Arizona Supreme Court Rules Fetus Can Be Called 'Unborn Human Being' In Voter Guide

The Arizona Supreme Court has ruled that the term "unborn human being" can be used in brochures provided to voters considering a new abortion measure.

This week, Arizona joined seven other states that will have abortion measures on the ballot this fall, allowing voters to decide whether the procedure should be enshrined as a right under the state constitution.

The Arizona Abortion Access Act aims to overturn the current 15-week abortion ban and establish the right to abortion up to fetal viability — typically considered around 24 weeks — in the state constitution.

Under state law, officials are required to draft an "impartial analysis" of each measure that will appear on the general election ballot. This analysis is included in pamphlets sent by the Secretary of State to voters before the election.

Supporters of the Arizona Abortion Access Act challenged the impartiality of the voter guide's analysis, which uses the phrase "unborn human being." They argued that the term is politically charged and should be replaced with "fetus," a term they consider more neutral and medically accurate.

A lower court initially sided with abortion rights advocates, ruling that the phrase "unborn human being" violated the requirement for impartiality. "The only issue before the Court is whether the phrase 'unborn human being' as approved by the Legislative Council is 'an impartial analysis of the provisions of [the subject] ballot proposal' as required by [Arizona law]. It is not," wrote Maricopa County Superior Court Judge Christopher Whitten.

However, the Arizona Supreme Court overturned this decision, noting that the term "unborn human being" is already used in existing state law. The court ruled that the phrase complies with the impartiality requirement and must be included in the voter guide.

The case arose from a lawsuit filed by the pro-abortion rights group Arizona for Abortion Access, which argued that the use of the term "unborn human being" was intended to "confuse voters."

Cheryl Bruce, the campaign manager for Arizona for Abortion Access, criticized Republican lawmakers, saying, “The very same legislators who instituted the extreme abortion ban currently in place, a ban that has no exceptions for rape or incest, are now trying to put their thumbs on the electoral scale in an effort to confuse voters.”