The Arizona supreme court ruled in favor of GOP lawmakers who sought to include the phrase “unborn human being” in informational pamphlets about the state’s upcoming abortion referendum, a decision that abortion advocates called “biased” and “politically charged.”
The “unborn human being” terminology did not violate a state law mandating non-partisan language on the pamphlets, the court ruled on Wednesday. The informational fliers are mailed out by Arizona’s secretary of state to inform voters about the potential impacts of statewide ballot referendums.
Arizona’s November referendum aims to enshrine abortion access until fetal viability, the point when the baby can survive outside of the mother’s uterus, generally around 24 weeks gestation. If approved by voters, it would nullify a law that was passed earlier this year that allows abortions up to 15 weeks of pregnancy, with an exception for life of the mother.
The pamphlet language was approved by the legislature. Republicans argued that the “unborn human being” terminology was appropriate because it is the same language used in the current 15-week law. Abortion advocates, on the other hand, argued that the language is deceptive and criticized the high court’s ruling. They argued that the term “fetus” was medically accurate.
Arizona for Abortion Access, a coalition of left-wing pro-abortion groups, said it is “deeply disappointed” by the court’s decision. The group said that voters would be “subjected to biased, politically-charged words developed not by experts but by anti-abortion special interests to manipulate voters and spread misinformation.”
“This decision is beyond disgraceful,” said Athena Salman, director of Reproductive Freedom for All Arizona, one of the coalition members. “But no matter what type of dirty tricks they try to pull to slow down our momentum, we know Arizonans will show up and vote for their freedoms this November.”
State branches of Planned Parenthood and the American Civil Liberties Union are among the left-wing groups in the coalition backing the abortion referendum. Arizona is one of at least eight states to have an abortion referendum on the ballot this year.
The court’s ruling comes as the Arizona secretary of state said that abortion advocates had obtained enough signatures for the referendum to move forward. The pro-life group Arizona Right to Life is challenging the validity of the petition signatures, asserting that pro-abortion groups illegally misled signatories on the nature of the abortion measure.
Arizona’s 15-week law was passed earlier this year after Arizona’s supreme court upheld a 19th century law banning all abortions except in situations where the mother’s life is at risk. The ruling took place after the Supreme Court overturned Roe v. Wade in June 2022.
Abortion is a central issue for the 2024 election cycle, and Arizona is a consequential swing-state for the presidential election. Democrats are hoping that having abortion on the ballot will increase turnout and impact the presidential race and down-ballot contests, including the Senate race between Republican Kari Lake and Democrat Ruben Gallego.
Lake, a former TV presenter, has moderated her abortion stance after she narrowly lost Arizona’s gubernatorial contest to Democrat Katie Hobbs last cycle.