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.

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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Planned Parenthood’s Lawsuit Endangers the Health & Safety of Arizona Women

Planned Parenthood filed a lawsuit yesterday against two Center for Arizona Policy (CAP) supported bills – House Bill 2416 and Senate Bill 1030 in superior court. This suit is an outrageous affront to the women of Arizona. The nation’s largest abortion provider is proving once again that they are more concerned with selling abortions than protecting vulnerable women with crisis pregnancies.

Medication abortions are not a safer alternative to surgical abortions, and clinics dispensing abortion medication should be properly licensed and equipped to handle complications. Planned Parenthood is challenging these basic provisions of HB 2416.

The Arizona Legislature considered the many medical risks of medication abortion in passing HB 2416 and SB 1030.Dr. Allen Sawyer, an experienced and respected Arizona ob-gyn, submitted written testimony that women are at a ten times greater risk of death from infection from medication abortions than surgical abortions.

The pill’s own FDA label states that nearly all women who take the medication will experience an adverse reaction, and at least eight women have died from complications of medication abortion. Based on all of the medical evidence, the Legislature acted within its constitutional authority to protect the health and safety of Arizonans.

In their lawsuit, Planned Parenthood also says it is “medically inappropriate” to provide women with a physical examination before an abortion, keep intravenous drugs available in case of an emergency, and give women a follow up phone call twenty-four hours after taking the abortion pill. Planned Parenthood claims that they will have to shut down rather than offer women the same standard of care that they receive for every other medical procedure. These are unconscionable examples of their “quantity over quality” business model.

Arizona women deserve better, and Center for Arizona Policy is committed to seeing these important health and safety standards enforced.

For more information, visit www.azpolicy.org.

[Some GOP] Presidential Candidates Pledge to Advance Pro-life Issues In Office

From one of my favorite national pro-life organizations, The Susan B Anthony List.

What is extremely troubling is that Mitt Romney, Herman Cain and Gary Johnson (no surprise) refused to sign this pledge!

FOR IMMEDIATE RELEASE: June 17, 2011
CONTACT: Ciara Matthews

2012 Hopefuls Sign Pro-Life Leadership Presidential Pledge

WASHINGTON, D.C. – The Susan B. Anthony List (SBA List) today announced the Republican candidates for President who have signed its Pro-Life Leadership Presidential Pledge, committing them to actively advance pro-life policies and legislation if they are elected to the White House.  Signers of the pledge include Michele Bachmann, Newt Gingrich, Ron Paul, Tim Pawlenty and Rick Santorum.  Marilyn Musgrave, former Congresswoman and Project Director for SBA List, made the announcement at the Republican Leadership Conference in New Orleans this afternoon. SBA List is also calling on pro-life activists to put pressure on those candidates who have refused to sign, Mitt Romney, Herman Cain, and Gary Johnson, to sign the pledge.

“We applaud those candidates who did sign the pledge for vowing to support and advance the protection of life at all stages if elected to the White House,” said Musgrave.  “Their signatures demonstrate that mere lip-service to protecting women and the unborn is not enough—it must be backed up by concrete action.”

According to the pledge, available here, if elected President, candidates will:

  • Only nominate to the U.S. Supreme Court and federal bench judges who are committed to restraint and applying the original meaning of the Constitution, not legislating from the bench;
  • Select pro-life appointees for relevant Cabinet and Executive Branch positions, in particular the head of National Institutes of Health, the Department of Health & Human Services, and the Department of Justice;
  • Advance pro-life legislation to permanently end all taxpayer funding of abortion in all domestic and international spending programs, and defund Planned Parenthood and all other contractors and recipients of federal funds with affiliates that perform or fund abortions;
  • Advance and sign into law a Pain-Capable Unborn Child Protection Act to protect unborn children who are capable of feeling pain from abortion.

“The conviction and resolve of these candidate’s answers grassroots hunger for authentic leadership.  Any ‘truce’ on social issues is not viable, nor is it acceptable to the grassroots,” said SBA List President Marjorie Dannenfelser.  “As one of the most activist presidents on abortion in history protects political allies like Planned Parenthood and continually appoints activist federal judges, the situation demands a strong leader who will advance consensus and life affirming legislation and policy at all levels.”

The Susan B. Anthony List spent $11 million during the 2010 midterm election cycle. Overall, the SBA List was involved in 90 races including 62 wins and 28 losses. Successes included: defeating 15 of 20 so-called “pro-life” Democrats who voted for abortion funding in the health care reform bill; increasing the number of pro-life women in the House by 70 percent; filling the void of pro-life women in the U.S. Senate and increasing the number of pro-life women governors from one to four.

 

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