SEE THE LANGUAGE
THIS ABORTION AMENDMENT:
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Makes critical safeguards impossible to enforce – including our current commonsense safety precautions to protect girls and women from complications such as a perforated uterus or bowel, sepsis, infertility, and hemorrhaging. Read it and you will see it states no regulation can “infringe on an individual’s [abortion] decision.” Not even safety standards.
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Takes the doctor out of the doctor-patient relationship by removing the required medical doctor. If you read the amendment for yourself, you won’t even find the term “doctor” or “physician.”
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Legalizes late-term abortion beyond viability under a broad exemption known for decades to rubber stamp late term abortion for virtually any reason. If you look up the U.S. Supreme Court opinion in Doe v Bolton, you’ll see for yourself how broad the health exemption is.
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Protects sex abusers by stating “no law can penalize any individual who aids or assists” someone getting an abortion. This means sex abusers who force their victims to get abortions to hide their crimes cannot be held accountable for the cover up. And the girl’s parents would never know because it also removes the parental consent requirement.
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Shuts out moms and dads when their minor daughter needs them most by removing the parental consent requirement.
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Is out of step with Arizona voters. Arizonans have different opinions on abortion, but we can all agree this amendment goes too far. In fact, a new poll shows 90% of voters DO agree that abortion should be limited to 15 weeks or earlier. Abortion is legal now in Arizona up to 15 weeks and beyond in certain circumstances like medical emergencies.
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.
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EFFECT ON GIRLS AND WOMEN:
The abortion amendment is vague and chooses not to define “healthcare professional” giving 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 (A.R.S. 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 legalizes late-term abortion beyond viability under a broad exemption known for decades to rubber stamp late-term abortion for virtually any reason.
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 abortion amendment would make it easier for sex abusers to cover their crimes. A sex abuser who forces his victim to get an abortion to hide his crimes cannot be held accountable for the cover up. And the girl’s parents would never know.
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.” After Michigan passed a similar amendment, the ACLU filed a lawsuit claiming the amendment requires taxpayer funding of 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.