BREAKING NEWS: Planned Parenthood Lawsuit Against Abortion Consent Act Is Over

A court order entered today by Maricopa County Superior Court Judge Mark Brain officially ends the legal attack on the Abortion Consent Act by Arizona’s largest abortion provider, Planned Parenthood.

In August, the Arizona Court of Appeals ruled that the CAP-drafted and supported Abortion Consent Act was constitutional in a 3-0 decision. Today’s court order dismisses all remaining claims in the case and allows the Abortion Consent Act to take effect immediately.

The Abortion Consent Act is the single most significant piece of pro-life legislation in Arizona. This is a tremendous victory for the entire state, especially women and preborn children.

The provisions in the Abortion Consent Act include:

  • The state will require a notarized parental signature before an abortion can be performed on a minor child.
  • Women will be provided with full and accurate information by a doctor in person at least 24 hours before an abortion.
  • Medical professionals cannot be forced to perform abortions if it contradicts their sincerely held religious or moral beliefs.
  • Non-doctors will not be permitted by law to perform surgical abortions.

While this is a monumental step forward for the Arizona, there is still much work to be done to see the sanctity of human life protected from its very beginning to its natural end.

Center for Arizona Policy is grateful to all of those who made this victory possible, including Governor Jan Brewer, the Arizona Legislature, the Arizona Attorney General’s Office, Alliance Defense Fund, Bioethics Defense Fund, Life Legal Defense Foundation, and the many Arizonans who turn out every election cycle to vote their values and elect officials that stand for life.

For more information on the Abortion Consent Act visit CAP’s information page: http://bit.ly/qDCDpv

To read the decision from the Court of Appeals click here: http://bit.ly/r2m5QU

Another Step Closer

Another Step Closer
This week’s announcement that Planned Parenthood will not appeal to the Arizona Supreme Court a Court of Appeals ruling which upheld the Abortion Consent Act is one more step in the right direction for our state.

This doesn’t mean that the court battles over the protection of women’s health and safety and preborn children are over, but it does mean that some significant safety standards will be going into effect.

Along with the Abortion Clinic Regulations that took effect last November, here are some of the protections for women with crisis pregnancies:

  • Non-doctors cannot perform an abortion or distribute the dangerous abortion pill.
  • A parent’s signature must be notarized before an abortion can be performed on a minor-child.
  • Medical professionals can’t be forced to perform abortions against their sincerely held religious or moral beliefs.
  • Women must have an ultrasound and the opportunity to view the image before an abortion.
  • Doctors cannot distribute the abortion pill via webcam also known as telemedicine.
  • Women must have an in-person consultation with a doctor at least 24 hours before an abortion.

For a complete explanation of all the abortion litigation, click here.

The only remaining litigation regarding CAP-supported pro-life legislation concerns the distribution of abortion medication. All aspects of these regulations are in effect, except a provision saying women must be monitored at the clinic after taking the abortion pill.

Planned Parenthood Caught in Another Lie
The Arizona Republic ran a fact check on statements made by Planned Parenthood Arizona’s CEO Bryan Howard this week and, not surprisingly, found the statements to be completely false. Planned Parenthood’s smear campaign against the common sense provisions in the Abortion Consent Act included a claim that the standards would force doctors to read a state-mandated script to women before an abortion.

The Republic cited the actual law, and showed how the regulations say nothing about reading a script. Instead, the law provides guidelines with certain aspects of an abortion that must be discussed with a woman, in order to ensure she is able to give full and informed consent. Read the fact check here.

40 Days for Life in Phoenix
You may recall that in a June 5 Minutes for Families, I told you about a Phoenix Magazine story about Camelback Family Planning and their head abortionist, Gabrielle Goodrick. The article claimed that Goodrick shockingly performs an average of 40 abortions per week.

The next 40 Days for Life campaign here in Phoenix will be outside Ms. Goodrick’s clinic. 40 Days for Life is a pro-life effort that consists of 40 days of prayer and fasting, peaceful vigils outside abortion clinics, and community outreach. Lives have been saved thanks to 40 Days for Life. This campaign will run from September 28 – November 6. Click here for details and to find out how to get involved.

BREAKING NEWS: Another Life Victory! Planned Parenthood Won’t Appeal Abortion Consent Act to State Supreme Court

Arizona’s largest abortion provider, Planned Parenthood, announced today that they would not appeal to the Arizona Supreme Court the Court of Appeals ruling which upheld the 2009 Abortion Consent Act.

This is yet another victory for those who care for women and preborn children. Lives will be spared now that these common sense health and safety standards will be going into effect.

The new provisions include:

  • The state will require a notarized parental signature before an abortion can be performed on a minor child.
  • Women will be provided with full and accurate information by a doctor in person at least 24 hours before an abortion.
  • Medical professionals cannot be forced to perform abortions if it contradicts their sincerely held religious or moral beliefs.
  • Non-doctors will not be permitted by law to perform surgical abortions.

Planned Parenthood said they will continue to challenge parts of the Arizona’s abortion clinic regulations as applied to the distribution of the dangerous and deadly abortion pill.

Arizona’s women deserve better than Planned Parenthood’s “quantity over quality” standard of care for women considering abortion. Center for Arizona Policy remains committed to seeing all aspects of the Abortion Consent Act and Abortion Clinic Regulations fully enacted.

For more information on the Abortion Consent Act visit CAP’s information page: http://bit.ly/qDCDpv

To read the decision from the Court of Appeals click here: http://bit.ly/r2m5QU

Victory!

Victory!
Yesterday is a day I will never forget. The Abortion Consent Act, one of the most important pieces of pro-life legislation ever passed in our state’s 99 year history, was upheld as constitutional by a three judge panel on the Arizona Court of Appeals. The court’s opinion vacated Judge Daughton’s prior decision to enjoin four key provisions of the Abortion Consent Act.

The brilliant opinion demonstrated that the judges saw through the nonsensical Planned Parenthood allegations. The Court specifically ruled that our state constitution does not create a right to an abortion greater than the federal constitutional right to an abortion – a key and correct interpretation of our state constitution.

This victory embodies everything Center for Arizona Policy stands for in our battle to promote and defend life, marriage and family, and religious liberty:

Life
Women will now be provided with full and accurate information by a doctor in person at least 24 hours in advance, protecting their health and safety, and potentially saving the lives of the preborn. Planned Parenthood’s practice of using non-doctors to perform surgical abortions will no longer be permitted by law. Women deserve better medical care. Now they will get it.

Marriage and Family
Parents’ fundamental right to direct the upbringing of their children are protected because the state will require a notarized parental signature before an abortion can be performed on a minor child. The real life tragedy of a 16-year old girl who received an abortion on the basis of her boyfriend’s email forgery will not happen again in Arizona.

Religious Liberty – Rights of Conscience
Those individuals working in any facility providing any type of abortion and any of those facilities cannot be forced to perform or facilitate an abortion if it contradicts their religious or moral beliefs.

A Powerful Message Sent
Judge Peter Swann wrote the opinion which included some very impactful statements. Here are a few of my favorite quotes from the 44 page decision:

On the notarization requirement:
“Because we find no legal merit to Planned Parenthood’s legal challenge, we vacate the injunction against the enforcement of the notarization requirement.”

On the 24-hour waiting period:
“The state could easily conclude that because ‘physicians are better qualified … to impart this information [on abortion] …’ such an important choice should be made in consultation with a physician.”

On the rights of conscience of medical professionals:
“… whatever right a woman may have to ‘chart her own medical course,’ it cannot compel a health-care provider to prefer her chosen care.”

What’s Next?
While yesterday’s victory was monumental, this battle is not over. Planned Parenthood undoubtedly will attempt an array of legal maneuvers to stop the law from going into effect. Keep praying for final victory!

Thank You!
Elections matter. Yesterday’s victory would not have happened without you – the values voters – supporting candidates who value life and support common-sense abortion regulations. It would not have happened without you standing with us in prayer, citizen activism, and financial support. For at least the last 15 years, many of the provisions upheld yesterday had been voted down or vetoed by previous legislators and Governor.

I especially thank Governor Jan Brewer, who signed the Abortion Consent Act in 2009. Senators Nancy Barto and Linda Gray sponsored the original legislation. The litigation team was led by Arizona Attorney General Tom Horne’s office, and former Arizona Speaker Kirk Adams and current Speaker Andy Tobin’s office as well as our friends at Alliance Defense Fund, Bioethics Defense Fund, and Life Legal. As always, our allied work with Arizona Catholic Conference was critical in seeing this historic piece of legislation passed into law.

CAP Legal Counsel Deborah Sheasby drafted the Abortion Consent Act and has poured countless hours into this important law. She is truly a blessing to have on the CAP team.

Ultimately, glory be to God for the victory. As my favorite Proverb says: The horse is prepared for the day of battle but victory belongs to the Lord.

Governor Jan Brewer Statement on Arizona Abortion Consent Act Ruling

FOR IMMEDIATE RELEASE: August 11, 2011
CONTACT: Matthew Benson

Injunction Lifted on Abortion Regulations

“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.

“The Act also empowers parents by strengthening Arizona’s parental consent laws. Now, in most cases, any minor seeking an abortion must first obtain a notarized statement of parental consent. Effective parental consent is a fundamental principle that Arizonans on both sides of the abortion debate can support. Today’s ruling will also protect women’s health and safety by requiring that surgical abortions be performed by a physician.

“These are common sense regulations that will help protect Arizona families, and I’m thrilled the Court has allowed the law to take effect as intended.”

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House Speaker Andy Tobin Praises Ruling Protecting Life

FOR IMMEDIATE RELEASE: August 11, 2011
CONTACT: Daniel Scarpinato

Arizona Court of Appeals upholds Abortion Consent Act

STATE CAPITOL, PHOENIX (AUGUST 11, 2011) – House Speaker Andy Tobin released the following statement today in response to the Arizona Court of Appeals upholding the Abortion Consent Act.

“Today’s decision by the Arizona Court of Appeals is a tremendous victory for life in Arizona. The Abortion Consent Act protects the health and safety of Arizona women as well as the preborn. While I wish we had been able to implement this important legislation two years ago, this is a significant step forward in our efforts to protect and defend life at all stages. I want to congratulate my legislative colleagues on both sides of the aisle who supported this legislation and Governor Brewer for signing it. I’m also very grateful to Attorney General Horne and his legal team for providing a strong legal defense of this litigation as well as David Cantelme for legally representing my office in the case.”

Under the Abortion Consent Act, passed by the Legislature and signed by Governor Brewer in 2009:

  • The state will require a notarized parental signature before an abortion can be performed on a minor child.
  • Women will be provided with full and accurate information by a doctor in person at least 24 hours before an abortion.
  • Medical professionals cannot be forced to perform abortions if it contradicts their sincerely held religious or moral beliefs.
  • Non-doctors will not be permitted by law to perform surgical abortions.

Here’s a link to the Court’s ruling: http://azcourts.gov/Portals/89/opinionfiles/CV/CV090748.pdf

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Kirk Adams: Huge Win for Women and Life

FOR IMMEDIATE RELEASE: August 11, 2011
CONTACT: info@kirkadams2012.com

EAST VALLEY – Kirk Adams praised today’s Ruling by the Arizona Court of Appeals upholding the Abortion Consent Act that he helped pass.

“This ruling is a huge blow to the abortion industry lobbyists and a huge win for women and life in Arizona,” Adams said. “This sensible legislation protects the health and safety of women and of the unborn. Unfortunately, the advocates of abortion on demand delayed its implementation by two years, but today, finally this sensible legislation can now go into effect. This case held implications for recognizing a broader right to an abortion in Arizona. I chose to intervene in this critical case to stop Planned Parenthood’s pro-abortion agenda.”

Passed in 2009 and supported by Adams, the Abortion Consent Act requires a notarized parental signature before an abortion can be performed on a minor, provides full and accurate information to women at least 24 hours before an abortion, protects the rights of medical professionals who do not want to perform abortions and bans non-doctors from performing surgical abortions. By intervening in the lawsuit, and fighting Planned Parenthood in court, Arizona House Leadership, under the direction of Kirk Adams, led the charge against planned parenthood.

Today’s ruling overturns an injunction that followed a lawsuit by Planned Parenthood.

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VICTORY FOR LIFE ADVOCATES: ARIZONA COURT OF APPEALS UPHOLDS ABORTION CONSENT ACT

FOR IMMEDIATE RELEASE
August 11, 2011
Contact: Aaron Baer, 602.424.2525, ext. 242, or 602.456.1792

Victory for Life Advocates:
Arizona Court of Appeals Upholds Abortion Consent Act

Key provisions protecting health and safety of women upheld

PHOENIX – The Arizona Court of Appeals today upheld the Abortion Consent Act. This law, signed by Governor Jan Brewer in 2009, was enjoined by Maricopa County Superior Court Judge Daughton following a Planned Parenthood lawsuit.

Today’s 3-0 opinion vacates the injunction in its entirety.

Center for Arizona Policy (CAP) drafted the Abortion Consent Act and is a part of the legal team defending the constitutionality of the law. The team is led by the Arizona Attorney General, Arizona House Speaker, and Alliance Defense Fund and also includes Bioethics Defense Fund and Life Legal Defense Foundation.

Key provisions that will be enacted include:

  • The state will require a notarized parental signature before an abortion can be performed on a minor child.
  • Women will be provided with full and accurate information by a doctor in person at least 24 hours before an abortion.
  • Medical professionals cannot be forced to perform abortions if it contradicts their sincerely held religious or moral beliefs.
  • Non-doctors will not be permitted by law to perform surgical abortions.

“The Court acknowledged the Legislature’s right to pass legislation to protect the health and safety of women considering abortion,” said Deborah Sheasby, Center for Arizona Policy’s Legal Counsel. “This is a major victory for Arizona women.”

“If Planned Parenthood truly cared about what’s best for women, they wouldn’t be repeatedly going to court around the nation to stop laws that allow women to make fully informed choices,” said ADF Senior Counsel Steven H. Aden, who argued before the Court of Appeals on June 14. “The court ruled rightly in this case in rejecting the arguments of the nation’s largest purveyor of abortion.  The protection of women is not unconstitutional.”

For more information on the Abortion Consent Act visit CAP’s information page: http://bit.ly/qDCDpv

To read the decision from the Court of Appeals click here: http://bit.ly/r2m5QU

For more information about Center for Arizona Policy, visit azpolicy.org or contact Aaron Baer, 602.424.2525.

Center for Arizona Policy promotes and defends the foundational values of
life, marriage and family, and religious liberty.

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Arizona’s Roe v Wade?

Arizona’s Roe v Wade?

On Tuesday, the CAP policy team will attend the Arizona Court of Appeals hearing on the 2009 Abortion Consent Act in Planned Parenthood v Horne. This case could decide if there is a greater right to an abortion in the Arizona Constitution than in the U.S. Supreme Court’s Roe v Wade decision.

The Abortion Consent Act, which was signed by Governor Brewer but challenged in court soon after, includes provisions to:

  • Ensure that a parent’s signature authorizing an abortion for their minor daughter be notarized before the abortion can happen.
  • Provide women with greater informed consent protections.
  • Protect health care professionals from being forced to perform abortions if they have sincerely held moral or religious pro-life beliefs.

Guarantee that non-doctors cannot perform surgical abortions.

Follow me on Twitter or CAP on Twitter and Facebook to get up-to-the-moment updates from the hearing. Please be in prayer for a favorable outcome.

The Eggsploitation of Women

There are just a handful of seats for Monday night’s screening of Eggsploitation at Arizona Christian University at 7:00 p.m. Immediately following the screening there will be a panel discussion with some of the nation’s leading experts on egg donation:

  • Jennifer Lahl, Executive Producer of Eggsploitation and President of the Center for Bioethics and Culture.
  • Nik Nikas, President and General Counsel of the Bioethics Defense Fund.
  • Brett Harvey, Senior Legal Counsel for Alliance Defense Fund.

Deborah Sheasby, CAP’s Legal Counsel, and I will also be on the panel. To guarantee your seat you must RSVP. We won’t be able to take walk-ups and you won’t want to miss this unique event!

Elections are Closer Than You Think!

Election season is right around the corner – and I’m not talking about the Presidential primary. Throughout Arizona, city elections will be held in August and November. CAP is currently working on compiling a City Voter Guide for Phoenix, Tucson, Yuma, and Prescott, and will post the responses at azvoterguide.com.

But first things first: You have to be registered to vote! June 26 and July 3 are Voter Registration Sundays, and we have plenty of Voter Registration Kits to help you start your drive at your church.

CAP Policy Intern, Michal Ann Morrison, wrote a blog post this week about how just a few votes have made the difference in some very important elections. Check it out; then order your Voter Registration kit here.