Jan Brewer Signs Controversial Abortion Bill Into Law

PHOENIX (Reuters) - Arizona Governor Jan Brewer on Tuesday signed into law a controversial bill that makes the state the first in the nation to outlaw abortions performed on the basis of the race or gender of the fetus.

The move comes as anti-abortion groups across the nation try to seize on gains made by political conservatives during the November elections, seeking enactment of new state laws to further restrict abortions.

Under the new Arizona statute, doctors and other medical professionals would face felony charges if they could be shown to have performed abortions for the purposes of helping parents select their offspring on the basis of gender or race.

The women having such abortions would not be penalized.

State legislators have said no such law exists anywhere else in the nation.

Backers of the measure said the ban is needed to put an end to sex- and race-related discrimination that exists in Arizona and throughout the nation. They insist the issue is about bias rather than any broader stance on abortion.

"Governor Brewer believes society has a responsibility to protect its most vulnerable -- the unborn -- and this legislation is consistent with her strong pro-life track record," a spokesman said.

But opponents have maintained that while such abortions may be happening in other countries like China, no clear evidence can found of it occurring in Arizona.

Planned Parenthood Federation of America also said the measure may erode a woman's rights, fearing that doctors for the first time would feel compelled to ask their patients the reasons for seeking an abortion.

A Planned Parenthood official in Arizona condemned the governor's action in a statement to Reuters.

"This law creates a highly unusual requirement that women state publicly their reason for choosing to terminate a pregnancy -- a private decision they already made with their physician, partner and family," said Bryan Howard, the group's chief executive.

The law contains no explicit provision requiring doctors to ask their patients their reasons for seeking an abortion, nor for patients to disclose such reasons. But opponents of the measure feel passage of the new law might make them feel more inclined to do so.

The law would take effect 90 days following the end of the current legislative session.

(Editing by Steve Gorman and Peter Bohan)

Copyright 2010 Thomson Reuters. Click for Restrictions.

Comments

[BarryWolk]

06:23 PM on 05/04/2011

This is freakin' insane already!!!

We must boycott all things Arizona and have NOTHING to do with anything involved w/this state!! Imagine making a woman publicly state WHY she is getting a LEGAL abortion!

These CONservitives are 1000 times worse than 1984 and Big Brother watching over us. They are exactly like the Taliban!!

Perhaps someone can set up an non-profit organization that could help effect a 'Brain Drain' on Arizona by subsidizing the moving expenses of Arizona's brightest and most productive citizens to relocate to other states in America. Just a thought!

[Darlene Matthews]

12:56 AM on 04/02/2011

But she kills off the living disabled? How Ironic.
http://christiandemocratsofamerica.ning.com/forum/topics/az-governor-brewers-death

[Janetshusb]

12:37 PM on 04/01/2011

"......outlaw abortions performed on the basis of the race ........ of the fetus."

What races are we talking about here? Who is it that will be determining whether the abortion is race related or not? What about the case of a mixed couple with an unplanned pregnancy seeking an abortion? Exactly how is race a problem? Who is it that is so concerned about race and what do they hope to accomplish with this bill?

[BeautyAmerican]

03:06 AM on 04/02/2011

The only one who can see the baby's race is Kreskin. All the doctor can do is look at the mother and make an educated guess as to the race of the baby. If she's anything other than white, he will likely refuse to do it because he would not want to be convicted of performing a now-illegal racially motivated abortion. It's not that the state wants to raise non-white babies, they just want non-white women to go someplace else to get an abortion -- and to stay away. They are rolling out the unwelcome mat, in a big big way over there in AZ.

[BeautyAmerican]

07:55 PM on 03/31/2011

Read bill HR2416. http://www.azleg.gov/legtext/50leg/1r/bills/hb2416h.htm

36-2152., Sec 4, 12A : a person shall not knowingly perform an abortion on a pregnant unemancipated minor

36-2152., Sec 5, : 1(a) Perform fetal ultrasound imaging

1(b) Offer to provide the woman with an opportunity to view the active ultrasound

1(c) Offer to provide the woman with a simultaneous explanation of what the ultrasound is depicting

1(d) Offer to provide the patient with a physical picture of the ultrasound

2 ...The woman certifies in writing before the abortion that she has been given the opportunity...

2 (c) ... In addition to other remedies...for a violation of this section...

2 (c 2) ... The father of the unborn child...

2 (c 3) ... The maternal grandparents...

I'm not doing justice to the pasting effort. It's all in there.

[Fina Biscotti]

02:49 AM on 04/02/2011

Thanks for the information, BeautyAmerican.

It is worthwhile - and shows that other considerations are involved - any time - a woman gets an abortion.

[BeautyAmerican]

03:09 AM on 04/02/2011

The point is that the state is now involving (potentially) the mother's parents, her grandparents, the baby's daddy and an anti-abortion group into the room where a woman should be allowed to make her own personal and private decision, without interference from others.

[palisades02]

01:02 PM on 03/31/2011

These activists are exploiting and distorting the facts to serve their antiabortion agenda. They ignore the fundamental reason women have abortions and the underlying problem of racial and ethnic disparities across an array of health indicators. The truth is that behind virtually every abortion is an unintended pregnancy. This applies to all women—black, white, Hispanic, Asian and Native American alike. Not surprisingly, the variation in abortion rates across racial and ethnic groups relates directly to the variation in the unintended pregnancy rates across those same groups.
Black women are not alone in having disproportionately high unintended pregnancy and abortion rates. The abortion rate among Hispanic women, for example, although not as high as the rate among black women, is double the rate among whites. Hispanics also have a higher level of unintended pregnancy than white women. Black women's unintended pregnancy rates are the highest of all. These higher unintended pregnancy rates reflect the particular difficulties that many women in minority communities face in accessing high-quality contraceptive services and in using their chosen method of birth control consistently and effectively over long periods of time. Moreover, these realities must be seen in a larger context in which significant racial and ethnic disparities persist for a wide range of health outcomes, from diabetes to heart disease to breast and cervical cancer to sexually transmitted infections (STI), including HIV.

[Fina Biscotti]

03:11 AM on 04/02/2011

PS - "unintended" pregnancies can be prevented.

When a woman and a man fail to take the necessary precautions - for unintended pregnancies - certain members of society created a plan to eliminate their irresponsibility = abortion.

When abortions became "legalized", abortion clinics became a regular "industry" - that resulted in having US taxpayers pick up the tab for abortions - and the building of abortion clinics.

Since abortions become such a "simple procedure" - no different than a person having their nails done = manicures,
those US taxpayers who do not believe in abortions = pro-life, want to stop the payment of abortion services with the use of US taxpayer money.

Other people want to continue to have US taxpayer money finance abortions, abortion services, abortion clinics.

Those who believe that all people who pay taxes should continue to have US taxpayer money support this ideology - that the unborn can be/should be dispensed with - by the flick of a scapel or a rod - should spend their own money supporting abortions, abortion services, abortion clinics - and leave the rest of the US taxpayers out of it.

Just sayin'

[palisades02]

09:43 AM on 04/02/2011

PS. Perhaps you should look up the stats on the number of abortions actually paid for by the tax payer. In 2010, only 109 qualified for federal aid.

Hate to break it to you, but sometimes, even if you take all the right precautions, an unwanted pregnancy may occur.

When the government stops funding religious institutions through tax exemption status, then we can talk about pro-choice funding.

Just sayin'

[Janetshusb]

10:13 AM on 04/02/2011

Abortion is not funded by taxpayer money. Reproductive clinics get money from donations, fund raisers, public appeals and fees in order to fund their abortion services. No government funds provide abortions.

Climb down from you soap box, have some iced tea to cool your apoplectic indignation.

[BeautyAmerican]

08:53 PM on 04/02/2011

Roe v. Wade 1973: "with a 7-to-2 majority vote in favor of Roe. Burger and Douglas' concurring opinion and White's dissenting opinion were issued separately, in the companion case of Doe v. Bolton. The Roe Court deemed abortion a fundamental right under the United States Constitution, thereby subjecting all laws attempting to restrict it to the standard of strict scrutiny."

Nixon, 1970: "Planned Parenthood has received federal funding since 1970, when President Richard Nixon signed into law the Family Planning Services and Population Research Act, amending the Public Health Service Act. Title X of that law provides funding for family planning services, including contraception and family planning information."

Roe v. Wade, again: "The Court decided that a right to privacy under the due process clause in the Fourteenth Amendment to the United States Constitution extends to a woman's decision to have an abortion, but that right must be balanced against the state's two legitimate interests for regulating abortions: protecting prenatal life and protecting the mother's health."

Further, "The Roe decision defined "viable" as being "potentially able to live outside the mother's womb, albeit with artificial aid," adding that viability "is usually placed at about seven months (28 weeks) but may occur earlier, even at 24 weeks."

Even the Hyde Amendment (1976) does not bar funding for Planned Parenthood. Non-profits like Crisis Pregnancy Centers (pro-life group) receives millions of government funded dollars too.

If PP gets defunded, the CPC's should be, too.

[palisades02]

10:49 PM on 04/02/2011

F&F

[Sesame2009]

12:57 PM on 03/31/2011

This law is part of the republicans' well-crafted, sinister plan, to attack groups they feel threaten their party.  They are going after the groups they believe are not REAL Americans and who "Stole" the election for Barack Obama. 

Group 1--Poor African-Americans who they believe committed voter fraud.  Therefore they went after ACORN. 

Group 2--Illegal Immigrants who somehow managed to vote in elections.  Therefore, enact draconian anti-immigration laws. 

Group 3--First Generation Americans, the so-called "Anchor Babies".  Therefore, try to repeal the 14th amendment.

Group 4--Student voters.  Therefore make it more difficult for college students to vote by taking away their voting rights and instituting new identification rules that don't allow student IDs to serve as a valid ID.

Group 5--Unions.  Therefore they are trying to dismantle unions by going after collective bargaining. 

Group 6--White voters who feel guilty about White Racism. This group is the most difficult to attack.  So their approach has been multifaceted. 


One approach is to rewrite history and say that accusations of racism are exaggerated.  They do it by rewriting textbooks and manipulating the national narrative.

They lie and say our forefathers worked tirelessly to abolished slavery. 
They lie and say the South didn't secede because of slavery.  In fact, secession and the confederacy should be celebrated for their fight for "State rights." 
They say that they remember the era of segregation and they don't remember it being "all that bad." 


The other approach is to try to make African-Americans and Liberals look like the "REAL" racists.  Tea Party leaders say that the NAACP is most r.acist organization to ever exist.  They deceptively edited videotape to make that point. 


And now, this law is part of the most DISGUSTING narrative yet.  That somehow African-American women and Planned Parenthood are the orchestrators of a massive Gen.ocide against African-Americans. 

I really hope Democratic and B.lack leaders catch on to what is happening and SQUASH this before it gets out of hand.

[Janetshusb]

01:05 PM on 04/01/2011

Hmmm, African/Americans, Hispanics, first generations, students, unions, liberals, illegals, legals, the poor, homosexuals, the educated elite, Democrats, environmentalists, climatologists, abortion doctors, women that get abortions, the mainstream media, Hollywood liberals, Unitarians, East coast and West coast types, foreigners, the French, organic farmers, vegetarians, state workers, teachers: for Pete's sake it looks like the Republicans feel threatened by everyone that isn't very rich, very white, very heterosexual, very conservative and very christian. Talk about narrowing your appeal. LOL

[Sesame2009]

03:36 AM on 04/02/2011

They have a narrow appeal, but they have that vote locked up solidly.  They have the Rich White Heterosexual conservative Christian vote completely locked up.

[Fina Biscotti]

03:15 AM on 04/02/2011

Does Margaret Sanger's ideology behind creating "Planned Parenthood" - ring a bell? You should study it - research it - because it is the workings of The Democrat Party.

You are way off the mark of what you are claiming. Margaret Sanger - research why she started up Planned Parenthood. It contradicts everything you are claiming - as a professional blogfraudster.

[Janetshusb]

11:00 AM on 04/02/2011

Most of us who fully understand why reproductive clinics, birth control, freedom of choice and respect are important issues also know a great deal about Margaret Sanger. Those of you who who believe women need to be coerced into continuing an unplanned pregnancy are simply cherry picking and quoting out of context from Margaret Sanger's writings in order to discredit Planned Parenthood. Even if Ms Sanger were the monster you portray her as why would it matter? The Planned Parenthood clinics she started serve women and men well with factual, realistic education and easy access to inexpensive birth control. This service prevents abortion. How is that a bad thing?

[palisades02]

11:05 AM on 04/02/2011

Perhaps you should get your head out of your arss and actually read about Margaret Sanger. Your way off base as usual.

[AmyTales]

11:38 AM on 03/31/2011

I'm still trying to understand where they're coming from on this. It's aimed at doctors (i.e. not the women). Are they trying to make it look like they suddenly care about people of all races to compensate for their anti-immigration legislation? Aren't they the same people trying to curtail malpractice lawsuits? What are they really getting at here? I smell something insidious and underhanded afoot.

[Sesame2009]

12:16 PM on 03/31/2011

They are trying to make African-American women, Planned Parenthood and other liberal organizations look like the "REAL" racists.  They believe they can use the fact that abortions are more prevalent in the African-American community to forward a false narrative that there is some vast conspiracy aimed at the gen.o.cide of African-Americans. 

It's a disgusting narrative, and I hope B.lack leaders fight hard against it.

[fenriswolf26]

08:46 AM on 04/01/2011

Because, of course. A single black woman has an unwanted pregnancy with a black man and the ONLY reason why she could possibly want to abort is because the baby is black.

It is contributing to a false narrative, even by just setting the law down. Now they can point to it and say "Look what we did! We stand tall and proud for all races. We even enacted this law to help save babies from those mean, horrible pro-abortion people!" It's all disgusting politics.

[Fina Biscotti]

03:20 AM on 04/02/2011

Why ignore or downplay Margaret Sanger's ideology - w Planned Parenthood?

That was not a Republican thing. It is a Democrat thing - just like the KKK was an invention of the Democrat Party - for the beatdown of blacks - to obstruct the passage of the Civil Rights Acts.

Margaret Sanger figured out a way to eliminate blacks - and the Democrat Party has supported it ever since.

That is why the True Patriots, US citizens, and members of the Republican Party want to defund Planned Parenthood - and stop the use of US taxpayer money for abortions.

Be clear. Do not create confusion. Your heartlight will be affected.

[jrd8784]

11:37 AM on 03/31/2011

Jan Brewer wrapping this bill around "race-related" reasons seems just seems hilarious to me. I mean the woman practically made it legal to stereotype. The republicans call for small and less intrusive government yet they dive deeper into this pro-life stuff that is extremely intrusive for women. I mean, how is this not something that is being screamed from the rooftops?

[Daryl Pienta]

11:18 AM on 03/31/2011

"""outlaw abortions performed on the basis of the race or gender of the fetus.""""

well nothing controversial about that. however why waste tax payers money on such a lame legislature to begin with

[Marionette]

11:07 AM on 03/31/2011

gawd i am soooo embarrassed to live in here.. ;(

[busterbrownthefirst]

11:29 AM on 03/31/2011

Cheer up. I have two sisters who live in the Phoenix area in exactly the same boat. Of course, I don't visit them because my family is boycotting Arizona (I'm actually serious), but I do encourage them to fly out and see me instead.

[Contact1972]

11:49 AM on 04/02/2011

Boycotting Arizona as well. My partner's job was transfered to Phoenix. It took him two seconds to decline and made sure to let his bosses know he would not contribute a penny to a state that has passed such insane laws.

[jrd8784]

11:38 AM on 03/31/2011

Every day that passes, I start to feel the same way. I hear Canada can be a nice place to live.

[fenriswolf26]

08:48 AM on 04/01/2011

I often feel the same thing.

[Contact1972]

11:50 AM on 04/02/2011

My partner and I are looking into it. Seems to make more sense to move at times.

[Captimprobable]

11:04 AM on 03/31/2011

The level of dumb with these people never ceases to amaze me.

"No abortions!...but forget welfare, food stamps or anything else that would be CRUCIAL to the health and well being of infants born into poor socioeconomic situations."

"No abortions!...but forget sex ed and birth control...just keep your legs closed! (because men never EVER do anything without being seduuucceeddd!!!)

"No abortions!...but forget the fact that I'll never, ever know whether you had one or not or the fact that I'll never have ANY interaction with any fetus you decide to let go to term that will have ZERO impact on me or my life in any capacity...except I cry at night thinking about it...and then go have my nails done the next day."

[jetle25]

10:57 AM on 03/31/2011

I can see how this is helpful in principle, but because Abortion in America is so wacko in what you can and can't do and doesn't protect the women and their privacy it shouldn't even be applied now. This is like putting the cart before the horse IMO. Let abortion be the right of women and allow them privacy. I think partial birth abortion is not smart and cruel and stupid for someone to take that long to decide. Unless it is a danger to the women. That said. It really should be a women's right to do what they want with their body. It should be illegal to force a woman to abort based on race or gender. Personally I feel this is based on a MAN enforcing those beliefs. I don't think most women would want to kill their baby based on their gender or race because wouldn't they KNOW the race unless you were knockeded out and raped by a stranger you never saw? That just makes it so absolutely f'ing confusing. Cause it would be a mixed baby. Geez! Or in a Law and Order episode where the antisemtic murdering father found out his Latino wife was actually of Jewish Descent and then realized his daughter is half Jewish! Throw this bill out.

[Beckel411]

03:49 PM on 03/31/2011

Well thought out and well written with one small but very important correction: partial birth abortion is a type of abortion which is primarily performed in the 4th & 5th month.

And, just to clarify, because they are totally separate issues: late term abortions are already illegal in most states and highly regulated in the others. It's been this way for many, many years.

Because of the way the media covers it, many people don't realize the distinction and it makes me crazy because it's so very, very important.

[BarryWolk]

06:38 PM on 05/04/2011

One correction, jetle...

If the Latino wife was Jewish, her daughter is 100% Jewish as there is no such thing as a 'half-Jewish' person. Conversly, if the baby's father is Jewish and the mother is not - then the baby is 100% NOT Jewish. Got it?

[rosiebond007]

10:56 AM on 03/31/2011

Jan Brewer is totally manipulated by the Republican men in the Phoenix Legislature and is a total disgrace to the women in AZ..

Totally ignoring any polls that show this is NOT happening on any scale, the Republicans are seeking to maximize on any Bill that sends women backwards.

What is their problem?

They campaign that they are 'all-knowing' regarding jobs and the economy and how to fix it all, and since have an opportunity to do something really good for the country in every state, they seek to make us even poorer in our health, education, the air we breathe and the water we drink, taking away any kind of regulation that provides any kind of safety as well as allowing the scammers and Republican cronies to get rich off our backs.

WHO ARE THESE PEOPLE?
Don't they have any kind of conscience while thumping Christian ethics?

Each day becomes more jaw-dropping !!!

[busterbrownthefirst]

11:31 AM on 03/31/2011

Christianity is the least of their problems. As for this new law, of course it's a stupid joke, but the point is if you pass enough stupid laws, sooner or later the sheer volume will relegate women to being no more than reproductive vessels.

[peacespy]

08:13 PM on 04/20/2011

Fairly soon we won't be able to really tell the difference between a Christian and the Taliban.

[Coyote50]

10:56 AM on 03/31/2011

Any bills about JOBS, Republicans?

[Coyote50]

10:56 AM on 03/31/2011

Less intrusive government Republicans?