Bill Text: NJ SR96 | 2024-2025 | Regular Session | Introduced
Bill Title: Condemns Arizona Supreme Court ruling in Planned Parenthood v. Mayes banning abortions in the state and reaffirms New Jersey citizens' freedom to access reproductive health care services.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-05-09 - Introduced in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee [SR96 Detail]
Download: New_Jersey-2024-SR96-Introduced.html
Sponsored by:
Senator ANGELA V. MCKNIGHT
District 31 (Hudson)
SYNOPSIS
Condemns Arizona Supreme Court ruling in Planned Parenthood v. Mayes banning abortions in the state and reaffirms New Jersey citizens' freedom to access reproductive health care services.
CURRENT VERSION OF TEXT
As introduced.
A Senate Resolution condemning the Arizona Supreme Court ruling in Planned Parenthood v. Mayes and reaffirming New Jersey citizens' freedom to access reproductive health care services.
Whereas, A person's right to reproductive choice is a fundamental matter of privacy, liberty, and bodily autonomy; and
Whereas, In 2022, the United States Supreme Court decided Dobbs v. Jackson Women's Health Org., 597 U.S. 215 (2022), which abruptly overturned decades of settled federal law established under Roe v. Wade, 410 U.S. 113 (1973), that had provided for a person's right to reproductive choice; and
Whereas, Under Dobbs, reproductive rights and freedoms are no longer protected at the federal level, and matters concerning the regulation of reproductive healthcare were left to the states; and
Whereas, Following the Dobbs decision, reproductive rights and freedoms have come under constant and renewed attack in certain states despite there being a long-standing national bipartisan consensus that termination of pregnancy should be legal, safe, and accessible; and
Whereas, On April 9, 2024, the Arizona Supreme Court ruled in Planned Parenthood v. Mayes, case no. CV-23-0005-PR, that a long-dormant and outdated 1864 law banning abortions in that state should be enforceable; and
Whereas, The 1864 law, A.R.S. s.13-3603, which totally bans abortions unless necessary to save the pregnant woman's life, was passed by Arizona's then-territorial legislature during the height of the Civil War, 48 years before Arizona became a state and 109 years before the Roe v. Wade decision; and
Whereas, A.R.S. s.13-3603 does not provide any exceptions for cases of rape or incest; and
Whereas, A.R.S. s.13-3603 stands in clear contradiction to the much more recently enacted A.R.S. s.36-2322, which allows abortions through 15 weeks of pregnancy, and thus A.R.S. s.13-3603 cannot be harmonized to coexist with A.R.S. s.36-2322; and
Whereas, The Mayes decision could have widespread implications for anyone in Arizona to make private healthcare decisions without governmental interference; and
Whereas, Forcing people to carry pregnancies against their will has life-altering consequences; and
Whereas, Following the court's ruling, a number of Democrats and Republicans from Arizona criticized the Mayes decision, calling it dangerous, against common sense, and against the will of the people; and
Whereas, Notwithstanding the flawed logic of the Arizona Supreme Court, the Mayes decision leaves open the possibility of repealing A.R.S. s.13-3603 through legislation or the ballot initiative process; and
Whereas, In the meantime, Arizona Attorney General Kristin Mayes and numerous Arizona county prosecutors have vowed not to enforce A.R.S. s.13-3603, reflecting the growing will of the people of Arizona to preserve their reproductive freedom; and
Whereas, In stark contrast to states such as Arizona where reproductive freedom is under threat, New Jersey has long been a State that supports, and provides protections for, the reproductive freedom of its citizens; and
Whereas, Furthermore, under P.L.2022, c.51 (C.2A:84A-22.18 et seq.), no public entity or official of this State shall expend public resources in furtherance of any interstate investigation or proceeding seeking to impose civil or criminal liability upon a person or entity for providing or receiving reproductive health care services; and
Whereas, It is in the public interest of the citizens of this State and of this great nation to condemn, in the strongest terms, any ruling by a state or federal court that infringes on a person's fundamental right to exercise their reproductive freedom or their ability to access reproductive health care; now, therefore,
Be It Resolved by the Senate of the State of New Jersey:
1. This resolution condemns the Arizona Supreme Court ruling in Planned Parenthood v. Mayes, which upheld a long-dormant and outdated 1864 law banning abortions.
2. This resolution further condemns the fear and uncertainty concerning reproductive freedom that the Mayes ruling creates for the citizens of Arizona.
3. This resolution reaffirms the New Jersey Legislature's commitment to protecting its citizens' reproductive freedom and full access to reproductive health services.
4. Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Secretary of the Senate to each member of Congress elected from this State, the New Jersey Commissioner of Health, and the Attorney General of the State of New Jersey.
STATEMENT
This Senate Resolution condemns the Arizona Supreme Court ruling in Planned Parenthood v. Mayes, which upheld a long-dormant and outdated 1864 law banning abortions. The resolution additionally reaffirms the rights of all New Jersey citizens to have the freedom to make decisions about planning their families free from unreasonable governmental interference.
