The Arizona Court of Appeals has upheld a 2009 pro-life state law that, in part, requires the mother to be informed of abortion risks and alternatives at an in-person doctor visit the day before getting an abortion, requires notarized parental consent for abortion on a minor child, and includes right of conscience religious provisions.
For background, read Pro-life Legislation Floods America
UPDATE 11/15/11: Maricopa County Superior Court Judge Mark Brain officially ended the legal attack on the Abortion Consent Act by Planned Parenthood.
UPDATE 8/19/11: Abortion Ends at 70% of Planned Parenthood Arizona Clinics
-- From "Ariz. court OK’s abortion restrictions" by The Associated Press 8/12/11
The provisions have been on hold for two years after a state judge blocked them from taking effect in 2009.
The appellate court’s ruling also covers provisions banning nurses from performing surgical abortions and requiring parental consent forms to be notarized for minors getting abortions. Another provision expands an existing law that allows health care workers to refuse to participate in abortions for moral or religious reasons.
The new provisions could take effect as soon as a month from now but could be held up for more than a year if Planned Parenthood of Arizona files an appeal in the Arizona Supreme Court.
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From "Appeals Court tosses injunction vs. Arizona abortion law" by Ginger Rough, The Arizona Republic 8/12/11
The appellate court's unanimous decision overturns an injunction issued two years ago by Maricopa County Superior Court Judge Donald Daughton. That injunction blocked key provisions of 2009 legislation from taking effect.
[Planned Parenthood] asked for a preliminary injunction based on the argument that the regulations unfairly added restrictions to abortion that no other medical procedure must follow.
In its ruling, the court stated that the new regulations were both constitutionally sound and did not violate the equal protection or right to privacy clauses in the Arizona Constitution.
. . . Deborah Sheasby, legal counsel for the Center for Arizona Policy, which helped draft the 2009 legislation . . . [said that] such an opinion could suggest that the state's courts also will allow additional abortion restrictions passed by lawmakers earlier this year to take effect.
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From "Arizona Court Upholds Pro-Life Law With Abortion Limits" by Steven Ertelt, LifeNews.com 8/11/11
The Arizona Court of Appeals heard oral arguments in June in Planned Parenthood Arizona v. Horne, a case the abortion business filed which challenges key aspects of the 2009 Abortion Consent Act. The law is a pro-life measure Governor Jan Brewer signed which tells women of the risks associated with and alternatives to abortion. Planned Parenthood sued the state soon after its signing and a Superior Court judge blocked the law from taking effect while the case moves forward.
The Center for Arizona Policy, a statewide pro-life group, drafted the Abortion Consent Act and is a part of the legal team – which includes Alliance Defense Fund, Bioethics Defense Fund, the Bioethics Defense Fund, and Life Legal Defense Fund – defending the constitutionality of the law. The law has several other pro-life provisions the pro-life organizations support.
The Arizona Court of Appeals today upheld the Abortion Consent Act on appeal after it was enjoined by Maricopa County Superior Court Judge Daughton following a Planned Parenthood lawsuit. Today’s 3-0 opinion vacates the injunction in its entirety.
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