Key part of Arizona genetic-abnormality abortion law blocked

Key part of Arizona genetic-abnormality abortion law blocked

SeattlePI.com

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PHOENIX (AP) — A judge has blocked a key portion of a new Arizona law that would have let prosecutors bring felony charges against doctors who knowingly terminate pregnancies solely because the fetuses have a genetic abnormality such as Down syndrome.

U.S. District Judge Douglas Rayes on Tuesday also threw out another provision that would have let prosecutors bring charges against anyone who helped raise money or pay for abortions done solely because of genetic abnormality.

The judge said the law’s criminal provisions were likely unconstitutionally vague, explaining it’s unclear at what point in the process doctors can be deemed to be aware that fetal genetic abnormality exists.

Rayes also said another portion of the law made an incorrect statement by saying the statute requires providers to tell women that the law bars abortions because of genetic abnormality.

The judge made clear the new law didn’t prohibit abortions because of a fetal genetic abnormality, nor did it necessarily bar doctors from performing such abortions. Instead, the law would prohibit doctors from performing such abortions if they know the woman’s motive, Rayes said.

The provision “essentially requires providers to mislead their patients into believing that their constitutionally protected choice is unlawful” and would make it less likely that women will know they have the right to terminate a pregnancy because of a fetal genetic abnormality, wrote Rayes, who was appointed by former President Barack Obama.

The ruling, however, did bring a partial victory for abortion opponents.

The judge refused to put on hold a “personhood” provision that says the state will interpret all laws to confer the rights of people on unborn children, subject to the Constitution and U.S. Supreme Court rulings.

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