Arizona Initiative to Ban Abortion (1992)
From Ballotpedia
The Arizona Initiative to Ban Abortion appeared on the 1992 general election ballot in Arizona, where it failed overwhelmingly, earning just 31.5% of the vote.
The ballot summary said:
"The Constitution of the United States has been interpreted to establish a woman's right to have an abortion, subject to limited exceptions. Proposition 110 would amend the Arizona Constitution to prevent all abortions in this state except to save a woman's life. Additioinally, Proposition 110 would direct the Arizona legislature to adopt laws to permit abortions only where pregnancy is the result of reported rape or reported incest. Proposition 110 would also prohibit the use of public money to pay for an abortion, unless the abortion is necessary to save the life of the mother.
Proposition 110 would require any judge, upon request, to appoint a lawyer to act as a special guardian to represent "preborn children" in protection their rights. Proposition 110 states that it "shall not affect contraceptives."
Proposition 110 would not subject any woman to criminal prosecution or civil liability for undergoing an abortion.
The U.S. Supreme Court has held that, while a state may in some circumstances regulate a woman's decision about whether to have an abortion, a state may not generally prohibit abortions. The Arizona Constitution also contains a right to privacy. No court has addressed the question of whether this provision in the Arizona Constitution protects a woman's decision to have an abortion. However, the right to privacy has been held to encompass an individual's right to refuse medical treatment.
If passed, Proposition 110 would eliminate any argument that the "right to privacy" in the Arizona Constitution protections a woman's choice of whether to have an abortion. However, because the United States Constitution, as presently interpreted, protections a woman's decision to have an abortion, parts of this proposition would not be effective unless and until the United States Supreme Court decides that the "right to privacy" in the United States Constitution does not encompass the right to have an abortion. Other parts of this proposition may become effective immediately."
