Ruling: Fetus can be referred to as ‘unborn human being’ in Arizona abortion measure voter pamphlet

PHOENIX — An informational pamphlet for Arizona voters who must decide in the fall whether to guarantee the constitutional right to abortion can refer to a fetus as an “unborn human being,” the state Supreme Court ruled Wednesday.

Arizona voters will decide in November whether to add the right to abortion to the state constitution.

The proposed amendment would allow abortions until a fetus can survive outside the womb, usually around 24 weeks, with exceptions to save the mother’s life or protect her physical or mental health. It would restrict states from passing or enforcing laws that would prohibit access to the procedure.

Arizona Supreme Court justices sided with Republican lawmakers in their decision Wednesday, rather than with supporters of the abortion rights referendum.

The ruling was quickly criticized by abortion rights advocates who argued that the phrase “unborn human” is neither impartial nor objective. They also said they were concerned that Arizonans would be presented with biased and politically charged words.

“We are deeply disappointed in this ruling, but will not let it deter us from doing everything we can to convey to voters the truth about the Arizona Abortion Access Act and why it is critical to vote YES to restore and protect access to abortion care this fall,” the group Arizona for Abortion Access said in a statement.

The pamphlet provides voters with information about candidates and ballot measures to help inform their choices. However, it was unclear whether any specific language in the pamphlet would appear on the ballot.

The Arizona Secretary of State’s office reported Monday that it had certified 577,971 signatures, far exceeding the required number the coalition backing the bill had to submit to put the issue before voters.

Democrats have made abortion rights a central message since the U.S. Supreme Court Roe v. Wade Overturned in 2022 — and it’s an important part of their efforts in this year’s elections.

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