Understand the Language
(I-05-2024 Arizona for Abortion Access.pdf)
A. EVERY INDIVIDUAL HAS A FUNDAMENTAL RIGHT TO ABORTION, AND THE STATE SHALL NOT ENACT, ADOPT OR ENFORCE ANY LAW, REGULATION, POLICY OR PRACTICE THAT DOES ANY OF THE FOLLOWING:
1. DENIES, RESTRICTS OR INTERFERES WITH THAT RIGHT BEFORE FETAL VIABILITY UNLESS JUSTIFIED BY A COMPELLING STATE INTEREST THAT IS ACHIEVED BY THE LEAST RESTRICTIVE MEANS.
2. DENIES, RESTRICTS OR INTERFERES WITH AN ABORTION AFTER FETAL VIABILITY THAT, IN THE GOOD FAITH JUDGMENT OF A TREATING HEALTH CARE PROFESSIONAL, IS NECESSARY TO PROTECT THE LIFE OR PHYSICAL OR MENTAL HEALTH OF THE PREGNANT INDIVIDUAL.
3. PENALIZES ANY INDIVIDUAL OR ENTITY FOR AIDING OR ASSISTING A PREGNANT INDIVIDUAL IN EXERCISING THE INDIVIDUAL'S RIGHT TO ABORTION AS PROVIDED IN THIS SECTION.
B. FOR THE PURPOSES OF THIS SECTION:
1. "COMPELLING STATE INTEREST" MEANS A LAW, REGULATION, POLICY OR PRACTICE THAT MEETS BOTH OF THE FOLLOWING:
(a) IS ENACTED OR ADOPTED FOR THE LIMITED PURPOSE OF IMPROVING OR MAINTAINING THE HEALTH OF AN INDIVIDUAL SEEKING ABORTION CARE, CONSISTENT WITH ACCEPTED CLINICAL STANDARDS OF PRACTICE AND EVIDENCE-BASED MEDICINE.
(b) DOES NOT INFRINGE ON THAT INDIVIDUAL'S AUTONOMOUS DECISION MAKING.
2. "FETAL VIABILITY" MEANS THE POINT IN PREGNANCY WHEN, IN THE GOOD FAITH JUDGMENT OF A TREATING HEALTH CARE PROFESSIONAL AND BASED ON THE PARTICULAR FACTS OF THE CASE, THERE IS A SIGNIFICANT LIKELIHOOD OF THE FETUS'S SUSTAINED SURVIVAL OUTSIDE THE UTERUS WITHOUT THE APPLICATION OF EXTRAORDINARY MEDICAL MEASURES.
3. "STATE" MEANS THIS STATE, ANY AGENCY OF THIS STATE OR ANY POLITICAL SUBDIVISION OF THIS STATE.
- EVERY INDIVIDUAL
If abortion is a fundamental right, even for minors, can their parents stop them from getting an abortion? Does the minor or the “TREATING HEALTH CARE PROFESSIONAL” have to notify the parent if the minor does want to get an abortion? How would a minor even pay for an abortion?
Answer: No, neither the minor nor the “TREATING HEALTH CARE PROFESSIONAL” have to notify the parent if the minor wants to get an abortion even if the minor was raped. Minors cannot afford an abortion; the abortion costs would become a burden to taxpayers and these will all be taxpayer funded at some point soon if this passes into law.
- AFTER FETAL VIABILITY
The amendment language states, “AFTER FETAL VIABILITY.” Does that mean all the way until the point of birth?
Answer: Yes, “AFTER FETAL VIABILITY” means all the way until the point of birth!What are the term limits for this amendment?
Answer: There are none.
- IN THE GOOD FAITH JUDGMENT OF A TREATING HEALTH CARE PROFESSIONAL
What does “GOOD” mean in “GOOD FAITH JUDGEMENT”? Is this term defined anywhere?
Answer: It is completely relative person-to-person. The term “GOOD” isn’t defined anywhere.What does “TREATING HEALTHCARE PROFESSIONAL” mean? Is this term defined anywhere?
Answer: A “TREATING HEALTHCARE PROFESSIONAL” could be a sports therapist, a dentist, or a psychiatrist. The term ‘TREATING HEALTHCARE PROFESSIONAL” is not defined. Anyone employed in a healthcare profession could provide an abortion according to the amendment.
As Arizona is a border state, this amendment, if passed, would enable human traffickers and smugglers to continually exploit women and minors if and when they are raped.
PROP 139 vs Current Law
Arizona Catholic Bishops Statement Opposing Proposition 139
The mission of Arizona Right to Life is to protect and defend the lives of all persons born and pre-born through the support of Life-affirming legislation and pro-life candidates.