In late April Governor Dough Ducey signed Senate Bill (SB) 1457, an expansive anti-abortion bill with a plethora of mandates impacting both patients and medical professionals. The bill opens by guaranteeing civil rights for fetuses at any stage of development, with an exception for embryos created via in vitro fertilization.1
“There’s immeasurable value in every single life — regardless of genetic makeup,” Ducey said in a statement. “We will continue to prioritize protecting life in our preborn children, and this legislation goes a long way in protecting real human lives.”2
Under the new legislation it is a Class 6 felony to perform an abortion solely because of a genetic abnormality that is not considered “lethal”. To be considered lethal a fetal condition must be diagnosed before birth and result in death within 3 months after birth. Further, it is a criminal offense to use force or threat to intimidate a person to have an abortion because of a genetic abnormality of the child or accept or solicit money to finance an abortion for the same reasons. To note, this does not apply in the case of a medical emergency when the mother’s life is at risk. This also does not apply in cases of indirect harm due to lack of prenatal or follow-up care.
In addition to imposing criminal sanctions, Senate Bill 1457 prohibits mailing or delivering abortion-inducing medications, allows the father or maternal grandparents of a fetus aborted due to genetic issues to sue, and bans the spending of state money on abortion care. The measure also requires fetal remains to be buried or cremated, and it forbids state universities from providing abortion care.1
The social conservative group Center for Arizona Policy and its president Cathi Herrod have been fierce advocates for this legislation.
“Today, the Arizonans win. Arizona children diagnosed with disabilities prior to birth will no longer be discriminated against,” Herrod wrote in a statement minutes after the bill was signed. “Arizona women will be ensured commonsense safeguards if they choose the abortion pill. Arizona taxpayers will not be forced to support abortions at public colleges and universities, and the laws of Arizona will be interpreted to value all human life.”3
Many have also spoken up in strong opposition this legislation with abortion rights groups holding multiple rallies at the Capitol. Democratic Representative Diego Espinoza responded by tweeting, “Gov. Ducey’s decision to sign SB1457 is not pro-life. It is anti-families, anti-woman, and anti-doctor. I’m disappointed to see Arizona moving in this direction, ignoring the needs and desires of doctors, women, and families for an extreme political agenda.”4
One of the biggest opponents to this bill is the American Civil Liberties Union (ACLU) of Arizona. A day after Governor Ducey signed SB 1457 the organization released a statement describing deep disappointment in the governor for signing what they feel is unconstitutional legislation. Further, ACLU of Arizona argued SB 1457 “will undoubtedly have unintended consequences for people who experience pregnancy loss of any kind and will force people to carry pregnancies to term against their will.” 5
Progress Arizona, a self-described digital hub for Arizona progressives, echoed ACLU of Arizona’s message stating the law will put physicians “in an incredibly difficult position, as they could receive a felony for providing basic health care.” Announcing further, “we look forward to the litigation that will follow today’s signature.”6
Litigation has followed. Arizona doctors Paul A. Isaacson and Eric M. Reuss, along with the Arizona Medical Association, the National Council of Jewish Women Arizona, and the Arizona National Organization for Women filed the suit in the U.S. District Court of Arizona. Represented by the Center for Reproductive Rights, the American Civil Liberties Union, and the ACLU of Arizona plaintiffs are seeking an injunction to stop the scheduled September 29 implementation. In their filings preliminary statement, the plaintiffs argue that SB 1457, “Imposes drastic and unlawful measures that ban abortion for an entire group of Arizona patients, and threatens maternal healthcare… If S.B. 1457 is not enjoined it will wreak havoc on reproductive healthcare across Arizona, with devastating effects for pregnant patients and medical providers throughout the state.” They further argue, “This ban targets pregnant people who face complex and personal considerations as a result of fetal genetic screening or diagnostic testing during routine prenatal care, including decisions about what is best for them and their families, and then intrudes upon that private decision-making by wrenching away their right to choose previability abortion.” The final argument describes the negative impact this ban will have on patient-provider communication by creating incentive for patients to withhold medical information.7
As this case moves through the court system Abortion remains a prevalent topic nationally and in Arizona with advocates from both sides passionately advocating their positions. This year alone states have signed more than 90 abortion restrictions into law with many being challenged in court. Later this year, the U.S. Supreme Court will hear oral arguments in the Dobbs v. Jackson Women’s Health Organization8 — a direct challenge to Roe v. Wade in which Mississippi has asked the court to allow states to ban abortion before viability.
Update November 2021 – This article was written in September 2021 and since then a Federal Court has blocked the provisions of SB 1457. The law was viewed as unconstitutionally restrictive of reproductive rights choices9. The arguments for abortion rights in US Federal Courts will continue in the US Supreme Court this year.
References
1. Senators Barto: Boyer, Gray, Kerr, Leach, Livingston, Petersen, Shope. Senate bill 1457. (Fifty-fifth Legislature First Regular Session 2021).
2. Office of the Governor. GOVERNOR DUCEY signs legislation to protect preborn children. https://azgovernor.gov/governor/news/2021/04/governor-ducey-signs-legislation-protect-preborn-children. Accessed 9/13/21.
3. Center For Arizona Policy. Life wins! governor signs SB 1457. https://www.azpolicy.org/2021/04/27/life-wins-governor-signs-sb-1457/. Accessed 9/13/21.
4. Espinoza D. Response to gov. Ducey. https://twitter.com/espinozadiego19/status/1387176115005911043
5. ACLU OF ARIZONA. Aclu of arizona condemns passage of sb 1457. https://www.acluaz.org/en/press-releases/aclu-arizona-condemns-passage-sb-1457. Accessed 9/13/21.
6. Progress Arizona. Thread. https://twitter.com/progress_az/status/1387177974126895108
7. Lopez V, Nestler E. Paul a. isaacson, m.d., et al. v. mark brnovich, et al. 8/17/21.
8. Center for Reproductive Rights. Dobbs v. jackson women’s health organization. https://reproductiverights.org/case/scotus-mississippi-abortion-ban/. Accessed 9/13/21.
9. Brem, H. Federal court temporarily blocks Arizona abortion law. The Jurist. Published 9/30/21. Accessed https://www.jurist.org/news/2021/09/federal-court-temporarily-blocks-arizona-abortion-law/.
Spencer Bayless is a member of The University of Arizona College of Medicine-Phoenix Class of 2023. He graduated from Arizona State University with a degree in Biological Sciences and an emphasis in Neurobiology. Spencer has special interests in health care economics, policy, and quality improvement. He enjoys traveling, ping-pong, and seeking new experiences.