Blog
Conscience Rights Protected in Arizona
August 12, 2011
On Thursday, Aug. 11,the Arizona Court of Appeals issued an opinion that reaffirmed the conscience rights. of health care professionals in Arizona. The Catholic Medical Association was and remains an intervenor in the case.
The court upheld Arizona’s state conscience protection statute, Ariz. Rev. Stat. § 36-2154, against a challenge by Planned Parenthood of Arizona. At issue was a 2009 amendment to Arizona's law preventing people from being coerced to participate in abortion. The 2009 update added protections for pharmacists and specifically noted that health care providers could not be coerced to participate in chemical abortions (in additon to surgical abortions). The conscience statute currently protects hospitals, physicians, and staff from being involved in abortion, and all of the above plus pharmacists and pharmacy employees from being involved in any abortive or anti-implantive drug or device.
The Court of Appeals’ decision reverses an injunction that Planned Parenthood had obtained below in the Arizona trial court, which had enjoined not only conscience protections but also several other pro-life provisions of Arizona law (including laws about parental involvement in abortion, prohibiting non-doctors from performing them, and other pro-life measures). The court also upheld the right of several pro-life groups, including the Catholic Medical Association, to intervene in the case to defend the conscience law. This is important, as most likely this case will be appealed to the Arizona Supreme Court.
