Pamphlet on Arizona Abortion Measure Can Say 'Unborn Human Being'

While celebrating that Arizona voters will get to weigh in on an abortion rights ballot measure this November, reproductive rights advocates on Wednesday blasted a state Supreme Court ruling about language in a related informational pamphlet.

Overturning a decision from the Maricopa County Superior Court, the Arizona Supreme Court ruled that Republican legislators' use of "unborn human being" to refer to a fetus in the pamphlet "substantially complies" with the state's impartiality requirements.

"The Arizona Supreme Court today reversed the trial court's well-reasoned ruling and held that the phrase 'unborn human being'—a watchword for anti-abortion advocates with no basis in medicine or science—is somehow impartial or objective," the Arizona for Abortion Access campaign said in a statement.

"This means that Arizona voters won't get to learn about the questions on their ballot in a fair, neutral, and accurate way but will instead be subjected to biased, politically charged words developed not by experts but by anti-abortion special interests to manipulate voters and spread misinformation," the campaign continued.

"We are deeply disappointed in this ruling," the campaign added, "but will not be deterred from doing everything in our power to communicate to voters the truth of the Arizona Abortion Access Act and why it's critical to vote YES to restore and protect access to abortion care this fall."

The Arizona Abortion Access Act is a proposed state constitutional amendment that would prohibit many restrictions on abortions before fetal viability and safeguard access to care after viability to protect the life or health of the patient. The office of Arizona's secretary of state formally certified the proposed ballot measure on Monday.

The campaign to get the measure on the ballot garnered national attention earlier this year, when the Arizona Supreme Court upheld an 1864 abortion ban that includes no exceptions for pregnancies resulting from rape or incest. Although Democratic Arizona Gov. Katie Hobbs signed legislation to repeal the ban less than a month later, reproductive rights advocates have continued to emphasize the importance of passing the amendment.

Arizona is one of several states where reproductive freedom measures are—or soon could be—on the ballot in November. Rights advocates have increasingly pushed and succeeded in passing such measures since the U.S. Supreme Court's right-wing supermajority reversed Roe v. Wade two years ago, which set off a fresh wave of GOP efforts to enact state abortion bans.

The battle over the Arizona pamphlet is connected to a broad push by the anti-choice movement to ultimately end abortion care by recognizing fetuses and embryos as people with legal protections and rights.

This strategy has even influenced the latest Republican Party platform, which says that "we believe that the 14th Amendment to the Constitution of the United States guarantees that no person can be denied life or liberty without due process, and that the states are, therefore, free to pass laws protecting those rights."

The platform was finalized last month, shortly before the Republican nominee, former President Donald Trump, announced U.S. Sen. JD Vance (R-Ohio) as his running mate—a decision that further stoked fears of what a GOP victory in November would mean for abortion rights at the federal level.

Trump and Vance are set to face Democratic Vice President Kamala Harris and Minnesota Gov. Tim Walz, who have strong support from reproductive rights groups. Planned Parenthood Action Fund president Alexis McGill Johnson recently declared that they "are the only people we can trust to ensure that everyone has the freedom to make decisions about their own bodies."