In instances of hereditary irregularities including Down Syndrome, Arizona can impose a 2021 law that restricts physicians from intentionally terminating pregnancy solely for that reason. The Supreme Court ruled on June 30 that the restriction might stay in effect while the law is challenged in court. Arizona Attorney General Mark Brnovich submitted an emergency request on June 30 and asked the court to allow the law to be renewed after being obstructed by a lower court judge.
“Every society will ultimately be judged by how it treats its most vulnerable,” Brnovich told Fox News. “I am proud to stand up for Arizona’s law protecting the unborn.”
Senate Bill 1457 makes it a Class 3 felony for medical professionals to end a pregnancy exclusively due to a fetal irregularity. Any doctors or healthcare experts that stop working or carry out to report an abortion can lose their medical license and be fined $10,000.
The law does approve exceptions for a medical emergency situation. Arizona Governor Doug Ducey signed the procedure into law in April of 2021.
SB 1457 also “requires that fetal remains be buried or cremated, grants civil rights to the unborn and allows the father to bring a civil action on behalf of the fetus,” per NBC News.
“The law of this state shall be interpreted and construed to acknowledge, on behalf of an unborn child at every stage of development, all rights, privileges, and immunities available to other persons, citizens and residents of this state, subject only to the Constitution of the United Staes and decisional interpretations thereof by the United States Supreme Court,” the bill states.
State Senator Nancy Barto, who sponsored the bill, stated she opposed discrimination versus fetuses with genetic abnormalities.
“I am proud to live in a state that values life — all life,” Barto said in a statement in February. “That means we must make these critical fixes to our laws to protect the most vulnerable among us.”
“There are incredible numbers of people that appreciate those children that have come into the world with a genetic abnormality like Down or other serious issues that are genetic,” said Barto, per AP.
The law had actually been set up to work on Sept. 29, 2021, however, was obstructed following a legal obstacle from pro-abortion groups consisting of the Center for Reproductive Rights, the National Council of Jewish Women, the National Organization for Women and the Arizona Medical Association.
The suit, which was submitted to U.S. District Court in Phoenix, argued that “the law will have a chilling effect on the communications between doctors and patients, preventing physicians from counseling women about a difficult decision” and that “the threat of criminal penalties will discourage abortions for any reason if the doctor has cause to suspect the fetus could have a genetic abnormality,” notes ABC News.
In September, U.S. District Judge Douglas Rayes ruled the law’s criminal charges were constitutionally unclear as it was uncertain how to figure out if medical professionals understood fetal problems.
H/T Timcast
