Battle Still Brewing Over Arizona's Sex- and Race-Based Abortion Ban

Categories: News
Sanfranman59 via Wikimedia Commons
The James R. Browning U.S. Court of Appeals Building.

It can be difficult to keep up with all the lawsuits surrounding Arizona's litany of recent laws imposing restrictions on abortions.

In one of those lawsuits, filed over Arizona's 2011 law banning sex- and gender-based abortions, the plaintiffs are appealing the dismissal of their challenge to the law.

The National Asian Pacific American Women's Forum (NAPAWF) and the NAACP of Maricopa County have claimed that the law was passed based on negative racial stereotypes, which singled out black, Asian, and Pacific Islander women.

See also:
-ACLU Tries to Block 2011 Law It Says Targets Minority Women Seeking Abortions
-Lobbyist Cathi Herrod Gets Special Access at the Capitol

Those groups are being represented by the ACLU. Their lawsuit was dismissed in federal court, but not due to the merits of the case. The court dismissed the lawsuit due to not having a legal injury.

The groups disagree with that. The appeal of this ruling points to quotes from debates of this bill at the Legislature.

The bill was passed without an ounce of proof that any sex- or race-based abortions were taking place in Arizona.

Instead, the supposed evidence provided for race-based abortions was that there's a higher rate of abortions among black women.

"The legislators did not consider any of the myriad other economic or societal reasons that explain the rate without resorting to racial typecasting," the appeal says.

Thus, the arguments that black women don't want black children was bizarre, if not plain discriminatory.

"In a twist on the notion that black women want to eliminate the black community, supporters of the ban on race-selection abortion also claimed that black women are vulnerable to medical providers purportedly plotting to eliminate the Black race through abortion," the appeal states. "That is, the act's supporters maintained that black women are being duped and thus require government protection. The legislative history contains not a shred of evidence explaining why black women -- but not women of any other race -- are incapable of deciding whether to end a pregnancy in a way that is intelligent, thoughtful, and worthy of the Legislature's respect."

On the other side, in relation to the sex-based abortion, there was a similar lack of evidence that anything like that has taken place in Arizona. However, lawmakers in support of the bill argued that such a thing happens in certain Asian countries.

"At no point during the debates did the legislators consider evidence of women of any other races allegedly seeking sex-selection abortions: The Legislature instead singled out only API women," the appeal states.

The plaintiffs say this certainly represents an injury -- "stigmatic injuries." The brief argues that the Supreme Court has recognized that laws have caused "cognizable, stigmatic harm on the targets of state-endorsed discrimination."

"When the government passes a law reducing its citizens to ugly racial stereotypes, it inflicts on them one of the most serious constitutional injuries recognized in our legal system," ACLU staff attorney Alexa Kolbi-Molinas says in a statement. "We are hopeful the Ninth Circuit will reverse the lower court's decision and allow NAACP and NAPAWF to have their day in court."

We'll give you one guess as to which organization "champion[ed] the legislation": The Center for Arizona Policy.

Four of the 20 abortion laws "championed" by the Center for Arizona Policy have been overturned in court. In one case, only one section of the law was overturned, and another lawsuit has since been filed in an attempt to overturn another part of it. Also, the Arizona House of Representatives has passed a bill this year that's very similar to one of the overturned abortion bills, and critics have warned that it too will draw a lawsuit.

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Ritsuko T Lazarus
Ritsuko T Lazarus

AZ should become its own country, so the rest of the country won't have to deal with this stupid state!!! Better yet, give it back to Mexico!!!

Arizona Luke
Arizona Luke

Funny that you want it to be completely legal to kill an unborn baby for no other reason than they're gay. Sad. #NoH8

ExpertShot topcommenter

First, about 1/3 of all pregnancies end in a natural abortion. According to the Bible, in Noah's flood, God killed almost all the babies on Earth.

God doesn't call abortion a sin, people do - because they want to control other's ability to produce human life - this is what royalty and rape is all about, men controlling who is going to procreate and whose genetic line will prevail in the species.  It is a genetic trait of humans and has been - it's instinct.  However, it is an instinct which, if followed, does not result in just outcomes or what is necessarily good for the species.   We are over-populated now

This makes God (who supposedly controls everything) the biggest abortionist of all.

Just perfect the method of abortion God gave us in the following passages in the bible:

Numbers 5:21
here the priest is to put the woman under this curse of the oath - "may the LORD cause your people to curse and denounce you when he causes your thigh to waste away and your abdomen to swell (causes you to have a miscarrying womb and barrenness)."

Now, it's harsh punishment to deal out to women, making them barren and all, but I think we might drop that part of the "punishment" and leave the curse which causes a miscarriage. 

There are a lot of bible verses which detail that God does not consider it a sin to abort a fetus:

Leviticus 27:6
If it is a person between one month and five years, set the value of a male at five shekels of silver and that of a female at three shekels of silver.
[NOTE: Babies have just monetary value, not moral value, and no value is placed on fetuses or babies less than one month old.]

Exodus 21:22,23
"If men who are fighting hit a pregnant woman and she gives birth prematurely [has a miscarriage] but there is no serious injury, the offender must be fined whatever the woman's husband demands and the court allows. But if there is serious injury, you are to take life for life."

Hosea 9:14
Give them, O LORD — what will you give them? Give them wombs that miscarry and breasts that are dry.

Hosea 13:16
... because they have rebelled against their God. They will fall by the sword; their little ones will be dashed to the ground, their pregnant women ripped open.

2 Kings 15:16
At that time Menahem, starting out from Tirzah, attacked Tiphsah and everyone in the city and its vicinity, because they refused to open their gates. He sacked Tiphsah and ripped open all the pregnant women.

Numbers 31:17
"And kill every woman who has slept with a man."

Psalm 137:8-9
O daughter of Babylon, who art to be destroyed; happy shall he be, that rewardeth thee as thou hast served us. Happy shall he be, that taketh and dasheth thy little ones against the stones.

Jeremiah 19:9
"And I the Lord will cause them to eat the flesh of their sons and the flesh of their daughters, and they shall eat every one the flesh of his friend."

Deuteronomy 28:53
"Then you shall eat the offspring of your own body, the flesh of your sons and of your daughters whom the Lord your God has given you." 


Since when is sex-based abortion confusing? I thought abortion only applied to females.  And I do agree that we must close the Squat and Drop loophole.


The Center for Arizona Policy should be labeled as a Hate Group. Much like the Council of Conservative Citizens.

eric.nelson745 topcommenter

Things seem to get crazier by the day in Arizona. I seriously doubt that there is a Center for Illinois Policy, or New Mexico, or Massachusetts, or Colorado... Chatty Cathi's org would simply wither on the vine if it were anywhere else.


@ExpertShot ,

I seem to remember that God killed the firstborn of Egypt during the Exodus. How many were infants?



Maybe you should look into retroactive self abortion?

danzigsdaddy topcommenter

@robert_graham  your post is the best example i have ever seen of why this country is falling apart. you are exactly the kind of uninformed and uneducated voter that keeps putting the idiots in office that we have there now. when an issue comes up, you just pipe right in with an uneducated opinion and your complete and utter ignorance in not only the issue............but also in reality. that this country is still even surviving with morons like you showing up to the voting booths (and with the belief and limited knowledge that "i thought abortions only applied to females") is just a miracle. i keep seeing people mention that Joe has been elected 6 times.................well, with people as stupid as you voting, i can see how he does it. do the country a favor Robert, DONT EVER VOTE AGAIN. have you ever seen the show "Are you smarter than a 5th grader"?? let me answer that for you Bobby................................NO, NO YOU ARE NOT, and not by a long shot either

Hooray for education!!!!!!!!!!!


@robert_graham Since when did you learn to write if you can't learn to read? It is no wonder, "your kind" is getting retrograded among the species of modern humanity.

MaskedMagician1967 topcommenter


LMAO thanks for keeping me entertained Robert. 

This "law" deals with a NON-EXISTENT PROBLEM (emphasis mine) in this God-forsaken state. Then again, those fools over at the Legislature deal with non-existent problems all the time. Like religious freedom.

The law is also flat-out discriminatory and violates the U.S.Constitution. As does the bill being proposed at the State Capitol dealing with warrant-less searches and seizures. I can just see the 9th Circuit overturning that "law" (should it become one) on grounds that it violates the 4th Amendment.

But you're all about the Constitution Robert. You should be outraged that the morons over at the Legislature continue to violate the Constitution you claim to hold so dear. But you're not. You're sadly only a twit good at keeping educated, informed folk me entertained with your never-ending bullshit. 

danzigsdaddy topcommenter


robert_graham10 hours ago

Since when is sex-based abortion confusing? I thought abortion only applied to females.  And I do agree that we must close the Squat and Drop loophole.

this is a cut and paste of your comment Bobby Boy. you have all these sites where you claim to tell the can you tell the truth if you have no idea of what you are saying??? education is awesome...........too bad you missed out on it (by the way, i even photoed your post for posterity)

danzigsdaddy topcommenter

@robert_graham  "since when is sex-based abortion confusing? i thought abortion only applied to females"..................well Robert, after that comment, evidently "sex-based abortion" IS confusing..................TO YOU. 

danzigsdaddy topcommenter

@robert_graham  hahahahahahahahahahahaha, you are an absolute fucking idiot, and this post proves it. you didnt even read the article did you? do you even have the slightest clue as to what a "sex=based abortion" is referring to? you have just made GED Jan look intelligent (even when she endorsed Obama at the RNC convention)............congrats JAFfy, you just made yourself look more retarded than anyone else possibly could have (and you did it all by yourself.............good boy twit) thank you Robert, thank you..............this one has me laughing and will keep me laughing for days

Flyer9753 topcommenter

@MaskedMagician1967 @robert_graham  One thing the Grumpy Old Phucks in this state are getting, is a good education in the Constitution and the legal system this country was founded on...

Let's see... how many cases now is this that that 9th has, or will be overturning?

Another case just got filed regarding AZ's gay marriage ban, which will fall just like all the others.....

yup.. the Grumpy Old Phucks are getting a hell of an education in the constitution and the law.... FINALLY

Hey @robert_graham, with the gay marriage ban about to be struck down by the courts, you will finally get to be with one of the boys from your numerous web sites!! Good for you!! Just make sure he's 18.... I would hate to see you arrested for pedophilia, although I am sure it would not be the first time for you...

Flyer9753 topcommenter

@danzigsdaddy  Oh, and I am sure Robert has first hand experience with the 'squat and drop' births... especially the 'drop' part....

It explains his lack of brains since clearly he 'dropped' out on his head

Flyer9753 topcommenter

@danzigsdaddy  Robert never reads the articles, that's against the troll rulebook

danzigsdaddy topcommenter

@Cozz wow...........i mean it,      WOW.............unbelievable

Cozz topcommenter


Jaffy never ceases to amaze me with his downright stupidity. Every time I think he couldn't get any dumber, he proves he can.

Flyer9753 topcommenter

@danzigsdaddy  Gay or not, Robert could not get a piece of pussy if the woman died and willed it to him...

danzigsdaddy topcommenter

@Flyer9753 didnt read it???? are you friggin kidding me?? not only did he not read it, it evidently contains subject matter beyond his comprehension..................the female body and its workings, sex education, medicine, science and many other things. (but then again, with all the gay porn sites he has..........i guess the not understanding the female body part does make sense. i just assumed with his fascination of the male body, that he would have figured out the abortion part not applying to males)

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