assist in obtaining abortions.

Arizona for Abortion Access, the organization advocating for the proposition, expects an appeal from GOP lawmakers following the court’s decision. The group remains optimistic about the progress.

“This is crucial progress toward enabling Arizona voters to make an informed choice on protecting reproductive freedoms,” stated the organization.

We won the publicity pamphlet lawsuit! Arizona voters are another step closer to having our say and restoring access to abortion in our state pic.twitter.com/UYqjAbijhf

— Arizona for Abortion Access (@azforaccess) July 26, 2024