Arizona Court Rules Against Planned Parenthood on Abortion Requirements
By Penny Starr
CNS News
Tuesday, August 16, 2011
http://www.cnsnews.com/news/article/arizona-court-rules-against-planned-pare
(CNSNews.com) – In a blow to Planned Parenthood, an Arizona appeals court has lifted an injuction that blocked abortion regulations from taking effect in the state.
After hearing arguments from both sides earlier this month, the Arizona Court of Appeals on Aug. 11 overturned a Maricopa County Superior Court ruling, which found that portions of the 2009 law -- signed by Gov. Jan Brewer and challenged by Planned Parenthood of Arizona -- could cause “irreparable harm” to women.
In a 44-page ruling, the three-judge panel’s unanimous decision, written by Appeals Court Judge Peter B. Swann, found that “the four statutory provisions that regulate the performance of abortions [do not] violate the equal protection or privacy clauses of the Arizona Constitution.”
The ruling means that the requirements on abortion set forth in the 2009 law will now go into effect. The legislation includes the following:
• Requires a woman seeking an abortion to meet face-to-face with the licensed physician performing the abortion at least 24 hours prior to the procedure.
• Only licensed physicians can perform surgical abortions.
• Upholds the requirement that minors get a notarized statement of parental consent before getting an abortion.
• Pharmacists and other health-care professionals can refuse to provide emergency contraception or any other abortion-related service if they oppose abortion for religious or moral reasons.
“Arizona is one of many states in recent months to pass common-sense regulations on abortion,” Mathew Staver, founder and chairman of the religious freedom advocacy group Liberty Counsel, said in a statement about the court ruling. “This history of abortion on demand will one day be remembered as the worst chapter in American history.”
“This is a great day for Arizona women and parents," Gov. Jan Brewer said. “The 2009 Abortion Consent Act empowers women by giving them the objective information they need prior to deciding whether to have an abortion. Women deserve all the facts from their physician, in-person, before making such a critical decision. Today’s court decision will help guarantee that."
Gov. Brewer also expressed support for stronger parental consent, calling it a "fundamental principle that Arizonans on both sides of the abortion debate can support."
The Arizona Republic reported on the day after the ruling that Bryan Howard, CEO and executive director of Planned Parenthood of Arizona, was disappointed by the appellate court's decision to lift the injunction, saying the law was “likely unconstitutional.” He added that the appellate court's decision “puts the health and well-being of women at risk by restricting their access to comprehensive care.”
The essential American soul is hard, isolate, stoic, and a killer. It has never yet melted. ~ D.H. Lawrence
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