Arizona gov cites own miscarriages, surgery in abortion-rights support

PHOENIX — Gov. Katie Hobbs says her own experiences with miscarriages and surgical procedures convince her voters need to enshrine the right of abortion into the Arizona Constitution.

“Like so many women, I suffered miscarriages,’’ Hobbs said at a campaign event Tuesday across the street from the Capitol, where she signed a petition to put the issue on the 2024 ballot. “And I required a surgical procedure called a D-and-C to protect my health.’’

More formally known as “dilation and curettage,’’ it involves scraping the uterine lining with a curette, a spoon-shaped instrument, to remove abnormal tissue. The procedure can be needed as part of the treatment for a miscarriage or post-pregnancy bleeding.

“That life-saving procedure is the same procedure that’s commonly used for abortion,’’ the Democratic governor said. “And it’s exactly the kind of health care that’s at risk with these draconian abortion bans.’’

Hobbs said her support for the measure goes beyond her personal history.

“I’m signing the petition for my daughter,’’ she said, with 21-year-old Hannah by her side and also signing the petition.

“I am still outraged that in 2023 my daughter has fewer rights than I did at her age some 30 years ago,’’ Hobbs said. “And I am going to do everything in my power to change that.’’

Opponents say it goes too far

Hobbs said she isn’t worried about headwinds the proposed amendment could face with voters as opponents point to provisions they call too broad.

Cathi Herrod, executive director of the anti-abortion Center for Arizona Policy, said the measure goes beyond allowing women to terminate a pregnancy at any time, without having to provide a reason, prior to fetal viability. That generally is considered between 22 and 24 weeks.

It also would prohibit the state from denying, restricting or interfering with an abortion after that point if “in the good faith judgment of an attending health care professional (the procedure) is necessary to protect the life or physical or mental health of the pregnant mother.’’

Herrod said that could legalize abortion up until childbirth. She is citing that language in a bid to convince people to not sign the petitions or, if the initiative makes the ballot, to oppose it.

Hobbs, questioned after the event, told Capitol Media Services she doesn’t think that will undermine support for the initiative.

“This leaves the decision between a woman and her doctor,’’ she said.

There are other provisions that could prove controversial.

The wording of the initiative granting a constitutional right to abortion is not limited to adults. That raises the question of whether it would provide a legal basis for abortion on demand by minors.

“There’s no such thing as ‘abortion on demand,’” Hobbs responded.

But would it allow for abortion by minors without parental consent?

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“I don’t know that,’’ she said. But Hobbs said here, too, she is not concerned that may diminish support for the initiative.

Opponents failed in Ohio

Whether either of those issues influences Arizona voters is unclear.

In the days leading up to a vote on a nearly identical measure in Ohio, Republican Gov. Mike DeWine attempted to convince voters there to reject the plan, saying the measure “goes much too far.’’

“It allows abortion at any point in the pregnancy,’’ DeWine said during the campaign, with similar arguments offered — unsuccessfully — by other foes. “A majority of people in Ohio, if you ask them, ‘Do you believe abortion should be able to occur late, late into the term?’ most of them are going to say ‘no.’ ‘’

He also raised the issue of how it would affect minors.

“It threatens the parental consent law in Ohio,’’ DeWine said.

Neither of these altered the outcome as Ohio voters approved the measure earlier this month by a 13-point margin.

Arizona data

The number of post-viability abortions in Arizona is relatively small according to the latest count.

In its 2021 report, the most recent available, the Arizona Department of Health Services breaks down abortions by gestational age. But the chart only goes as high as 21 weeks or longer, listing 227 procedures at that stage of gestation out of 13,896 abortions that year.

It also may not reflect all post-viability abortions on Arizona women as the procedure beyond that point has been illegal here except under narrow circumstances such as a medical emergency or to save the life of the mother. Anyone desiring to terminate a pregnancy after that point would have to go to another state.

Hobbs campaign staffers also invited others to the signing event Tuesday to share their views, including Frank Thorwald, a lifelong Republican who was a senior adviser to presidents Ronald Reagan and George H.W. Bush. He said there are reasons for those in the GOP to support the initiative.

“The party has pushed to not have government intervention in individuals’ lives or businesses,’’ Thorwald said.

“The party has advocated for personal choice,’’ he continued. “How can a Republican not support a petition supporting women’s reproductive rights?’’

Backers of the initiative have until July 3 to gather the legally required 383,923 valid signatures.

That is 50% more than would be needed to put a new state law before voters. But backers designed this as a constitutional amendment because it could provide a basis to ask courts to override existing statutes such as a 24-hour waiting period before an abortion can be performed, and regulations of exactly where the procedure can be done.

It also could act as a roadblock against future legislative efforts to curb the procedure.