Arizona Supreme Court Ruling On Abortion Sparks Outrage, Earns Praise

Arizona Supreme Court Ruling On Abortion Sparks Outrage, Earns Praise

By Daniel Stefanski |

A judicial decision from Arizona’s high court may have significant political ramifications in the swing state for the 2024 election.

On Tuesday, the Arizona Supreme Court issued its opinion in Planned Parenthood v. Mayes, finding that the state’s near ban on abortion, which was established in 1864 and reaffirmed several times since, was, in fact, the guiding law on the controversial issue. The vote in the State Supreme Court was 4-2, with one justice recusing himself.

The four prevailing justices wrote that they “merely follow[ed] our limited constitutional role and duty to interpret the law as written…. The legislature has demonstrated its consistent design to restrict elective abortion to the degree permitted by the Supremacy Clause and an unwavering intent since 1864 to proscribe elective abortions absent a federal constitutional right – precisely what it intended and accomplished in 36-2322.”

They added, “To date, our legislature has never affirmatively created a right to, or independently authorized, elective abortion. We defer, as we are constitutionally obligated to do, to the legislature’s judgment, which is accountable to, and thus reflects, the mutable will of our citizens.”

The decision from the Arizona Supreme Court ended one chapter of the state’s abortion saga and confirmed the legal theory of former Attorney General Mark Brnovich, a Republican, who, soon after the Roe v. Wade reversal from the Supreme Court of the United States, issued a statement about Arizona’s abortion status. In a statement made on June 29, 2022, Brnovich said, “Our office has concluded the Arizona Legislature has made its intentions clear regarding abortion laws. ARS 13-3603 is back in effect and will not be repealed in 90 days by SB 1164. We will soon be asking the court to vacate the injunction which was put in place following Roe v Wade in light of the Dobbs decision earlier this month.”

Brnovich went to court in Pima County Superior Court to lift the injunction on the abortion law in question and was successful.

However, the Arizona Court of Appeals reversed the ruling from the Superior Court, leading to the consideration from the state’s Supreme Court.

The outraged reaction from Democrats was swift, while the responses from Republicans were mixed.

Democrat Governor Katie Hobbs said, “It is a dark day in Arizona. We are just fourteen days away from of one the most extreme abortion bans in the country. But my message to Arizona women is this: I won’t rest, and I won’t stop fighting until we have secured the right to abortion. That is my promise to you.”

Attorney General Kris Mayes, also a Democrat stated, “This is far from the end of the debate on reproductive freedom, and I look forward to the people of Arizona having their say in the matter. And let me be completely clear, as long as I am Attorney General, no woman or doctor will be prosecuted under this draconian law in this state.”

Senate President Warren Petersen and House Speaker Ben Toma, both Republicans, issued a joint statement, saying, “During this [60-day waiting period], we will be closely reviewing the court’s ruling, talking to our members, and listening to our constituents to determine the best course of action for the legislature.”

The conservative Arizona Freedom Caucus cheered on the Court’s opinion, posting, “Today, the Supreme Court of Arizona made the correct ruling, upheld the intent of the legislature, and preserved the rule of law today by ruling that the pre-Roe law will remain effective. … As Republicans, we should be proud of the fact that today the lives of the preborn are more protected than they have been since SCOTUS’ fatally flawed Roe decision more than a half century ago. As Republicans, we should be unashamed in proclaiming the value of life.”

Republican Senator Wendy Rogers also weighed in on the news of the day. She wrote, “Then, as now, LIFE must be upheld in the laws of the land. I will vote against any laws that would dimmish life in Arizona, including any laws that would dilute our existing statutes. Defending life is the right thing to do.”

The Senate Democratic Leadership released a statement after the announcement from the Court, writing, “The Republican-appointed Arizona Supreme Court has decided to criminalize abortion in Arizona by upholding the 1864 territorial abortion ban and end legal abortion in all cases unless necessary to save the life of the mother. It’s a worse-case scenario Democrats predicted and have been preparing for, working to see the future of reproductive freedom in the hands of Arizonans.”

Arizona for Abortion Access, the group working to plant a constitutional amendment on abortion on the November ballot, expressed its anger over the judicial opinion. It said, “Today, the Arizona Supreme Court ruled to uphold a devasting near-total ban on abortion from 1864, a territorial law in place before Arizona became a state. This means Arizona now has one of the most restrictive abortion bans in the nation.”

The group revealed that it had over 500,000 signatures from Arizona voters – well over the threshold needed to qualify for the ballot.

Last year, one of Arizona’s top pro-life leaders, Cathi Herrod from the Center for Arizona Policy, came out in fierce opposition to these efforts from pro-abortion interests, alerting her followers that this measure “would tear down virtually all pro-life precautions and make it nearly impossible to regulate abortion.” Herrod also explained how, if passed, the constitutional amendment would likely allow the likelihood of abortion at all stages of life in the womb, stating, “The broad exemption of ‘mental health’ of the mother after viability is widely understood, even in the courts, to mean virtually anything the abortion provider wants it to mean, including stress or anxiety. Even barbaric partial-birth abortion is legal under this exemption.”

Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.

Democratic Arizona Senator Says It’s Cruel She Can’t Abort Her Child

Democratic Arizona Senator Says It’s Cruel She Can’t Abort Her Child

By Corinne Murdock |

State Sen. Eva Burch (D-LD09) called her GOP colleagues “cruel” for restricting her ability to abort her child.

Burch made the remarks in a speech on the Senate floor on Monday. The senator said that she learned that her pregnancy was not progressing — nonviable — and that she had opted for abortion rather than wait on a miscarriage. 

“I’m choosing abortion because I’m pregnant and for reasons that I should not have to explain to you, or to the church, or to the state of Arizona. I need to not be pregnant anymore. That’s the best outcome for me,” said Burch.

Burch said she was unable to receive an abortion from an abortion clinic last Friday as quickly as she desired due to state law requiring an ultrasound, informed consent, and a 24-hour waiting period.

“I don’t think people should have to justify their abortions,” said Burch. “There’s no one-size-fits-all for people seeking abortion care, and the legislature doesn’t have any right to assign one.”

Arizona law requires an abortionist to obtain the “voluntary and informed consent” of a mother based on the diagnosed condition of her unborn children.

A mother given a lethal fetal diagnosis must be advised of perinatal hospice services as an alternative to abortion. A lethal fetal condition is defined as a pre-birth diagnosis expected to result in the death of the unborn child within three months after birth. 

A mother given a nonlethal fetal diagnosis must be advised of the range of outcomes for individuals living with the diagnosed condition; government and nongovernmental resources for mitigating the condition; and options for adoption.

Burch claimed that the informed consent requirement was a means to “shame, coerce, and frighten” her. 

The senator also relayed her experience with a previous pregnancy that ended in a miscarriage. Burch claimed that she was unable to obtain treatment to remove her deceased embryo because her condition wasn’t deemed “critical enough.” Per state law, abortion doesn’t include the termination of an ectopic pregnancy or removal of a dead fetus. This is a definition supported and reiterated by Attorney General Kris Mayes.

“[I]f you have a miscarriage and the doctor performs a surgical procedure to remove the deceased fetus, that is not an abortion,” states a webpage on abortion by Mayes.

Failure to remove a dead fetus from the uterus in a timely manner can cause deadly complications, such as disseminated intravascular coagulation. Denial of such lifesaving care would be considered medical malpractice. 

Even so, Burch claimed lawmakers were to blame for her physical and emotional duress. 

“The clauses for emergencies aren’t good enough. These laws can serve to intimidate doctors and it muddies the waters when they’re trying to make complex decisions in situations that are really volatile,” said Burch. 

Arizona prohibits abortion after 15 weeks of pregnancy, and outright bans abortions sought for reasons of fetal genetic abnormality, race, or sex. 

Burch said it was “inappropriate” for women seeking an abortion to have to undergo the transvaginal ultrasound.

Burch didn’t go into the details of her unborn child’s nonviability. Though uncommon, misdiagnosis of nonviability early on in pregnancy does occur for various reasons, such as an inaccurate conception date causing an inability to detect a fetal heartbeat. These misdiagnoses are usually caught with a followup ultrasound. 

Burch also claimed that abortion carries a lower risk than pregnancy. The senator also cited datasets determining that women who can’t receive an abortion were more likely to be domestic violence victims, facing eviction and bankruptcy, bearing children with developmental delays, and poor.

Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.

Scottsdale Priest Urges Arizonans To Decline Total Legalization Of Abortion

Scottsdale Priest Urges Arizonans To Decline Total Legalization Of Abortion

By Corinne Murdock |

A Scottsdale priest, Fr. Don Kline of St. Bernadette Catholic Church, urged the public to decline to sign a petition advocating for the total legalization of abortion up to birth.

Fr. Kline issued his stance in a statement for the advocacy group, Decline to Sign. The priest encouraged Arizonans to inform abortion advocates seeking signatures that abortions take the life of unborn children, and to inform their neighbors and peers about the petition circulating. Fr. Kline concluded his remarks with a prayer.

“When moments like this happen in our history we know that there is evil present and we need to invite God to be present and to give us the strength to confront this evil,” said Fr. Kline. “We pray, Lord, for the wisdom and the courage to do what we need to do to support these mothers, especially those who are suffering, who are afraid, who are not sure what to do. Raise up good people to support them, that they may be open to life, to the gift of life that God has blessed them with.”

Decline to Sign arose in response to the petition launched by Arizona for Abortion Access (AAA) to put total abortion legalization as a proposed constitutional amendment on the November ballot. The state currently allows abortions at up to 15 weeks’ gestation. 

Fr. Kline and the local clergy aren’t alone in their opposition to the petition.

Last week, Senate President Warren Petersen (R-LD14) and all GOP senators signed and released a statement, the Arizona Right to Life Declaration, urging Arizonans to refuse to sign AAA.

“[I]t is an assault on God’s value and sovereignty regarding the sanctity of human life,” reads the declaration. 

AAA’s proposed ballot question would create a “fundamental right to abortion,” meaning it would prohibit the denial, restriction, or intervention with an abortion even after fetal viability if a healthcare professional determines that the unborn child presents a threat, either to her mother’s mental or physical health. The petition defined fetal viability as sustained survival outside the womb without the intervention of “extraordinary medical measures.” 

The proposed ballot question has the backing of the state’s top Democratic leaders: Gov. Katie Hobbs signed the petition in December, and a number of leading progressive organizations have issued their endorsements including ACLU of Arizona, Affirm Sexual and Reproductive Health, Healthcare Rising Arizona, Arizona List, NARAL Arizona, and Planned Parenthood Advocates of Arizona (PPAAZ).

AAA has until July 3 to gather nearly 384,000 valid signatures to put the initiative on the ballot.

At the helm of AAA are leaders in the pro-abortion movement such as former PPAAZ chair Chris Love and NARAL Arizona senior advisor Jodi Liggett, and the Tempe-based abortionist Candace Lew. The group also has the campaign finance assistance of one of the key players in Arizona’s Democratic dark money network, Dacey Montoya.

According to Arizona campaign finance records, over $4.5 million of AAA’s $5.8 million in funding has come from out of state advocacy groups:

  • Over $3.1 million from the Fairness Project, based in Washington, D.C.;
  • $1 million from Advocacy Action Fund, based in California;
  • $250,000 from Think Big America, based in Illinois; 
  • $150,000 from The Green Advocacy, based in Washington, D.C.;
  • $20,000 from Our Children Our Future, based in California

Over $1.1 million came from Arizona-based organizations and individuals: $600,000 from Arizonans Fed Up With Failing Health; over $278,300 from Healthcare Rising Arizona; over $117,100 from PPAAZ; $100,000 from Paradise Valley philanthropist Juanita Francis; $21,300 from Arizona List; $10,000 from philanthropist and medical marijuana doctor Gina Berman; $10,000 from Lew; and $5,050 from Reproductive Freedom for All Arizona.

Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.

Beyond Politics: Arizona’s March For Life Challenges Mainstream Narrative

Beyond Politics: Arizona’s March For Life Challenges Mainstream Narrative

By Garrett Riley |

An enthusiastic, large crowd exclaimed in unison, “Everyone deserves a birthday!” The takeaway for anyone truly listening to all the speeches and observing the diversity of people and many organizations participating in the Arizona March for Life is that abortion is not merely a political issue. Every abortion decision involves layers of complicated, emotional, and often unexpectedly difficult circumstances. Every abortion choice is deeply personal, not political, and ultimately prevents the celebration of a birthday as it ends the life of an innocent human being.

Labeling those who stand for life as “anti-abortion groups” is a tiring old tactic used by activists and allies of Planned Parenthood (the mainstream media) to cast a biased label on a multifaceted pro-life movement. This narrative fails to capture the essence of what we represent and stand for. What the mainstream media doesn’t show or tell you about us is proof that it is not objective and is nearly universally supportive of on-demand abortion.

The gap between the portrayal of the pro-life movement and its true intentions was evident following the Arizona March for Life, held near the state capitol last Friday in Phoenix. More than 3,000 citizens gathered to express a collective commitment to “Walk With Every Woman, For Every Child,” aiming to shift the conversation toward making abortion unthinkable and highlighting support for women facing unplanned pregnancies.

With a radical abortion rights initiative underway in our state, this topic necessarily received the right proportion of the rally’s content and agenda. This was especially important given the stark reality that the broad language in the proposed constitutional amendment could eventually lead to the elimination of Arizona’s common-sense abortion restrictions and regulations, effectively allowing for legalized abortions through all nine months.

As the election cycle unfolds in 2024, heavy press coverage on this subject matter is understandable.

Unfortunately, most of the media limited their coverage to this aspect of the event, organized locally by the Arizona Life Coalition. This narrow lens, which seems intentional, failed to show the wide range of engagement from nonpolitical people and organizations. People from all regions of the state, from every walk of life, showed up to advocate for life. More than 30 exhibitors were present, including abortion healing groups, churches, schools, pregnancy help centers, medical, adoption, and foster care organizations.

General media bias through exclusion was evident, with virtually no mention of the other powerful speakers, including former nurse Kim Owens, whose beliefs were transformed by the profound realization of the humanity of an unborn child during an abortion procedure. Her testimony, along with that of Life Choices Women’s Clinic director, Sheila Riely, and her client, holding her beautiful baby in her arms, told the story of how she changed her mind and gave birth instead of aborting. Finally, Pastor Mike Goodwin from Emanuel Baptist Church in Tucson, encouraged compassion and forgiveness as perhaps the better way to change more hearts and minds about abortion, underscoring the rally’s deeper spiritual and moral dimensions.

We rallied and marched for life last Friday to confront the lies of abortion with truth. It’s a lie that elective abortion is women’s healthcare. It’s deceptive to define abortion as a medical procedure that terminates a pregnancy.

The truth is, “terminating a pregnancy” is just a euphemism for the reality that abortion intentionally destroys the innocent life of a helpless unborn baby.

The truth is abortion is the most blatant human rights violation in the history of mankind. In the last year, there were 11,530 abortions in Arizona as reported by the Arizona Department of Health Services. That’s an average of 221 innocent and defenseless babies killed by abortion every week in Arizona.

This deeply saddens me, but it was encouraging to see children, young adults, and seniors rally. I met one passionate woman who is 91 years old. What’s more, giving me great hope was the huge turnout of homeschool kids, local high schoolers, and groups from Grand Canyon University and Arizona Christian University, all marching for life. There were even students who wrote essays, created posters, and made pro-life videos for a contest sponsored by the Arizona Life Coalition. All these committed young pro-lifers make up generations of a society that will someday absolutely respect and protect the rights of ALL HUMAN BEINGS, born and unborn.

The press and general media’s skewed representation of the pro-life movement cannot diminish the power of personal resolve and the collective spirit that drives our cause. We stand on a foundation of science, reason, morality, and faith. So, it is imperative that we elevate the conversation beyond political divisions. Don’t be swayed by shallow narratives but instead, contemplate the truth, that indeed, everyone deserves a birthday.

Garrett Riley is the executive director of the Arizona Life Coalition, with a mission of inspiring pro-life choices through charity, education, and unifying collaboration.

The Abortion Access Amendment Is Getting Most Of Its Funding From Outside Arizona

The Abortion Access Amendment Is Getting Most Of Its Funding From Outside Arizona

By Katarina White |

It’s bad enough that the abortion lobby is fully committed to its disturbing agenda to enshrine abortion up until birth in the Arizona Constitution. But now, it appears, that the overwhelming majority of the funding to get this measure on our ballot in November isn’t even coming from within our state.

I recently examined the campaign finance reports for both Q3 and Q4 of 2023 for Arizona for Abortion Access (the group driving the campaign for this constitutional amendment) and noticed a concerning trend. Most of the dollars being raised to support this campaign are coming from groups outside Arizona.

In Q3 (July 1 – September 30), the campaign’s funding landscape revealed that individual Arizonans contributed just $12,202 while corporations and LLCs based in Arizona contributed just over $87,000. That’s a total of just over $99,000 coming from inside our state for this ballot measure. So, how much funding came from outside Arizona? More than $2.3 million! If you do the math, that means a mere 4% of the total financial backing for the Arizona Abortion Access Amendment is coming from within our state while 96% of the funding has been injected from the outside. In a campaign that should be driven by local voices, this difference is not only staggering, it’s alarming.

Adding to this disconcerting narrative, the Q4 (October 1 – December 31) data continues this disheartening trend. Despite an increase in contributions from Arizona individuals and corporations—totaling $1,133,282 and constituting 33% of total contributions—the specter of external interference looms ominously. Contributions from outside Arizona commanded a 67% share during Q4 for a total of $2,244,207. Additionally, the number of out-of-state individual contributions, 186, surpassed the count of individual contributions from Arizona, 112.

Compounding these concerns is the revelation that the largest business contribution from both quarters comes from an organization named The Fairness Project, a Washington, D.C.-based entity. Ironically, The Fairness Project champions direct democracy for ballot measures, emphasizing collective decision-making by the public. And yet, the group paradoxically channels significant funding from outside Arizona to influence the state’s constitutional trajectory. In the November 2023 election in Ohio, where voters were deciding on enshrining abortion as a fundamental right in the state, the Fairness Project contributed a staggering $2.2 million to the Ohio United for Reproductive Rights Campaign.

Overall, the Ohio United for Reproductive Rights Campaign garnered a substantial $23,820,999 in out-of-state funding—83% of their total funding. Unfortunately, this substantial financial support played a pivotal role in the passage of the initiative, leading to the tragic amendment of abortion as a fundamental right in Ohio. This alarming pattern of out-of-state funding continues in Arizona, where the Fairness Project has contributed $3,124,502 to the Arizona Abortion Access Campaign, constituting 54% of the total income in both Q3 and Q4.

Arizonans stand at a pivotal juncture, facing not only the potential erosion of our constitutional values but also the disturbing reality that external forces are actively shaping our state’s destiny. Even worse, at the core of this issue is the shocking possibility of embedding in our state’s constitution the unconstrained authority to terminate pregnancies right up until the moment of birth—an appalling decision of profound consequence.

Now, the people of Arizona must decide. Will you allow external forces to determine the course of our constitutional future and allow abortion up to birth? Or will you decline to sign this amendment and stand for life?

Katarina White serves as Legislative District Co-Chair for Arizona Right to Life. To get involved and stay informed with the “Decline to Sign” initiative, visit the Arizona Right to Life website. Katarina also delves deeper into the proposed amendment through the “Conservative Seoul Show,” where she presents the “Sanctity Unveiled” segment. You can join her as she explores the challenges faced by the sanctity of life in the State of Arizona here.