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Rules OK'd for judges in girls' abortions

Howard Fischer, Capitol Media Services

March 25, 2008 - 1:47PM , updated: March 26, 2008 - 12:54AM

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State lawmakers gave final approval Tuesday to proposed legislation spelling out what a judge must - and may - consider when deciding whether a minor is mature enough to have an abortion without telling her parents.

The 18-12 vote came over objections of foes who said it would throw additional barriers in the path of girls who, for whatever reason, choose not to involve at least one parent in the process. But Sen. Linda Gray, R-Glendale, said it simply codifies in statute the standards already mandated by the state Court of Appeals.

HB2263, which already has passed the House, now goes to Gov. Janet Napolitano.

Moments later, the Senate voted 21-9 to enact a new law making late-term, or "partial birth," abortions again illegal in the state. Arizona's original law, adopted in 1997, never took effect after a federal judge concluded it was unconstitutional.

Since that time, though, the U.S. Supreme Court has upheld a federal law banning the practice in which a live fetus is partially delivered but killed during the process. Cathi Herrod, lobbyist for the socially conservative Center for Arizona Policy, said HB2769 mirrors that federal law.

That bill also now goes to the governor.

In separate action Tuesday, the House voted 32-28 to ban nurse-practitioners from performing abortions.

HB2269, which now goes to the Senate, is specifically aimed at Planned Parenthood, where Rachael Chanes said a nurse practitioner now performs more than half of the abortions at the organization's Tucson facility. Chanes, vice president of community services, said the two doctors now available there could not keep up with the demand.

"Women are not going to get the services they need in a timely fashion," she said.

Rep. Linda Lopez, D-Tucson, was more direct, saying the change will return Arizona to the days when abortion was illegal and "women were denied any legal right to make medical decisions about their on bodies." She said it making the procedure less available won't result in fewer abortions.

"There will be women ... who will resort to back-alleys or their own self-induced abortion," Lopez said. "Once again there will be unnecessary deaths and needless pain and suffering women because our government is choosing to interfere with every woman's legal right to control her own body."

But Rep. Marian McClure, R-Tucson, said this isn't about taking away women's rights. McClure said she doubts that a nurse-practitioner would have the skills to deal with emergencies that can arise during an abortion.

Gubernatorial press aide Jeanine L'Ecuyer would not say whether Napolitano plans to veto either of the two abortion-related bills that gained final Senate approval Tuesday.

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