Legal Battle Heats Up: Court to Decide on Abortion Ballot Language

Abortion access supporters and Republican lawmakers are embroiled in a dispute over the language used in a ballot measure description that would legalize abortions up to fetal viability.

Arizona for Abortion Access, the group advocating for the measure, has filed a lawsuit against the Legislative Council. The lawsuit argues that the term “unborn human being” used in the proposal’s publicity pamphlet summary is biased.

Lawmakers on the council did not draft the summaries; they were prepared by non-partisan staff. However, amendments were possible during the council’s review, where Republicans hold a two-seat majority.

The proposed measure would allow abortion up to fetal viability, typically between 22 and 24 weeks. It also permits the procedure beyond that point to protect a woman’s life or health.

If passed, the measure would override current Arizona law, which restricts abortion to 15 weeks except in emergencies.

The contentious point involves the description in a pamphlet sent to over four million registered voters by the Secretary of State’s Office. This pamphlet provides impartial descriptions of all 14 measures on the ballot, including those submitted by both Legislature and voters.

Attorney Andrew Gaona, representing Arizona for Abortion Access, claims the Republican-led panel skewed the summary by using an anti-abortion term. He referenced a social media post by Cathi Herrod, an anti-abortion advocate, to underline his point.

Gaona insists “fetus” is the appropriate term for the pamphlet.

Thomas Basile, lawyer for the Republican lawmakers, argues that “unborn human being” aligns with state law terminology. He contends that voter perception, not medical accuracy, should guide term usage.

Basile added the phrase should be understood clearly by the general public without delving into technical jargon.

He recognized the ideological implications of both terms but emphasized the legal appropriateness of “unborn human being.”

Arizona Attorney General Kris Mayes supports Arizona for Abortion Access. Assistant Attorney General Luci Davis cited a legislative hearing where using both terms was seen as a form of balance.

Davis suggested “fetus” as a more neutral term, with “pregnancy” as an alternative.

Arguments will be presented before Maricopa County Superior Court Judge Christopher Whitten on Thursday.

Howard Fischer of Capitol Media Services contributed to this article.