The official information pamphlet for Arizona voters who will decide in the fall whether to guarantee a constitutional right to abortion can refer to a fetus as an “unborn human being,” the state Supreme Court ruled Wednesday.
Arizona voters will decide in November whether to add an abortion right to the state constitution.
The proposed amendment would allow abortions until the fetus can survive outside the womb, usually up to about 24 weeks, with exceptions to save the life of the pregnant person or to protect her physical or mental health. The amendment would prohibit states from enacting or enacting laws that prohibit access to abortion procedures.
In a ruling Wednesday, Arizona Supreme Court justices sided with Republican lawmakers over supporters of an abortion rights ballot measure.
But on Wednesday The ruling drew immediate criticism from abortion rights advocates, who argued that the “unborn human” phrase wasn’t fair or objective. They also said they were concerned that Arizonans would be subjected to biased and politically charged language.
“While we are deeply disappointed by this ruling, we will not hesitate to do everything in our power to educate voters about the truth about Arizona’s abortion access law and why it is important for them to vote YES this fall to restore and protect access to abortion care,” Arizona Abortion Access Advocates said in a statement.
The pamphlet is a voter guide created by the Arizona Secretary of State’s office that provides information about candidates and ballot measures to help voters make their choices, but it is unclear whether any of the specific language in the pamphlet will appear on the ballot.
The Arizona Secretary of State’s office announced Monday that it had certified 577,971 signatures, far more than the required number that the coalition supporting the ballot measure had to submit to put the question to voters.
Democrats have made abortion rights a central message and a key part of their campaign this year since the U.S. Supreme Court overturned Roe v. Wade in 2022. Arizona is a key battleground state in the presidential election, and Democrats are hoping enthusiasm for the ballot measure will translate into higher turnout among their base.
Earlier this year, the Arizona Supreme Court ruled that a near-total abortion ban dating back to 1864 would go into effect in the state. The move sparked outrage across the nation and ultimately led several Republican state legislators to join Democrats in voting to repeal the 1864 ban. Arizona now bans abortions after 15 weeks of pregnancy.
Seven other states, including another battleground state, Nevada, are also set to hold abortion-related votes this year. In the two years since Roe was struck down, Republican strongholds like Ohio and Kansas have all passed ballot measures protecting abortion rights.
The Associated Press contributed reporting
