AZ judge strikes down legislative language on voter guide for abortion initiative

Arizona for Abortion Access, a coalition looking to put legal access to abortion in the Arizona constitution, won their lawsuit against the Arizona Legislative Council over the language in a voter guide that will accompany their ballot measure.

On July 3, Arizona for Abortion Access successfully submitted enough signatures, over 823,000, to put the abortion measure on the November ballot for voters to decide whether abortion access should be enshrined in the Arizona constitution.

Abortion is currently available up to 15 weeks in Arizona. But access to an abortion after that window in Arizona has been uncertain after the Superior Court’s temporary reinstatement of a 1864 total abortion ban following the U.S. Supreme Court's 2022 ruling overturning Roe v. Wade, returning the issue to the states.

After confirming that the measure would in fact be on the ballot, a non-partisan introduction had to be made to accompany the measure, informing voters on how the act would affect them if passed. This language was debated during a legislative council meeting where Republican lawmakers insisted that the term “fetus” was a subjective term.

The measure from Arizona for Abortion Access says that the law would make abortions legal for any reason through fetal viability, with exceptions after that time for the physical and mental health of the mother.

The legislature voted 8-6 to substitute the word “fetus” with "unborn human being."

Austin Yost, the attorney representing the group behind the Arizona Abortion Access Act, said that the term “unborn human being” is in no way impartial during a senate meeting.

Many committee members said that the term "fetus" was inaccurate even though it is the official term used by the medical community.

Arizona for Abortion Access filed a lawsuit against the Arizona Legislative Council “for its decision to disregard its statutory duty to produce an impartial summary of the Arizona Abortion Access Act,” according to a press release.

The coalition won its lawsuit on Friday.

"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,” reads a press release from Arizona for Abortion Access. “Though we expect and are prepared for an appeal, this is important progress toward giving Arizona voters the power to make an informed decision in support of protecting our reproductive freedoms once and for all."

And, an appeal is what they will get, according to Speaker Ben Toma.

“The ruling is just plain wrong and clearly partisan if the language of the actual law is not acceptable,” Toma said. “The judge should run for the legislature if he wants to write the law. We are appealing.”

According to the Secretary of State’s Office, the pamphlet must be submitted by Aug. 29 in order to make it on the November ballot, meaning that the appeals will have to be resolved by then.