On a 20-10 margin, the state Senate voted Tuesday to ban virtually all abortions at 20 weeks of gestation, a measure that Planned Parenthood Arizona says makes it the most restrictive in the nation.
The vote came over objections of foes to HB 2036 who have argued that the question of terminating a pregnancy should be left to a woman and her doctor, without legislative intervention. But Sen. Steve Yarbrough, R-Chandler, said it's not that simple.
"There's a third person in that room,'' he said. "There's the baby. Who speaks for her, the totally innocent one with no voice? Who has the duty and the right to speak for her? We do.''
Senate Minority Leader David Schapira said he understands that, in a representative democracy, legislators are legally empowered to make such decisions.
But the Tempe Democrat said the problem with such hard and fast rules is that lawmakers cannot possibly understand each person's situation. He claimed a majority of doctors oppose this bill for that reason.
"I think we should weigh that and we should consider that when we cast our votes,'' he said. "Just like if a vast majority of educators say something in education is a bad idea or recommend that we do something in education, I think we should hear them out.''
Sen. Steve Smith, R-Maricopa, however, put the issue on a larger scale.
"I would like to listen to the 50 million-plus children that have been aborted and killed since Roe v. Wade,'' he said, referring to the landmark 1973 U.S. Supreme Court ruling which concluded that women have a constitutional right to terminate a pregnancy. "I would like to listen to what they think of this bill.''
Tuesday's vote sends the measure to the House which has not considered the issue.
Current law makes abortion legal until a fetus is "viable.''
The statutes do not spell out how far that is into a pregnancy. Instead, it leaves the decision to the attending physician who gets to decide that, in any given case there is a "reasonable probability'' that the fetus could survive outside the uterus, with or without artificial support.
Sen. Nancy Barto, R-Phoenix, said that is generally considered between 22 and 24 weeks.
This legislation is based on the argument that a fetus is sufficiently developed at 20 weeks to be able to feel pain, regardless of its viability. That contention drew extensive debate during hearings, with medical professionals on both sides of the issue.
This new 20-week limit puts Arizona in line with at least six other states which have implemented similar restrictions.
But Michelle Steinberg, a spokeswoman for Planned Parenthood Arizona, said she believes this legislation is even more restrictive.
"The way you determine gestation is based on the last actual period,'' she said, which is a simple matter of consulting with the patient.
Steinberg said this measure, however, specifically requires a doctor to perform "all medical examinations, imaging studies and tests'' of the woman and the fetus that a reasonable physician would consider necessary "in making an accurate diagnosis with respect to the gestational age.'' She said that difference between the last menstrual cycle and the actual time of conception might cut another week or more off the 20-week permitted time for an abortion.
But Barto said those concerns are misplaced. She said doctors will not have to do anything different under this measure to determine how far along a fetus is developed.
Barto also said the law recognizes that ascertaining gestational age is not a precise science. She said no doctor who makes a good faith effort to determine the age before performing an abortion would face the risk of prosecution.
The legislation makes performing an abortion at 20 weeks or beyond a Class 1 misdemeanor which can result in six months in jail. The only exception would be for a medical emergency.
Some opponents of the law said there also should be exceptions in cases of rape and incest.
VofReason posted at 12:51 pm on Tue, Mar 27, 2012.
I would hesitate to ask what happens if on the 21st week the pregnancy had the potential to kill the mother if taken to term. Hate to take the other side here because I think we know that most abortions are becuase pregnancy isn't convenient for the mother (and or father) and has little to do with the health potential of the mother. Sadly, it would be ideal if abortions only occured in extreme cases, not because people are selfish and or ignorant.
American Socialist posted at 1:59 pm on Tue, Mar 27, 2012.
Well, I'm glad you know whats best for every woman in AZ...
In_God_We_Trust posted at 3:46 pm on Tue, Mar 27, 2012.
Where a mother's health is at issue I really think the state should stay out of it, but as abortion is used today as another form of birth control I think they are murdering their own children for the sake of convenience.
Juggernaut8000 posted at 3:54 pm on Tue, Mar 27, 2012.
Why can't policians keep their hands off other peoples bodies?
Don't these idiots know humans aren't exactly an endangered species and more babies that were initially unwanted will only pollute our planet more.
This is most likely the religious influence that these fools still believe in...lunacy.
In_God_We_Trust posted at 4:32 pm on Tue, Mar 27, 2012.
Ya Juggernaut like the rediculous notion that human life is sacred and needs to be protected. Liberals are so quick to call republicans Nazis and hard hearted yet they have no problem with the concept of euthanizing babies just because they are inside and not outside of a woman's womb and she doesn't want it. You're right though when you say human life isn't an endangered species. I guess by that you mean babies are cheap, plentiful and not worth protecting of each life. If it's religious influence that keeps us from degenerating into eating our own young then I'm all for it.
Dale Whiting posted at 4:57 pm on Tue, Mar 27, 2012.
For those of us who don't know what's really going on here, the Arizona Legislature has decided to challenge Roe v. Wade. Roe says the boundry line is week 26, not 20. But that was based upon now outdated medical technology. Where a fetus 27 weeks old was presumed to be viable out of the womb, now with advances, the age is younger. So whomever decides to challenge will probably loose. That's what advances in medical technology do.
Accuracy posted at 7:26 pm on Tue, Mar 27, 2012.
According to the National Abortion Federation, 88% of all abortions in the United States are obtained within the first 12-13 weeks after the last menstrual period.
Mississippi House of Representatives passed the "Heartbeat Bill" (HB 1196) this month, which would prohibit abortions if a heartbeat can be detected. The bill now heads to the state senate in Mississippi.
The Ohio House of Representatives passed a similar “Heartbeat Bill.” That bill would ban abortion once a heartbeat is detected — as early as six weeks into a pregnancy. The bill is expected to be considered by that state's senate now that the March primary has concluded.
Now, the Arizona Senate has approved an anti-abortion bill; A bill that generally bans abortions after 20 weeks of pregnancy and institutes disclosure mandates, including one that requires the state to set up a website with images of fetuses at various stages of development for women to view. Republicans supporting the measure say the risks to women's health after 20 weeks are much greater. They also claimed that after that point in development, a fetus can feel pain.
Other states including Nebraska already have specific abortion legislation in place.
k33j88 posted at 4:59 am on Wed, Mar 28, 2012.
Before one decides to wave the "Roe vs. Wade" flag, watch an abortion in progress. Every American should see for themselves before making a judgement call. It should be allowed only in EXTREME cases, not as a contraception alternative.
Leon Ceniceros posted at 10:38 am on Wed, Mar 28, 2012.
6,000,000 Jews, Gypsies, Homosexuals, Slavs and the Mentally Retarded were killed by the Nazi's during the Holocaust during World War II.
6,000,000 American Human Fetuses were killed by abortions by the "Femi-Nazi's" and their Abortion Providers in the United States since the 1970's.
The Nazi's have been condemned for ..."CRIMES AGAINST HUMANITY"....why haven't the Femi-Nazis and their baby-killing cohorts ???
Why have American Human Fetuses become the new "Untermensch" (Sub-Humans in German...what the Nazi's considered the people that they put to death).