Myths, confusion and the truth

As Arizona settles into the post-Roe legal landscape, I feel it is important to clear up some deliberate and regular untruths shared by the pro-abortion side designed to confuse a clear legal picture.

So here is a quick guide to common pro-abortion arguments about the post-Roe landscape and the truthful response!

  • When they say:  By overturning Roe, the SCOTUS banned abortion in all 50 states!
    The Truth is: No, the SCOTUS overturned a bad decision – and returned the issue to the people through their elected representatives at the state level.  The Court upheld the Constitutional principle of federalism.
  • When they say: Americans overwhelmingly support Roe v. Wade.
    The Truth is: No, Roe v. Wade allowed an upborn child to be killed by abortion up to the point of birth, which is way out of the mainstream of most Americans – indeed the vast majority of countries throughout the world.  When polled knowledgeably, only 13% support what Roe protected.
  • When they say: Arizona’s laws concerning abortion are confusing.
    The Truth is: The media says it’s confusing, but it is not. ARS 13-3603 makes abortion illegal except to save the woman’s life.
  • When they say: Arizona’s “Territorial” abortion law is moot because it was passed before statehood.
    The Truth is: Arizona’s pre-ROE law is good law in AZ and is enforceable because it was never repealed.  The day before the Roe decision, abortion was not legal in AZ because of ARS 13-3603 in our statutes. The day after the Roe decision, the law was not enforceable. ARS 13-3603 says:

“A person who provides, supplies or administers to a pregnant woman, or procures such woman to take any medicine, drugs or substance, or uses or employs any instrument or other means whatever, with intent thereby to procure the miscarriage of such woman, unless it is necessary to save her life, shall be punished by imprisonment in the state prison for not less than two years nor more than five years.”(Miscarriage clearly means abortion) 

  • When they say: Abortion providers are in legal limbo about whether abortions are legal or not.
    The Truth is: No. In reality, 8 out of 9 abortion clinics have recognized Arizona’s pre-Roe law and stopped doing abortions in Arizona. General Brnovich confirmed this recently in his statement saying: the pre-ROE law is good law in AZ and is enforceable.
  • When they say: What about the court injunction putting 13-3603 on hold?
    The Truth is: General Brnovich filed to lift the March 1973 injunction in Superior Court in Pima County this week. Now that ROE is overturned, the court’s original reasoning for the injunction is gone.
  • When they say: The 15-week ban (SB 1164) that was signed into law this session pre-empts the pre-Roe law when it goes into effect 90 days after session.
    The Truth is: NoGeneral Brnovich clarified recently that the language in SB 1164 does not pre-empt ARS 13-3603 and is clearly written NOT to repeal ARS 13-3603.
  • When they say: Women will be punished under Arizona’s abortion law.
    The Truth is: Arizona law does not punish women seeking abortions. In 2021, ARS 13-3603 was amended so that NO abortion-seeking woman will be punished.  The physician will be held accountable.
  • When they say: Arizona’s laws will be challenged.
    This is True: We can expect lawsuits challenging Arizona’s Pre-Roe law and the new law banning abortions after 15 weeks, but neither challenge has occurred so Arizona’s laws currently protect pre-born life from abortion.
  • When they say: Women will be abandoned to deal with unplanned pregnancies on their own.
    The Truth is: There are over 50 Pregnancy Resource Centers throughout Arizona serving women needing care, resources, parenting classes and so much more AT NO COST to them. Let’s generously support them more than ever as the needs increase. Click here to help your church become effectively involved in a Post-Roe America.
  • When they say: The state has abandoned women.
    The Truth is: America’s highest court through Roe abandoned BOTH women and innocent preborn children for almost 50 years – causing incalculable harms, infertility and death in the name of reproductive freedom. Now – Arizonans have an opportunity to again protect and serve both women and their children to the fullest extent.  This is our Constitutional duty and calling.
  • When they say: Pro-lifers only care about life before birth.
    The Truth is: This session my pro-life colleagues and I prepared for this scenario and included significant resources in this year’s budget to fund increased OB-GYN care for Medicaid-eligible pregnant women (over 50% of Arizona births are Medicaid), post-natal care and resources for those effectively serving homeless pregnant women.

While Life is protected for now in Arizona, the battle to protect Life is truly just beginning.  Your life, my life – every life – is protected by our Constitution– and should be protected in law.

The right to LIVE – the right to LIFE – is the foundation of all other rights.

A first defeat to celebrate: After much hype, the extreme pro-abortion initiative that went way beyond Roe to enshrine abortion-until-birth in the Arizona Constitution – literally gutting every pro-life protection for women in place in Arizona – failed.  They didn’t gather enough signatures to appear on the 2022 ballot. But organizers have promised they’ll be back for 2024. Until we get badly needed initiative reforms passed, decline to sign any petitions!

Speaking of ballot measures… Curious about the referrals and initiatives on the ballot for this November? There’s a lot to oppose. The Conservative AMAC (Association of Mature American Citizens) is inviting Arizona voters to a webinar hosted by Arizona Free Enterprise Club (“What’s on the Ballot? The GOOD, the BAD and the UGLY”) to break it all down. Join them virtually this Monday July 18 at 6:00 PM at this link.

A potential election integrity mess brewing… You may have heard the news out of Pinal County. Over 63,000 incomplete ballots were mailed to voters in that area, likely stemming from address coding issues. Finger pointing has already begun. Pinal County’s plan to send additional ballots to fix the problem will almost certainly create new problems. And we can’t rule out glitches outside of Pinal County. The message: be vigilant, carefully read your ballot, and report any issues to your county, or the AG’s election complaint page (or send me an email directly so I can help get your concern to the right place!). The road to secure our elections against fraud – and sometimes plain incompetence – still stretches ahead. But don’t be deterred from voting.

Cast your vote and speak up and let us take action when the government makes errors. 

Know the candidate’s records! If you remember my 2020 race against then-Senator Heather Carter, you remember the important role comparing records played in that campaign and my eventual win. We must get past the shiny packaging and study what a candidate has done in the past! You may see the name Matt Gress on your ballot. He’s running against my teammates Maria Syms and Vera Gebran. While Matt claims to be a conservative, his past actions show that he’s anything but. Educate yourself and your friends and neighbors. You can review all the facts at UnmaskingMatt.com. Also check out the great conservative endorsements the LD4 Strong Team has received and compare answers to key policy questions with the AZ Voter Guide.

Early morning “Walks for the Win”! Only 2 weeks left to help me and my LD4 Strong Team knock doors in the district. Join us Saturday July 23rd and Saturday July 30th at 8:30 AM! We’ll meet both days at Desert Trails Elementary School. Details below:

For freedom,

Nancy Barto