Fri, Sep 05, 2008

Arizona / West

Ban on partial-birth abortion advances

By Howard Fischer
Capitol Media Services
Tucson, Arizona | Published: 02.29.2008
PHOENIX — Partial-birth abortion could soon again be illegal in Arizona.
The House and Senate gave preliminary approval Thursday to measures enacting a new version of the law that makes the procedure illegal. Final roll-call votes would send the measure to Gov. Janet Napolitano.
Gubernatorial press aide Jeanine L'Ecuyer said Napolitano would not comment on the legislation until it reaches her desk.
In both chambers the voice vote came without any debate.
Rep. Kyrsten Sinema, D-Phoenix, said she will make her arguments against the legislation when it comes up for a final vote. She said there are reasons this law is a bad idea.
But Sen. Paula Aboud, D-Tucson, questioned whether it was worth a floor fight — all the legislation does is align state law with federal statutes.
Arizona's original law was approved in 1997 but never took effect after a federal judge concluded it was unconstitutional. Napolitano, who took over as state attorney general in 1999, declined to pursue the case, leaving the statute on the books but unenforceable.
In 2003, though, the U.S. Supreme Court upheld a congressional ban on partial-birth abortions. This measure, codified in HB 2769 and SB 1099, virtually mirrors that language.
Cathi Herrod, president of the Center for Arizona Policy, said Arizona needs its own law.
"For state and local prosecutors to enforce the ban, you need to have a state law as well," said Herrod, whose organization opposes virtually all forms of abortion. Otherwise, only federal prosecutors could bring charges against doctors.
Herrod also said federal courts might be unwilling to hear these cases unless prosecutors can prove the procedure involves interstate commerce.
Sinema, though, said there are reasons not to enact the same law in Arizona. It takes away women's rights, she said.