Arizona Court Deals Major Blow to Planned Parenthood

By Susan Brinkmann, OCDS
Staff Journalist

An Arizona appeals court has lifted an injunction that blocked abortion regulationsfrom taking effect, allowing these new and potentially life-saving rules to become law immediately.

CNSNews.com is reporting that a three-judge panel of the Arizona Court of Appeals issued a unanimous 44-page ruling in which it found that Planned Parenthood’s charge that the four new rules would cause “irreparable harm” to women was unfounded.

Writing for the panel, 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.”

This means the new requirements on abortion, which were set forth in a 2009 law, can now go into effect. The law 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.

According to the Arizona Republic, Bryan Howard, CEO and executive director of Planned Parenthood of Arizona expressed disappointment at the court’s decision, insisting that 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.”

Arizona Governor Jan Brewer, who signed the bill into law three years ago, disagrees. “This is a great day for Arizona women and parents. 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.”

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