Arizona Supreme Court deals blow to abortion rights ballot measure with ruling on loaded language

Phoenix, Arizona - The Arizona Supreme Court on Wednesday ruled that pamphlets about an upcoming abortion rights ballot measure may refer to an embryo or fetus as an "unborn human being."

Members of Arizona for Abortion Access rally in support of a ballot initiative to enshrine abortion rights in the state constitution.
Members of Arizona for Abortion Access rally in support of a ballot initiative to enshrine abortion rights in the state constitution.  © Rebecca Noble / GETTY IMAGES NORTH AMERICA / Getty Images via AFP

Arizonans will have the chance to enshrine in the state constitution abortion access for pregnancies up to 24 weeks after conception – a significant increase from the 15-week limit imposed after the June 2022 fall of Roe v. Wade.

The ballot initiative is set to go for a vote in November after advocates succeeded in gathering a record 577,971 valid signatures in support.

But the State Supreme Court, all of whose justices were appointed by Republicans, dealt a blow to the movement in siding with GOP lawmakers on the language used in information pamphlets for voters. The court said it would release a full opinion explaining its ruling at a later time.

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Wednesday's decision came after the Arizona Superior Court last month rejected the GOP language, determining it to be "packed with emotion and partisan meaning."

The secretary of state's office has said the "unborn human being" phrase will not appear on November ballots.

Abortion rights advocates respond to Arizona Supreme Court ruling

Reproductive rights advocates protest an 1864 abortion ban outside the Arizona State Capitol in Phoenix.
Reproductive rights advocates protest an 1864 abortion ban outside the Arizona State Capitol in Phoenix.  © Rebecca Noble / GETTY IMAGES NORTH AMERICA / Getty Images via AFP

Abortion rights advocates were quick to slam the Arizona Supreme Court's ruling.

"The Arizona Supreme Court today reversed the trial court's well-reasoned ruling and held that the phrase 'unborn human being' – a watchword for anti-abortion advocates with no basis in medicine or science – is somehow impartial and objective," Arizona for Abortion Access said in a scathing statement, noting the decision would enable the spread of misinformation ahead of the vote.

"We are deeply disappointed in the ruling but will not be deterred from doing everything in our power to communicate to voters the truth of the Arizona Abortion Access Act and why it's critical to vote YES to restore and protect access to abortion care this fall."

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Earlier this year, the Arizona State Supreme Court upheld an abortion ban dating back to 1864, which prohibited the procedure at every stage except if necessary to save the pregnant person's life. The law was repealed a month later by the state legislature.

Access to reproductive health care has become a key 2024 election issue in the swing state of Arizona as Democratic nominee Kamala Harris takes on anti-abortion Republican Donald Trump.

Cover photo: Rebecca Noble / GETTY IMAGES NORTH AMERICA / Getty Images via AFP

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