'Fetus' or 'Unborn Human Being': Voter pamphlet terminology sparks legal battle

Phoenix, Arizona: The group Arizona for Abortion Access, which has backed a November abortion rights ballot initiative, has sued a GOP-led legislative committee that wants to refer to a fetus as an “unborn human being" in the voter pamphlet.

The group says the pamphlet summary should simply use the word “fetus", and says “unborn human being” is a politically charged phrase aimed at provoking opposition to the measure.

“Arizona voters have a right to clear, accurate and impartial information from the state before they are asked to vote on ballot initiatives,” the group said in a statement. “The decision of the Arizona Legislative Council fails to abide by that responsibility by rejecting the request to use the neutral, medical term ‘fetus’ in place of ‘unborn human being’ in the 2024 General Election Publicity Pamphlet.”

The proposed constitutional amendment would allow abortions in Arizona until a fetus could survive outside the womb, typically around 24 weeks, with exceptions to save the woman’s life or to protect her physical or mental health. It would restrict the state from adopting or enforcing any law that would prohibit access to the procedure. Arizona currently has a 15-week abortion ban.

This measure is seen as a response to recent legal changes, including the upholding of a near-total 1864 abortion ban by the Arizona Supreme Court, which has since been repealed by the state legislature and signed by the governor.