Politics
Monday August 29, 2005
Judge Rules Phoenix Sherrif Cannot Refuse to Transport Inmates for Elective Abortion
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PHOENIX, Arizona, August 29, 2005, (LifeSiteNews.com) - Maricopa County Superior Court Judge Barry Schneider rejected arguments by County Sheriff Joe Arpaio defending his office’s refusal to transport women inmates to a medical facility for an elective abortion unless they first get a court order.
Court documents indicate that the Sheriff’s arguments were based on: “(1) security of the inmates and others; (2) limiting liability exposure, i.e., liability to third persons who may have an interest in the unborn fetus or for complications related to the abortion; and (3) ensuring that Defendants do not violate the law prohibiting the use of public funds for an abortion.”
The ruling also states that the plaintiffs, namely the Reproductive Freedom Project of the American Civil Liberties Union, argued that “There is the undue burden test articulated in Planned Parenthood v. Casey, 505 U.S. 833 (1992). Applying this test, the State may not adopt a regulation that places a substantial obstacle in the path of a woman seeking an abortion.”
Regarding the third defense the ruling indicated that “As to the third purpose, the avoidance of Defendants violating the law prohibiting expenditure of funds for an abortion, this concern loses its validity as long as the inmate arranges to pay for the procedures, as occurred in this case. Also, the law prohibits public funds being “expended for payment to any person or entity for the performance of an abortion.” A.R.S. §35-196.02. Providing transportation is not paying for the performance of an abortion.”
In comments to Howard Fischer of Capital Media Services, Sheriff Arpaio disagreed with the Judges comments saying "You lose a lot of rights when you're in jail, whether it's trying to get an abortion or watching R-rated movies or sex movies or smoking or coffee," all of which are denied inmates in his jails.
Arizona Daily Star
http://www.dailystar.com/dailystar/news/90209.php
Superior Court of Maricopa County, Public Information
http://www.superiorcourt.maricopa.gov/publicInfo/rulings/rulingsReaditem.asp?aut...
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