Arizona Law Banning Abortions After 20 Weeks Faces Lawsuit

State   |   Steven Ertelt   |   Jul 13, 2012   |   11:31AM   |   Phoenix, AZ

A new Arizona law pro-life Gov. Jan Brewer signed to ban abortions after 20 weeks of pregnancy now faces a lawsuit from the ACLU seeking to overturn it in court.

House members passed the bill by a 37-22 vote and abortions after that time period would not be allowed except in very rare cases of medical emergency. The bill also requires abortion facilities to allow women to have an ultrasound of their unborn baby at least 24 hours prior to having the abortion. In many cases women change their minds about a planned abortion after seeing the images of their developing child.

Against the best interests of the health and safety of Arizona’s women, the American Civil Liberties Union and the Center for Reproductive Rights have filed a lawsuit to block the law from going into effect on August 2 as planned.

The Center for Arizona Policy helped draft HB 2036, known as the Mother’s Health and Safety Act, and testified in support of the bill.

“Once again, we see supposed ‘pro-woman’ organizations fight to protect abortion-on-demand despite the serious risks abortion presents to new moms,” said Cathi Herrod, President of Center for Arizona Policy. “The medical evidence presented during committee hearings make it clear that abortions after 20 weeks present a much greater risk to the life of the women. There is also substantial medical evidence that preborn children can feel pain at this age.”

“Center for Arizona Policy is committed to seeing this law take effect. Americans support common sense standards that protect women from the dangerous practices of the abortion industry,” Herrod said.

This bill, called “The Mother’s Health and Safety Act”:

  • Prohibits abortion after 20 weeks because of the safety risks to the mother and the pain endured by the preborn child
  • Ensures women have an ultrasound at least 24 hours prior to an abortion
  • Establishes an informed consent website which details the facts about fetal development, risks of abortion, and services available.
  • Requires doctors performing surgical abortions to have admitting privileges at a hospital within thirty miles of the abortion facility.

Arizona Right to Life was also supportive of the legislation.

After it was signed, Americans United for Life president Charmaine Yoest commended Brewer and called the bill “a life-protecting bill designed to ensure that women don’t suffer from the risks of a dangerous, late-term procedure.” She said Arizona is the first state in the country to enact a late-term ban based on concerns over protecting women’s health by demonstrating that abortion is not only bad for the unborn child, it is also bad for women.

“Arizona is leading the nation in enacting this new law that shows concern for both mother and child. The abortion industry’s war on women has left many injured people behind. This ban will protect women’s lives, despite the best efforts of the abortion industry to block reasonable limits on a procedure that becomes more dangerous with each passing week,” she said.

Yoest praised the Arizona House for approving the measure calling it “a life-protecting bill designed to ensure that women don’t suffer from the risks of a dangerous, late-term procedure.” She said Arizona is the first in the nation to pass a late-term ban based on concerns over protecting women’s health by demonstrating that abortion is not only bad for the unborn child, it is also bad for women.

“The abortion industry’s war on women has left many injured people behind. This ban will protect women’s lives, despite the best efforts of the abortion industry to block reasonable limits on a procedure that becomes more dangerous with each passing month,” said Dr. Yoest. “Medical evidence demonstrates that abortion can cause serious physical and psychological complications—and the risk of those complications raises dramatically later in pregnancy.  By prohibiting abortion after 20 weeks, the Arizona Legislature has taken a vital step toward protecting the health of women in Arizona. I urge Governor Brewer to sign the bill into law.”

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Yoest said the abortion industry commonly hides the sometimes deadly consequences of late-term abortions. She said the findings of fact included with the bill lay out some of the risks of late-term abortions, including higher medical risks and higher short-term and long-term physical and psychological complications.

Sen. Nancy Barto, R-Phoenix, was the main sponsor of HB 2036 and she cited testimony of a doctor who said that a 20-week fetus has sensory receptors all over its body. She also said there is evidence that the later along a pregnancy, the greater the chance of complications for the mother.