Ruling: Fetus can be referred to as ‘unborn human being’ in Arizona abortion measure voter pamphlet

PHOENIX (AP) — An informational pamphlet for Arizona voters who will decide in the fall whether to guarantee a constitutional right to an abortion can refer to a fetus as an “unborn human being,” the state’s highest court ruled Wednesday.

The question on whether to add the right to an abortion to the state constitution goes before voters in the November general election.

The proposed amendment would allow abortions until a fetus could survive outside the womb, typically around 24 weeks, with exceptions to save the mother’s life or to protect her physical or mental health. It would restrict the state from adopting or enforcing any law that would prohibit access to the procedure.

The Arizona Supreme Court sided with Republican lawmakers over proponents of the ballot measure on abortion rights. The pamphlet gives voters information on ballot measures to help inform their choices.

Arizona House Speaker Ben Toma, a Republican who co-chairs the group that drafted language for an analysis of the measure that will appear in the pamphlet, said it’s intended to help voters understand the current law.

“Arizona’s 15-week law protects unborn children, while the abortion initiative essentially allows unrestricted abortions up until birth. It’s really that simple,” he told The Associated Press on Wednesday. “The Arizona Supreme Court’s ruling is correct.”

The GOP-favored language will not appear in the title or main description of the ballot measure in the pamphlet or on the ballot itself, according to the secretary of state’s office, which is responsible for determining ballot language.

Abortion rights advocates were swift to criticize the decision after they had argued that the phrase “unborn human being” is neither impartial nor objective. They also said they were concerned that Arizonans would be subjected to biased and politically charged words.

“We are deeply disappointed in this ruling, but will not be deterred from doing everything in our power to communicate to voters the truth of the Arizona Abortion Access Act and why it’s critical to vote YES to restore and protect access to abortion care this fall,” the group, Arizona for Abortion Access, said in a statement.

The Arizona secretary of state’s office said Monday that it had certified 577,971 signatures — far above the required number that the coalition supporting the ballot measure had to submit in order to put the question before voters.

Democrats have made abortion rights a central message since the U.S. Supreme Court overturned Roe v. Wade in 2022 — and it is a key part of their efforts in this year’s elections.

Sejal Govindarao, The Associated Press