Arizona judge rejects GOP wording for voters’ abortion ballot initiative pamphlet

PHOENIX — A judge denied the request on Friday an effort by GOP lawmakers to use the term “unborn human” to refer to a fetus in the pamphlet that Arizona voters will use to weigh a ballot proposal that would expand abortion access in the state.

Maricopa County Superior Court Judge Christopher Whitten said the language proposed by the Legislature was “laden with emotion and partisan meaning” and asked for what he called more “neutral” language. The measure aims to expand abortion access from 15 weeks to 24 weeks — the point at which a fetus can survive outside the womb.

It would allow exceptions to save the woman’s life or protect her physical or mental health. It would also prevent the state from passing or enforcing laws that prohibit access to the procedure.

Ben Toma, Speaker of the Arizona House of Representatives and co-chair of the Legislative Council, said the group will appeal the court’s decision to the state Supreme Court.

“The ruling is simply wrong and clearly biased,” said Toma, a Republican.

Aaron Thacker, communications director for Arizona Secretary of State Adrian Fontes, noted that the final decision on the vote remains uncertain.

“There are still a lot of scenarios in play,” he said. “Even after the secretary certifies the signatures, the courts have to decide whether the counties can put it on the ballot or not.”

Arizona for Abortion Access, the organization leading the campaign for the ballot measure, sued the council earlier this month over the proposed wording, arguing for the term “fetus,” which the council rejected.

Attorney General Kris Mayes wrote in a motion to file an amicus curiae brief that “fetus” and “pregnancy” are both neutral terms that the board could adopt.

“It is incredibly important to us that Arizona voters learn about our measures and can evaluate them in objective and accurate terms,” said Dawn Penich, communications director for the abortion group.

Democrats have made abortion rights central to their campaigns for this year’s elections. Organizers in five other states have also proposed similar measures that would enshrine abortion access in their state constitutions: Colorado, Florida, Maryland, Nevada and South Dakota.

Organizers in Arizona submitted more than double the number of signatures needed to get the measure on the ballot.