Court rejects suit against Arizona race, sex abortion ban

23 Dec 2015 | Author: | No comments yet »

Appeals Court rejects challenge to Arizona law barring abortions based on child’s race or sex.

An appeals court panel on Tuesday refused to revive a lawsuit brought by two civil rights groups challenging Arizona’s law banning abortions based on the race or sex of the child. The , brought by the NAACP and the National Asian Pacific American Women’s Forum (NAPAWF), charged that Arizona’s law used stereotypes to increase the stigma surrounding abortion for Black and Asian-American women. It also warned that Asian-American women will terminate pregnancies if the fetus is a girl, despite evidence showing there’s no discrepancy between the gender ratios of births by Asian-American women and women of other races in the United States. What that left, the appellate judges said, was simply the claim that black and Asian women had been the “targets of discriminatory intent.” And that, they said, is insufficient to provide them a right to sue.

The Scottsdale-based Christian legal group Alliance Defending Freedom has also been involved with the case, filing a brief supporting the law and representing bill sponsor Rep. The groups’ attorney, Dan Pochoda of the ACLU, told Fischer no decision had yet been made whether to appeal to the Supreme Court. “But he indicated that the unanimous decision by the appellate panel made prospects for overturning the ruling dim.” But, of course, that doesn’t meant they are giving up. The groups argued the law unconstitutionally targets Asian and black women based on stereotypes and sponsors’ beliefs that they may choose an abortion because of race or the baby’s sex. One of the judges at the hearing in San Francisco this month said a woman who was refused an abortion would have standing to challenge the law, according to the Arizona Capitol Times. District Judge David Campbell originally dismissed the action because the groups didn’t show any individual member was harmed and therefore could not sue.

Aden . “Sadly, it wasn’t for the ACLU and the NAACP, but the 9th Circuit has rightly upheld the district court’s decision to dismiss their lawsuit.

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