Government
Abortion-rights groups sue to block Arizona laws
■ The lawsuits contend that 24-hour waiting periods, parental consent requirements and other provisions restrict patients' access to abortions.
By Amy Lynn Sorrel — Posted Oct. 6, 2009
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Some Arizona laws are under pressure from two separate lawsuits filed in state and federal court by abortion-rights supporters.
The Center for Reproductive Rights and Planned Parenthood Arizona sued the state in September to block the statutes, which require doctors to give women seeking abortions certain information regarding risks and alternatives to the procedure. Women then must wait 24 hours before undergoing an abortion.
The laws also mandate that only licensed physicians perform abortions, and they must obtain parental consent before performing the procedure for a minor. Other provisions strengthen doctors' and other health care professionals' rights to refuse abortion-related services.
The lawsuits contend that the statutes illegally restrict access to the procedure and infringe on women's constitutional rights to make private medical decisions with their doctors.
The Arizona section of the American College of Obstetricians and Gynecologists is concerned about a provision that requires doctors to wait until after the 24-hour counseling period has expired before receiving payment for services provided to patients who merely inquire about an abortion. The organization is supporting the Center for Reproductive Rights' challenge to that provision, but it remains neutral on the issue of abortion and the remainder of the laws.
Physicians say the measure's vagueness could lead to physicians unwittingly violating the law, even if a patient has no plans to obtain an abortion or if the doctor refers her elsewhere. But supporters of the statutes, including some physicians, say the rules were intended to help women make informed medical choices and to protect doctors' conscience rights.
The anti-abortion Center for Arizona Policy is asking to join the two cases as a defendant. Several lawmakers and physician organizations that oppose abortion, including the Christian Medical and Dental Assns. and the American Assn. of Pro-Life Obstetricians and Gynecologists, joined the request.
Preliminary hearings were set for Sept. 29 in the two cases, filed in Maricopa County Superior Court and the U.S. District Court for the District of Arizona in Phoenix. Gov. Jan Brewer signed the abortion measures into law in July. Her office did not respond to requests for comment.
The Arizona Medical Assn. did not take a position on the abortion statutes or the lawsuits.