By BOB CHRISTIE – Associated Press
PHOENIX (AP) — The leader of Arizona’s largest abortion provider said Tuesday that her organization will not reopen procedures in one county, even though a federal judge has blocked a “fetal personhood” law they feared would can lead to criminal charges against doctors and others.
Brittany Fontenot, president and CEO of Planned Parenthood Arizona, blamed the decision on “vague and confusing” statements by Republican Attorney General Mark Burnovich about the near-total abortion ban before statehood.
This law has been in place since at least 1901, but was blocked shortly after the US Supreme Court’s 1973 Roe v. Wade decision. That ban covers Pima County, home to Tucson, and the attorney general, so the judge’s ruling on the personhood law left open the possibility that they could resume in Tucson.
The Supreme Court overturned Roe last month, saying women do not have a constitutional right to an abortion, allowing states to restrict or even ban all abortions.
Burnovich announced last month that the pre-1901 law was enforceable and that his office would seek to repeal that ban, though it has not yet done so.
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“We will not put our patients, staff and communities at risk, especially when the majority of our frontline providers and patients identify as POC, LGBTQ or immigrant, and we know that the criminal justice system is particularly harsh on these communities,” Forteno said in a statement .
The medical director of Tucson’s second-largest abortion provider did not immediately return calls seeking comment. Choices Women’s Center, like other Arizona providers, stopped providing abortion care after the Supreme Court’s June 24 ruling.
The other major issue worrying providers was a 2021 law that gives all legal rights to pre-born babies, the so-called “personhood” law, which gives all rights to pre-born babies. Providers worried that the state could bring criminal charges against doctors and others for otherwise legal abortions and asked a federal judge last month to block it as unconstitutionally vague.
U.S. District Judge Douglas Reyes did just that Monday, saying in a written ruling that the groups that sued to block the law were right — “it’s anyone’s guess,” as the state concedes, what criminal laws the vendors might be violating of abortion if they perform otherwise legal abortions.
At least four other states have similar “personhood” laws on the books, including Missouri, Georgia, Alabama and Kansas, although the Kansas Supreme Court ruled in 2019 that access to abortion is a fundamental right under the State’s Bill of Rights and his “personality” The law has no effect.
Reyes had declined to block Arizona’s 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 that challenged the personhood law welcomed the decision, while a spokesman for Burnovich said it was based on an interpretation of the law he disagreed with and was considering what to do next.
The “personhood” law says that all other state laws must be interpreted to give all rights to an unborn child. Reyes’ ruling 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.
Copyright 2022 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or distributed without permission.
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