TUCSON, Ariz. (KGUN) — A Pima County Judge will hear a case that will guide the next steps of abortion access in Arizona and decide between two laws.
The lawsuit was filed by Attorney General Mark Brnovich against Planned Parenthood Center of Tucson earlier this year. The case will decide between two abortion laws — one from the early 1900s and one signed this year by Governor Doug Ducey.
"Our elected officials have not been able to provide us, their constituents with any sort of clarity surrounding the legality of abortion," Brittany Fonteno, the CEO and president of Planned Parenthood Arizona, said.
The confusion came into focus for Arizonans earlier this year when Roe v. Wade was overturned. But the abortion ban laws in Arizona aren't new. Back in 1901, there was a statute in Arizona that made it illegal to provide or receive abortions.
“That only provides an exception to save the life of the pregnant person,“ Fonteno said.
That statute was paused when the Supreme Court first ruled on Roe v. Wade in 1973. But this March, Governor Ducey signedSB 1164, which is a law that bans abortions after 15 weeks unless there's a medical emergency.
“And so what we know to be true is that in the past five decades the Arizona State Legislature has passed numerous laws that regulated abortion as a legal medical procedure," Fonteno said.
Just after Roe v. Wade was overturned, Brnovich filed a motion against Planned Parenthood to bring back the 1901 statute.
"The U.S. Supreme Court rightfully returned the issue of abortion to our elected representatives," Britni Thomason, a spokesperson for the attorney general's office, said in a statement. "The Arizona legislature has expressed its intent, and we hope the court will provide clarity and uniformity throughout the state."
For abortion advocates like Fontento, the hope is that people gain more clarity from this hearing on which law will take effect
“When there are various laws regarding the same subject, the court needs to harmonize the laws," she said "And that’s exactly what we are asking from the judge to do."
There will be a Planned Parenthood Rally outside the courthouse on Friday during the hearing.
Mayor Regina Romero spoke at the gathering outside:
Abortion rights activists gather outside the Pima County Courthouse, including Mayor Regina Romero. They’re showing support for Planned Parenthood in the court hearing with Attorney General Mark Brnovich, to decide which abortion law stands in Arizona. pic.twitter.com/YmLPZMBrjm
— Perla Shaheen (@perlashaheen) August 19, 2022
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Tina Giuliano is a reporter for KGUN 9. She is a native Arizonan and grew up in Scottsdale. Tina is passionate about storytelling and is excited to work telling Tucson's stories. Share your story ideas and important issues with Tina by emailing tina.giuliano@kgun9.com or by connecting on Facebook, Instagram, and Twitter.