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The American Civil Liberties Union in Arizona and the Center for Reproductive Rights filed an urgent proposal Saturday in a bid to block the state’s “personality” law from 2021, which they say could be used to ban all abortions in Arizona.
The U.S. Supreme Court ruled on Friday overturning Rowe v. Wade, meaning states can now enforce their own abortion rights laws.
Arizona has two abortion laws, one from more than 100 years ago that bans all abortions, and one signed earlier this year that bans the procedure after 15 weeks except in cases to save the mother’s life.
Saturday’s proposal challenges a 2021 law banning abortions sought because the unborn child has a surviving genetic abnormality. This law makes it a crime for a doctor to terminate a pregnancy due to a genetic abnormality. The legislation also includes a “person” provision.
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Protesters shouted as they joined thousands marching around the Arizona Capitol following the Supreme Court’s decision to overturn Rowe’s remarkable abortion decision on Friday, June 24, 2022, in Phoenix. (AP Photo / Ross D. Franklin)
A U.S. district judge blocked part of the law on genetic abnormalities last year, but decided not to put the “person” provision on hold. The provision notes that the state will interpret all laws to grant civil rights to unborn children.
The ACLU and the Center for Reproductive Rights argue that the “personality” provision subjects medical providers and pregnant women to potential criminal prosecution, saying providers can be charged under several laws, including endangering children or assault.
The Arizona Policy Center, a conservative nonprofit lobby group, said Saturday that the U.S. legislature has approved the law to confirm that unborn children have full rights if Rowe v. Wade is repealed.
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Protesters against abortion rights gather before the Supreme Court in Washington on Friday, June 24, 2022. The Supreme Court ended the constitutional protection of abortion, which had been in force for nearly 50 years, by a decision of its conservative majority to overturn the remarkable cases of abortion of the court. (AP Photo / Jose Luis Magana)
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“Roe’s repeal allows states to set abortion laws,” said group president Kathy Herod. “Arizona created this law to say that unborn children are protected by law.
Herod said he expects additional challenges to Arizona abortion laws.
The lawsuit, filed on behalf of two abortion providers, claims the “personality” law is too vague.
The law states that civil and criminal laws must guarantee the rights of fetuses, embryos, and fertilized human eggs at every stage of development. According to the proposal, the law does not offer guidelines for its application to abortion care.
Statewide abortion providers were forced to suspend proceedings following a 5-4 Supreme Court ruling Friday.
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The Associated Press contributed to this report.
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