Wednesday, August 9, 2023

FULL TEXT of Proposed "Arizona For Abortion Access" Constitutional Amendment; Tying Abortion To "Right to Privacy"

UPDATE, 9/21: Here is the re-filed, final text of the Arizona for Abortion Access petition which is now on the streets. (Full disclosure: The Law Offices of Paul Weich is a Tempe petition hub. You can ask questions, sign, pick up a sheet to collect signatures, and have your sheet notarized.)

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ORIGINAL ARTICLE, 8/9: 

Here is the full text of the proposed constitutional amendment adding a right to abortion access to the Declaration of Rights in Arizona's Constitution. The petitions will be hitting the streets next month.

Besides the coverage of the issue that we have already seen in the media the past couple of days, I found it interesting that the drafters decided to add it as Section 8.1, rather than just adding it to the bottom of the 37 current enumerated rights. (None of the other sections has a similarly-numbered sub-section.)

Section 8 is Arizonans' "Right to Privacy". Of course, the U.S. Supreme Court had based Roe v Wade on an implicit right to privacy in the U.S. Constitution. And, there have been arguments on both sides about whether Arizona's explicit privacy provision ("No person shall be disturbed in his private affairs, or his home invaded, without authority of law." ) would protect abortion rights.

Numbering this explicit right of a "Fundamental Right to Abortion" as Section 8.1 seems to be both a nod in favor of that argument and a tacit acceptance that the privacy provision would not have been found (by either the Arizona or the U.S. Supreme Courts) to protect abortion rights.

"AZ Law" includes articles, commentaries and updates about opinions from the Arizona Supreme Court, U.S. Supreme Court, as well as trial and appellate courts, etc. AZ Law is founded by Phoenix attorney Paul Weich, and joins Arizona's Politics on the internet. 

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