PHOENIX (AP) — A federal judge in Phoenix on Monday blocked a 2021 state “personhood” law that would give full legal rights to unborn children and that abortion rights groups said would put providers at risk of prosecution for various crimes.
U.S. District Judge Douglas Reyes said in his written ruling that the groups that sued to block the law were correct — “it’s anyone’s guess,” as the state concedes, what criminal laws abortion providers might be violating if they perform otherwise legal abortions.
“And that’s the problem,” Reyes wrote. “When the criminal and regulatory burden of the entire Arizona Code is brought into play, plaintiffs should not have to guess whether their conduct was on the right or wrong side of the law.”
Reyes agreed with the challengers that the law appeared unconstitutionally vague.
At least four other states have similar “personhood” laws in place, including Missouri, Kansas, Georgia and Alabama.
It is unclear whether abortions, which were halted in Arizona after the US Supreme Court ruled last month that women do not have a constitutional right to an abortion, will resume. Abortion providers stopped virtually all procedures because the pre-1901 ban on all abortions that may have been in effect and other laws created too much risk.
At least in Pima County, where the 1901 law remains blocked, they could be legal, though Attorney General Mark Burnovich plans to ask a court to overturn that order and allow enforcement.
Reyes had declined to block the personhood law last year, but abortion rights groups renewed their request after Roe v. Wade was struck down.
They say providers fear they could be charged with child abuse, assault or a range of other crimes and that the law is too vague. There is also concern over civil and regulatory action.
The attorney general’s office told the judge that the personhood law does not create new criminal laws, but acknowledged in its court filings that prosecutors and courts may have different opinions.
Abortion rights groups welcomed the decision.
“The court made the right decision today by blocking the use of this law to create an unthinkably extreme ban on abortion,” said Jessica Sklarski, an attorney at the Center for Reproductive Rights who argued the case. “The Supreme Court’s disastrous decision overturning Roe v. Wade has unleashed chaos on the ground, leaving Arizonans scrambling to figure out if they can get the abortion care they need.”
A spokesperson for the Arizona attorney general’s office said they are focused on “bringing clarity to the law for Arizonans.”
“Today’s decision is based on an interpretation of Arizona law with which our office disagreed, and we are carefully considering our next steps,” spokeswoman Brittney Thomason said in an email.
An attorney from the attorney general’s office told Reyes during a July 8 hearing that the law does not create new crimes that could lead to charges. The “personhood” law says that all other state laws must be interpreted to give all rights to an unborn child.
The attorney general’s office said in court filings that Reyes turned himself in last September when he refused to block the law. Reyes cited a 1989 U.S. Supreme Court decision where the court declined to block Missouri’s nearly identical law.
Reyes said he has now changed his mind about the relevance of this case.
“The court is now convinced that it was wrong to rely on Webster on the first go around,” he wrote.
Sklarski argued that the personhood law is unconstitutionally vague on several fronts and told Reyes that the attorney general has said in court filings that “it’s anybody’s guess” how state judges or prosecutors might apply the law.
Reyes’ decision blocks implementation of the law while challenges go before the courts, including a possible lawsuit.
“Medical providers should not second-guess whether the otherwise lawful performance of their work may result in criminal, civil, or professional liability based solely on how literally or maximally state licensing, law enforcement, and judicial officials may interpret the Policy’s mandate interpretation,” Reise said.
States now have broad rights to restrict abortion, and many laws restricting or blocking all abortions that were previously blocked can now be enforced. This has led to battles in many states over which laws already apply.
Arizona is in that position, with Republican Gov. Doug Ducey saying the ban on abortions after 15 weeks that he signed in March takes precedence over the pre-1901 law that Bernovich says is in place.
There were just over 13,000 abortions in Arizona in 2020, according to the latest report from the Arizona Department of Health. Of these, less than 650 were performed after 15 weeks of gestation.
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