SEE THE LANGUAGE
THIS ABORTION AMENDMENT:
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Would remove most safeguards and safety precautions that protect girls and women who get abortions
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Eliminates the requirement that girls and women see a qualified medical doctor to get an abortion
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Gives broad leeway to who can provide abortions, including chiropractors, acupuncturists, and homeopaths
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Opens the door to unrestricted, unregulated abortion
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Could force Arizona taxpayers to fund abortion, even for non-residents
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Threatens the freedom of healthcare professionals to opt out of participating in abortion procedures
IN THEIR ATTEMPT TO EXPAND
ABORTION...
...the proposed amendment claims to simply ensure legal abortion in Arizona, but the language makes it virtually impossible to protect girls and women during the process, allows for painful late-term abortion, leaves them in the hands of unqualified providers , and shuts out moms and dads, among other things.
A NUMBER OF ATTORNEYS
WHO HAVE ANALYZED THE LANGUAGE FOUND ...
...it to be consistently broad and vague, leading to sweeping consequences and serious confusion. In particular, the phrase, “the state shall not enact, adopt or enforce any law, regulations…that denies, restricts, or interferes with [abortion]” strips the state of any real power to enact commonsense safety protections for girls and women, or enforce long-standing safety standards for abortionists and clinics.
WHAT THE PROPOSED AMENDMENT SAYS:
The abortion amendment makes abortion a “fundamental right” in Arizona. It states, “the state shall not enact, adopt or enforce any law, regulation, policy or practice that…denies, restricts, or interferes with that right before viability…[or] after 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 [woman].” It forbids anything that “penalizes any individual or entity for aiding and assisting” in a girl or woman getting an abortion.
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EFFECT ON GIRLS AND WOMEN:
The abortion amendment would remove most safeguards and safety precautions that protect girls and women who get abortions. It also eliminates laws that ensure parents know if their minor daughter gets an abortion. ( Sec. 3(A))
WHERE TO FIND IT:
Language stating “the state shall not enact, adopt or enforce any law, regulations, policy, or practice that…restricts or interferes with an abortion]” would lead to the elimination of most safety precautions under the argument that they “interfere” or “regulate” abortion. The same applies to parental consent and informed consent laws, which ensure girls and women know the risks related to abortion.
Additionally, Section 2(D) requires the amendment be “liberally construed in furtherance of the fundamental right [to abortion] it establishes.” This vague language seriously jeopardizes any safety regulation, limit, or precaution designed to protect the health and safety of girls and women.
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EFFECT ON GIRLS AND WOMEN:
The amendment eliminates the requirement that girls and women see a qualified medical doctor to get an abortion. (Sec.3 (A) (1)(2))
WHERE TO FIND IT:
Currently, girls and women are required to see a qualified medical doctor to perform a surgical abortion or to prescribe the abortion pill. The doctor performs an ultrasound to ensure the pregnancy is not further along than is safe for a chemical abortion, and to rule out ectopic pregnancy - which can be deadly, if not detected. The amendment language, “health care professional”, instead of “physician” or “doctor”, removes the necessary qualified medical doctor.
03
EFFECT ON GIRLS AND WOMEN:
The abortion amendment gives broad leeway to who can provide abortions, including chiropractors, acupuncturists, and homeopaths. (Sec. 3 (A)(2))
WHERE TO FIND IT:
The amendment allows any “health care professional” to provide abortions or authorize a late-term abortion, even those who have no training and expertise in obstetrics. Under Arizona statute (ARS 32-3201), health care professional includes:
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podiatrists
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chiropractors
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dentists, dental hygienists, dental therapists
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medical doctors
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naturopathic doctors
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nurses
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dispensing opticians
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optometrists
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osteopathic physicians and surgeons
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pharmacists
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physical therapists
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psychologists
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veterinarians
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physician assistants
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radiologic technologists
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homeopathic physicians
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behavioral health professionals
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occupational therapists
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respiratory therapists
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acupuncturists
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athletic trainers
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massage therapists
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nursing care institution administrators and assisted living facilities managers
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midwives
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hearing aid dispensers, audiologists, and speech-language pathologists
A simple change in scope of practice could open the door to any of these providers offering abortions or the abortion pill. And even without a change of scope in practice, any health care professional listed above could provide the abortion pill and the state could not punish them based on Sec. 3(A)(3). This is not taking girls’ and women’s health and safety seriously.
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EFFECT ON GIRLS AND WOMEN:
The abortion amendment opens the door to unrestricted, unregulated abortion. Even painful late-term abortion.
WHERE TO FIND IT:
The limit on abortion at viability (when the unborn baby can survive outside the womb, about 20-21 weeks gestation) is virtually erased by the broad “mental health” exemption. Courts have read “mental health” or “health” to include stress or anxiety. In Doe v. Bolton, the U.S. Supreme Court ruled that “all factors – physical, emotional, psychological, familial, and the woman’s age… may relate to health.” By including this language, the amendment will allow abortion at any stage of development for virtually any reason if the “treating health care professional” signs off on it. This is further convoluted by using the vague term “necessity” without defining the term. This leaves the provider – who does not have to have training and expertise in obstetrics - to decide what constitutes necessity.
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EFFECT ON GIRLS AND WOMEN:
The amendment shields sex abusers from prosecution if they force their victims to get an abortion to cover their crime. A 12-year-old girl could be abused by her coach, school counselor, or whomever, and he can take her for an abortion. Her parents would never know and he could NOT be prosecuted.
WHERE TO FIND IT:
The amendment states that no law or regulation can “penalize any individual or entity for aiding or assisting” someone getting an abortion. (Sec. 3(A)(3))
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EFFECT ON ARIZONANS :
The abortion amendment could force Arizona taxpayers to fund abortion, even for non-residents.
WHERE TO FIND IT:
Under the proposed amendment, failure to fund abortion would likely be interpreted as improper “interference” with the new “fundamental right to abortion.”
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EFFECT ON ARIZONANS :
The abortion amendment threatens healthcare freedom of conscience.
WHERE TO FIND IT:
The U.S. Supreme Court has consistently affirmed the freedom of conscience of every American, holding that “[f]reedom of conscience... cannot be restricted by law.” Because of the broad language in the amendment declaring abortion a “fundamental right,” and prohibiting “den[ial]” or “interfer[ence]” of an abortion, a healthcare professional’s conscience could not stand in the way of someone getting an abortion.