Judge Criticizes Arizona GOP’s Term ‘Unborn Human Being’ in Abortion Rights Ballot Issue

Republican lawmakers breached state law by using the phrase “unborn human being” in a voter information pamphlet concerning the Arizona Abortion Access Act, ruled a Maricopa County judge on Friday.

Judge Christopher Whitten of the Maricopa County Superior Court stated, “The only issue before the Court is whether the phrase ‘unborn human being’ as approved by the Legislative Council is ‘an impartial analysis of the provisions of (the subject) ballot proposal’ as required by (Arizona law). It is not.”

According to state law, summaries of ballot measures must be impartial when included in voter publicity pamphlets. A panel of eight Republicans and six Democrats created the controversial description of the abortion rights initiative, which led to the campaign challenging the phrase in court.

Supporters of the abortion rights proposal argued that the term “unborn human being” introduces political bias and should be replaced with the medically accurate term “fetus.” Legal representatives of the eight GOP legislators maintained that since the phrase is quoted from the existing state law limiting abortion to 15 weeks, it should be deemed impartial.

Whitten rejected the argument that quoting state law ensures impartiality. He noted that language used in laws does not inherently meet the impartiality standards required for voter summaries. “The court is not persuaded that every word chosen by the legislature in every statute it enacts is intended to be neutral in character,” he wrote.

Judge Whitten highlighted prior court decisions, emphasizing that any language suggesting advocacy, misleading voters, or displaying partisan bias is illegal. He further noted that even accurate wording can violate impartiality standards if it uses provocative phrasing. GOP lawmakers claimed “unborn human being” is medically accurate, but Whitten found the term too emotive and partisan.

Consequently, Whitten ordered the Legislative Council to remove the phrase from the voter pamphlet. However, he left it to lawmakers to create a new, impartial description.

Cheryl Bruce, campaign manager for Arizona Abortion Access for All, hailed the ruling as a victory for voters. “We are pleased to be one step closer to making sure Arizona voters get accurate and impartial information about our citizen-led effort to restore abortion access before they vote this fall,” she remarked. She also noted the possibility of further legal battles.

The proposed ballot measure would enshrine abortion rights in the state constitution, allow access up to around 24 weeks of gestation, and invalidate restrictive abortion laws, including the current 15-week limit. It also provides exceptions beyond fetal viability for the preservation of a patient’s life, physical, or mental health.

Republican leaders condemned Whitten’s decision and pledged to appeal. House Speaker Ben Toma, who chairs the legislative panel that approved the summary, criticized Whitten for what he saw as judicial overreach. “The ruling is just plain wrong and clearly partisan if the language of the actual law is not acceptable,” Toma said.

Senate President Warren Petersen expressed confidence that the ruling would be overturned on appeal. “The judge’s ruling is partisan,” he said in a statement. “I’m confident he will be overturned on appeal.”