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In a significant legal challenge, reproductive rights advocacy groups have initiated a lawsuit against Arizona’s abortion restrictions. The suit, filed in Maricopa Superior Court, seeks to overturn the state’s current law banning abortions post-15 weeks, asserting it infringes upon a recently approved constitutional amendment meant to expand reproductive freedoms. This amendment, known as Proposition 139, was passed by over 60% of voters in last month’s election.
The amendment enshrines a fundamental right to abortion in Arizona, extending protections against state interference in abortion rights before fetal viability, which is generally considered to be around 24 weeks according to clinical standards. However, this directly conflicts with the existing 2022 state law that imposes a 15-week abortion ban.
The advocacy groups, including the Center for Reproductive Rights and the American Civil Liberties Union, argue the law is now unconstitutional under the newly adopted amendment. They highlight a pertinent ruling from the Arizona Supreme Court, which previously noted the 15-week ban’s likely invalidity in light of the amendment. The litigation underscores the argument that the ban not only contravenes the constitutional amendment but also potentially criminalizes medical professionals. The 2022 law imposes civil and criminal consequences on doctors performing abortions where the patient is not at immediate risk of death or significant bodily harm.
Citing these concerns, the groups have urged that an Arizona court must formally declare the law unenforceable. Despite the technical operability of the 2022 ban, Arizona Attorney General Kris Mayes has stated that the law will not be enforced during ongoing litigation. This aligns with the amendment’s provision allowing pre-viability restrictions only if they aim to protect the health of the individual seeking an abortion and adhere to evidence-based medical standards.
For more details on the ongoing legal discourse, refer to the full article on JURIST.
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