Arizona Supreme Court keeps abortion amendment on ballot

Aug. 21 (UPI) -- The Arizona Supreme Court ruled that a citizen-initiated ballot measure to enshrine the right to an abortion in the state constitution will remain on the ballot.

The court reached a unanimous decision Tuesday, striking down a lawsuit from Arizona Right to Life, a group that opposes abortion. The lawsuit sought to block the ballot measure, alleging it was misleading.

Arizona Right to Life also argued that the ballot initiative's 200-word description used to collect signatures did not inform signees about its potential impact. Chief Justice Ann A. Scott Timmer wrote in her opinion that the description was accurate and complies with state law. She added that explaining the political impact of a ballot initiative is not required.

"We reject Plaintiff/Appellant's arguments to the contrary," Timmer wrote. "The Description is not required to explain the Initiative's impact on existing abortion laws or regulations. Moreover, a reasonable person would necessarily understand that existing laws that fail the prescribed tests would be invalid rather than continue in effect."

The ballot initiative, Proposition 139, needs a simple majority to vote "Yes" to pass. It would amend the state constitution to guarantee the right to an abortion up to fetal viability, or about 23 or 24 weeks of gestation. After that point there would be exceptions to protect the life of the mother.

Abortion is currently banned after 15 weeks of gestation unless a doctor deems it a medical necessity. It is considered a medical necessity if it is necessary to avoid the death of the mother or when delaying an abortion will "create a serious risk of substantial and irreversible impairment of a major bodily function."

There are no exceptions for rape or incest.

The state Supreme Court has made other rulings this year that caused proponents of the amendment to take pause.

In the spring it ruled to uphold an 1864 law that banned nearly all abortions. Last week it ruled that a voter guide approved by the Legislative Council could use the term "unborn human being" to explain the ballot measure.

Dawn Penich, communications director for Arizona for Abortion Access, told UPI that she was confident the ballot initiative would hold up but still had a "sense of trepidation."

"We thought this was a baseless lawsuit from the get-go. We had that confidence," Penich said. "But again, this is good validation and now nothing else can threaten to take the vote away from the people."

Ballots will be historically long in Arizona in November, Penich said. Proposition 139 will appear on the backside of ballots at the end.

"We'll be branching out all over the state, focusing on making sure that people know this is on the ballot. And they know to flip over this historically long ballot in Arizona to look for our proposition all the way at the very end," Penich said. "We want them to know that a "Yes" vote is our best chance of stopping this political whiplash that abortion rights have been in in the last two years."