Key part of Arizona genetic-abnormality abortion law blocked
Judge says provisions were likely unconstitutionally vague
PHOENIX, Ariz. (KYMA, KECY/AP) - U.S. District Judge Douglas Rayes has blocked a portion of Arizona law allowing prosecutors to bring felony charges against doctors who abort pregnancies solely because the mother knows the infant would be born with a genetic abnormality like Down syndrome.
Judge Rayes also threw out another provision Tuesday granting prosecutors the ability to bring charges against anyone assisting financially in genetic-abnormality-based abortions.
He described the law's criminal provisions as "unconstitutionally vague," saying the legal terminology doesn't accurately describe at what process doctors are considered "aware" or "unaware" of the fetus' genetic makeup.
Additionally, the law did not prohibit genetic-abnormality-based abortions either. According to the judge, it only prohibits doctors from aborting the fetus if they know the mother's motive.
The provision “essentially requires providers to mislead their patients into believing that their constitutionally protected choice is unlawful” and would make it less likely that women will know they have the right to terminate a pregnancy because of a fetal genetic abnormality, wrote Judge Rayes.
The ruling, however, did bring a partial victory for abortion opponents.
The judge refused to put on hold a “personhood” provision that says the state will interpret all laws to confer the rights of people on unborn children, subject to the Constitution and U.S. Supreme Court rulings.
The Center for Reproductive Rights and other groups challenging the law worried it would have dissuaded doctors from performing abortions anytime there may be an indication of a genetic problem for fear of criminal prosecution.
Ultimately, this law would never block a woman from getting an abortion, it would only encourage her to not tell her doctor the real reason why she wants to abort the fetus.
