The Arizona Abortion Entry Act, an initiative that will amend Arizona’s Structure to ascertain a basic proper to abortion, was filed Tuesday. The organizers, Arizona for Abortion Entry, might want to submit a minimum of 383,923 legitimate signatures on petitions by July 3, 2024 to ship the measure to voters subsequent November:
The Arizona Abortion Entry Act amends the Arizona Structure to ascertain a basic proper to abortion that the State could not deny, prohibit or intrude with (1) earlier than the purpose in being pregnant when a well being care supplier determines that the fetus has a big probability of survival exterior the uterus with out extraordinary medical measures except justified by a compelling governmental curiosity (outlined by the act as a regulation or regulation enacted for the restricted goal of enhancing or sustaining the well being of a person in search of abortion care, in keeping with accepted medical requirements of follow and evidence-based drugs, and that doesn’t infringe on that particular person’s autonomous decision-making) that’s achieved by the least restrictive means, or (2) after that time in being pregnant if a well being care supplier determines an abortion is critical to guard the life or well being of the pregnant particular person; and underneath which the State could not penalize people or entities for aiding a pregnant particular person in exercising their proper to abortion.
A CONSTITUTIONAL AMENDMENT
AMENDING ARTICLE II, ARIZONA CONSTITUTION, BY ADDING SECTION 8.1; RELATING TO THE FUNDAMENTAL RIGHT TO ABORTION.
TEXT OF PROPOSED AMENDMENT
Be it enacted by the Individuals of the State of Arizona:
Part 1. Quick title This constitutional modification shall be kown as, and could also be known as, the “Arizona Abortion Entry Act.”
Part 2. Findings and declaration of goal
The Individuals of the State of Arizona discover and declare as follows:
A. Arizonans consider strongly in particular person autonomy, which incorporates the suitable of every particular person to make private selections about their very own well being care with out overbearing and pointless authorities interference.
B. When america Supreme Court docket overturned Roe v. Wade and disadvantaged Arizonans of their longstanding particular person proper to abortion, Arizonans’ autonomy over their very own well being care selections was instantly threatened by efforts to implement a regulation first enacted within the nineteenth Century which made nearly all abortions unlawful.
C. To guard Arizonans’ rights and guarantee entry to reproductive well being care, the Arizona Structure should be amended to ascertain a basic proper to abortion as supplied on this act.
D. This act ought to be liberally construed in furtherance of the elemental proper it establishes.
Part 3. Article II, Arizona Structure, is amended by including part 8.1 to learn:
SECTION 8.1. FUNDAMENTAL RIGHT TO ABORTION
A. EVERY INDIVIDUAL HAS A FUNDAMENTAL RIGHT TO ABORTION, AND NO LAW, REGULATION, POLICY OR PRACTICE SHALL BE ENACTED OR ENFORCED:
1. DENYING, RESTRICTING OR INTERFERING WITH THAT RIGHT BEFORE FETAL VIABILITY UNLESS JUSTIFIED BY A COMPELLING STATE INTEREST THAT IS ACHIEVED BY THE LEAST RESTRICTIVE MEANS.
2. DENYING, RESTRICTING OR ·INTERFERING WITH AN ABORTION AFTER FETAL VIABILITY THAT; IN THE GOOD FAITH JUDGMENT OF A TREATING HEALTH CARE PROFESSIONAL, IS NECESSARY TO PROTECT THE LIFE OR PHYSICAL OR MENTAL HEALTH OF THE PREGNANT INDIVIDUAL.
3. PENALIZING ANY INDIVIDUAL OR ENTITY FOR AIDING OR ASSISTING A PREGNANT INDIVIDUAL IN EXERCISING THEIR RIGHT TO ABORTION AS PROVIDED IN THIS SECTION.
B. FOR PURPOSES OF THIS SECTION:
1. “COMPELLING STATE INTEREST” MEANS A LAW OR REGULATION ENACTED FOR THE LIMITED PURPOSE OF IMPROVING OR MAINTAINING THE HEALTH OF AN INDIVIDUAL SEEKING ABORTION CARE, CONSISTENT WITH ACCEPTED CLINICAL STANDARDS OF PRACTICE AND EVIDENCE-BASED MEDICINE, AND THAT DOES NOT INFRINGE ON THAT INDIVIDUAL’S AUTONOMOUS DECISION-MAKING.
2. “FETAL VIABILITY” MEANS THE POINT IN PREGNANCY WHEN, IN THE GOOD FAITH JUDGMENT OF A TREATING HEALTH CARE PROFESSIONAL AND BASED ON THE PARTICULAR FACTS OF THE CASE, THERE IS A SIGNIFICANT LIKELIHOOD OF THE FETUS’ SUSTAINED SURVIVAL OUTSIDE THE UTERUS WITHOUT THE APPLICATION OF EXTRAORDINARY MEDICAL MEASURES.
Part 4. Severability
If any provision of this measure or its software to any individual or circumstance is held invalid, the invalidity doesn’t have an effect on different provisions or purposes of the measure that may be given impact with out the invalid provision or software, and to this finish the provisions of this measure are severable.
Part 5. Submission to the voters
The Secretary of State shall submit this measure to the certified electors of the State of Arizona on the subsequent common election as supplied by article IV, half 1, part 1, Arizona Structure.
Sec. 6. Standing
The Individuals of the State of Arizona need that this measure, if accredited by the voters and thereafter challenged in court docket, be defended by the State of Arizona. The political motion committee that sponsored this measure (or its designee) shall have standing to provoke or intervene in any motion or continuing to defend this measure.