TUCSON (KVOA) - Just as Gov. Doug Ducey's abortion law was about to take effect, a judge blocked a very important component of the law in court on Tuesday.
SB 1257 was set to go into law on Wednesday after it was passed "on a party-line vote in the legislature" and signed off by the governor back in April. The law bans women from getting an abortion merely on the basis of fetal conditions or genetic abnormalities.
Those who go through with an abortion would be guilty of a class 6 felony. Similarly, those who knowingly perform an abortion would be guilty of a class 3 felony, according to the court documents.
When Gov. Ducey signed the bill he said there was immeasurable value in every single life regardless of genetic makeup and said he would prioritize protecting life in preborn children.
In her ruling, Judge Douglas Rayes said this portion of the law "imposes an undue burden on the rights of women."
According to the Associated Press, the judge "also threw out another provision that would have let prosecutors bring charges against anyone who helped raise money or pay for an abortion done solely because of genetic abnormality."
To see the court documents in their entirety, click here.
That same day, the Center for Arizona Policy shared their thoughts regarding the ruling.
"A predictable attack on a new pro-life law by abortion activists and the Arizona Medical Association has put one provision of the lifesaving law on hold while it is dragged through the courts. Meantime, preborn babies with genetic conditions like Down syndrome will lack the protection needed against discriminatory abortions
Today, U.S. District Court Judge Doug Rayes issued a mixed ruling in response to the abortion activists’ challenge to Arizona’s new law prohibiting abortions that discriminate against a preborn child diagnosed with genetic conditions like Down syndrome.
While the ruling puts that portion on hold, the judge did allow the other challenged provision to stand. Beginning tomorrow, all Arizona laws will be interpreted to value all human life, at any stage of life.
In addition, the law’s other provisions will also take effect. This means the abortion industry will not be allowed to send the abortion pill through the mail, putting women in danger; the remains of aborted babies will be dignified by either being buried or cremated, and public universities will be prohibited from providing or referring abortions, sparing taxpayers the burden of funding abortions.
Today’s ruling is only the first review by the federal courts. We remain confident the law will be upheld and ruled enforceable in its entirety. It’s a shame the abortion industry is standing in the way of protecting the most vulnerable from discrimination and life itself."
President Policy President Cathi Herrod, Esq.