Lawsuit demands replacing “unborn human” with “fetus” for neutrality.
Pamphlet language reflects current law terminology.
Arizona repealed a near-total abortion ban from 1864 in May.
Supporters of a ballot measure to amend Arizona’s constitution for abortion rights have filed a lawsuit against Republican lawmakers, challenging the language used in a voter pamphlet set for distribution before the November polls. They argue that the term “unborn human” is biased and should be replaced with “fetus” for neutrality.
Arizona for Abortion Access, the group spearheading the ballot measure, requested the Maricopa County Superior Court to mandate the Arizona Legislative Council to adopt impartial language. The group asserts that “fetus” is a neutral, objective, and medically accurate term, as used by medical professionals and government bodies.
The pamphlet summary, required by law and approved by the Republican-majority council, states that current law prohibits abortion if the probable gestational age of the “unborn human” exceeds 15 weeks, except in emergencies. It also mentions that the proposed amendment would establish a right to abortion up to the point of fetal viability. This phrasing mirrors the existing law, which uses “unborn human,” though the ballot measure does not.
Arizona for Abortion Access contends that while state law does not mandate neutral language in the laws themselves, it does require neutrality in the pamphlet summary.
Arizona Senate President Warren Petersen, a defendant in the lawsuit, defended the council’s language, asserting that it accurately reflects the measure and is unbiased.
Arizona is among several states, including Florida and Nevada, where voters will address abortion rights measures this November. In May, Arizona lawmakers repealed a near-total abortion ban from 1864, leaving the 15-week ban passed in 2022 as the standing law. This move followed an Arizona Supreme Court ruling allowing prosecutors to enforce the Civil War-era ban, in light of the U.S. Supreme Court’s 2022 decision to eliminate the nationwide right to abortion established by Roe v. Wade in 1973.
