Judge Criticizes GOP’s ‘Unborn Human Being’ Label as Biased in Abortion Rights Measure

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

Maricopa County Superior Court Judge Christopher Whitten emphasized in his ruling that the term does not meet the requirement for an “impartial analysis” of the ballot proposal.

State law mandates impartial summaries for all ballot measures in voter pamphlets sent out before elections. An eight-to-six vote in favor of the term along party lines led to a court case initiated by the campaign supporting the abortion rights initiative.

Proponents of the abortion rights measure argued that the term “unborn human being” injects political bias and should be replaced with the neutral term “fetus.” Attorneys for the GOP lawmakers claimed that the term’s inclusion in state law limiting abortion to 15 weeks justified its impartiality.

Judge Whitten rejected the notion that the term’s presence in state law makes it impartial, stating that legislation does not require neutral word choices. He pointed out that language in summaries must avoid being biased or misleading, citing past rulings that deemed even technically accurate but provocative language as violative.

The judge concluded that “unborn human being” is too partisan to be used in the ballot summary, as it carries significant emotional and partisan weight.

Whitten ordered the Legislative Council to remove the term from the summary, specifying that the replacement must be impartial. Cheryl Bruce, campaign manager for Arizona Abortion Access for All, welcomed the ruling but anticipated further litigation.

“We are pleased to be one step closer to ensuring Arizona voters receive accurate and impartial information,” Bruce stated, highlighting the importance of voters making informed decisions on reproductive freedoms.

If passed, the measure would codify abortion rights in the state constitution up to fetal viability, approximately 24 weeks, and invalidate existing restrictive laws, including the 15-week ban. Exceptions would still exist for preserving a patient’s life or health.

GOP leaders condemned Whitten’s ruling and pledged to appeal. House Speaker Ben Toma called the decision biased and criticized the judge for purportedly overstepping legislative boundaries.

“The ruling is clearly partisan,” Toma asserted. “The judge should run for the legislature if he wants to write the law.”

President Warren Petersen expressed optimism for a reversal on appeal, labeling Whitten’s ruling as partisan.