Arizona judge strikes down three pro-life laws

An Arizona judge on Friday struck down three of the state's pro-life laws, claiming that they violate the state constitution. Arizona voters approved an amendment enshrining a "right" to abortion in the state's constitution in 2024, and since then, pro-abortion organizations and lawmakers have worked diligently to overturn the state's pro-life protections.

Key Takeaways:

• Judge Gregory Como overturned state laws prohibiting the use of telemedicine for abortion pill distribution, a 24-hour waiting period with a mandatory ultrasound, and a ban on discriminatory abortions.

• Como cited Prop 139, the state's pro-abortion constitutional amendment, as his reason for overturning the laws.

• A spokesperson for Senate President Warren Petersen said Republican lawmakers plan to appeal the ruling.

The Details:

In his Friday decision, Maricopa County Superior Court Judge Gregory Como struck down the following three laws:

• a restriction on the use of telemedicine for abortion pill distribution.

• a 24-hour waiting period requirement, which also mandated that a woman must undergo an ultrasound at least 24 hours before the procedure.

• a law protecting preborn children from discriminatory abortions due to gender, race, or fetal abnormalities.

The laws, which all went into effect prior to the 2024 constitutional amendment vote, were challenged last May by two abortion businesses that cited the pro-abortion constitutional amendment in their lawsuit.

In his ruling, Como said that the laws violated a woman's “fundamental right to abortion under Arizona law.” 

“Each of these laws infringe on a woman’s ‘autonomous decision making’ by mandating medical procedures and disclosure of information regardless of the patient’s needs and wishes,” Como wrote in his ruling.

READ: Distressing photo appears to show aborted baby sucking thumb while left to die

Arizona state House Speaker Steve Montenegro and Senate President Warren Petersen had argued that the laws should remain in place because they concern the health and safety of women, who may benefit from additional time to view an ultrasound and consider the life-changing decision they are about to make. A spokesperson for Petersen's office said Republican lawmakers plan to appeal the ruling.

Zoom In:

Proposition 139, the constitutional amendment passed by Arizona voters, forbids the state from enforcing any policy that interferes with abortion access prior to "viability" — an arbitrary guideline not defined in the amendment, but which traditionally falls around 24 weeks. This amendment's passage fueled the abortion industry to challenge and overturn many of the state's pro-life protections, including a law protecting preborn children from abortion after 15 weeks, in addition to the three laws overturned by Como.

Democratic Attorney General Kris Mayes — who had refused to defend the laws on behalf of the state — praised Como's decision.

"This ruling affirms that Arizona women have a constitutional right to access the reproductive healthcare they need, without unnecessary government interference," Mayes said in a statement. "Doctors must be allowed to provide care based on their medical judgment, not on the beliefs of anti-abortion politicians."

The Bottom Line:

Arizona Right to Life previously told Live Action News the group would remain undeterred in fighting for preborn children in the state as it works with pro-life lawmakers to fight the ramifications of Prop 139's passage.

"Every month in Arizona, hundreds of children are being slaughtered in the womb, and Prop 139’s extreme abortion expansion has only accelerated that reality. Our legislative response is meant to restore basic protections and demand that human dignity, not political pressure, defines our laws," said Katarina White, AZ Right to Life Legislative Liaison.

"Our pro-life legislators have been more than willing to stand up in this moment, and their partnership is making it possible to push back against the new constitutional reality that treats abortion as a fundamental right."