The Truth About Arizona's Pro-Life Law

The Truth About the Arizona Pro-Life Law

Editor’s note: the Alliance Defending Freedom (ADF) defended the law in court.
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These are excerpts from their news releases about the case:

What does Arizona’s pre-Roe law say?

Arizona’s law protects unborn children from the moment of conception—a position that has been bolstered by 50 years of scientific research since Roe v. Wade was decided.

Contrary to the so-called “viability” rules adopted in previous court cases, research shows that unborn babies’ hearts begin to beat at just six weeks—months before they can survive outside the womb. At eight weeks, babies have visible fingers and toes. At ten weeks, their fingerprints begin to develop, further affirming their unique personhood.

Arizona’s law forbids all people, including physicians, from performing an abortion except to save a mother’s life. The law is designed to protect unborn children, and it is also crafted to protect women from the heightened risk of illness and physical or mental trauma that can come with elective abortions.

Why is it important to defend this law?

First, Arizonans have chosen to protect life through their elected representatives for decades. The state’s pre-Roe law was initially codified as a territorial law in 1901, and it was reenacted in 1977.

In September 2022, an Arizona judge again affirmed the law and ruled that it could take effect. Arizona also passed another law protecting life after 15 weeks, and that law specifically stated that it did not repeal the pre-Roe law at issue in this case.

Despite all this, Planned Parenthood is attempting to strike down the law. Dr. Hazelrigg and Dennis McGrane understand the importance of protecting unborn children and upholding Arizona’s duly elected laws, which is why they chose to intervene in this case.

Second, elective abortions not only kill unborn children but also put women in danger. Women who undergo elective abortions suffer a heightened risk of death, illness, and psychological trauma.
Abortion businesses like Planned Parenthood rely on performing abortions to make a profit. They lie to women about abortion and its consequences and pressure women into thinking that abortion is their only option. Arizona’s law and others like it around the country will ensure that women actually receive the care and support they need.

“Life is a human right, and today’s decision allows the state to respect that right and fully protect life again—just as the legislature intended,” said ADF Senior Counsel Jake Warner, who argued before the court. “Life begins at conception. At just six weeks, unborn babies’ hearts begin to beat. At eight weeks, they have fingers and toes. And at 10 weeks, their unique fingerprints begin to form. Arizona’s pro-life law has protected unborn children for over 100 years, and the people of Arizona, through their elected representatives, have repeatedly affirmed that law, including as recently as 2022. We celebrate the Arizona Supreme Court’s decision that allows the state’s pro-life law to again protect the lives of countless, innocent unborn children.”