Arizona judge rejects 'partisan' phrase ‘unborn human being’ from abortion bill that would allow termination up to 40 weeks

An Arizona judge has rejected language in an abortion initiative that used the phrase “unborn human being,” determining it to be too partisan. The initiative, brought forward by a coalition of pro-abortion groups, aims to expand abortion access in the state from 15 weeks to 24 weeks, which is more than half way through a human pregnancy. Republican lawmakers had attempted to include the phrase "unborn human being."

A coalition of pro-abortion groups known as Arizonans for Access, which includes the ACLU of Arizona and Planned Parenthood of Arizona, announced earlier this year that they had enough signatures to put a measure on the ballot in November. If passed, the measure would create a “fundamental right” in the Arizona constitution to have an abortion at any point before “viability.” Additionally, abortion would be allowed up to 40 weeks in cases where it is sought for “the life or physical or mental health of the pregnant individual,” according to Live Action.

Republican lawmakers sought to add the phrase “unborn human being” to the initiative, which immediately resulted in a lawsuit from the pro-abortion groups. The groups claimed the phrase is politically charged and should be replaced with “fetus,” despite the word fetus already being a Latin term that translates to “offspring” or “unborn child.”

“Arizona voters have a right to clear, accurate, and impartial information from the state before they are asked to vote on ballot initiatives,” the pro-abortion coalition argued. Maricopa County Superior Court Judge Christopher Whitten agreed with these claims, ruling that the phrase was “packed with emotion and partisan meaning” and must be rewritten with more “neutral” language.

Following the judge’s decision, Arizona House Speaker Ben Toma said that the decision will be appealed to the state Supreme Court for further consideration.