Photo Credit: Caitlin Sievers | Arizona Miller

More than a dozen county attorneys have protested against Governor Katie Hobbs’ recent move to stop the criminalization of abortion medicine.

At the same time, Republican lawmakers have expressed anger at the order and another banning state funding and promoting so-called “conversion therapy” for LGBTQ Arizonas.

Last month, Mr. Hobbs issued a flurry of executive orders that protect access to abortion and advance campaign promises to protect LGBTQ Arizonans. The order was immediately outraged by Republicans across the state, including county attorneys who argued that prosecutorial discretion was being violated.

abortion

June 22nd, just a few more days until our one year anniversary. Dobbs Hobbes signed a ruling revoking the constitutional right to abortion. presidential decree or Centralized all powers to prosecute abortion violations in Arizona to the Attorney General’s Office. That office is held by Democrat Chris Mays, an ardent advocate for reproductive rights. Vowed not to punish doctors and medical professionals For having an abortion in Arizona.

Arizona law now limits abortions to 15 weeks, and doctors who violate the law face a sixth-degree felony, a procedure that exceeds the limit without endangering the woman’s life. license will be revoked. However, the near-total ban of 1864, with a penalty of two to five years’ imprisonment, is still planned and faces court rulings. Ongoing legal efforts by anti-abortion groups to restore it.

Shortly after signing the order, Hobbes launched a counterattack from. outraged republicansand on Monday, 12 of the state’s 15 county attorneys joined the criticism.

In a letter to the governor’s office signed by 11 other county attorneys, Republican Maricopa County Attorney Rachel Mitchell said, “The governor’s office has the discretion to fulfill the duties of the prosecutor’s elected office. We should not interfere with our rights,” he said.

Only three county attorneys did not add their signatures to the letter: Apache County Attorney Michael B. Whiting, La Paz County Attorney Tony Rogers, and Pima County Attorney Laura Conover. expressed enthusiastic support for the executive order when first announced.

A major concern for abortion advocates is the danger of prosecutorial discretion based on party identification. This concern was also included in Mr. Hobbes’ executive order, which he called out as a way to ensure “uniformity” across the state. At least one county attorney, Yavapai County’s Dennis McGlenn, said: upheld the law of 1864and Mitchell himself inconsistent stance How to prosecute abortion law violations.

The legal reasoning underlying this order is that State Law Although this act gives the governor powers to direct the state attorney general to assist the county attorneys in the performance of their duties, and gives the former oversight powers over the latter, both laws eliminate the county attorney’s role entirely. not something to do.

In his reply, Mitchell pointed out the flaws and asked Hobbes to cancel the order. He called the move an “unnecessary and unjustifiable infringement” on the duties of elected officials and warned that it would set a dangerous precedent for future governors to strip county attorneys of their powers in areas of criminal law they chose. bottom.

However, Hobbes spokesman Christian Slater dismissed the request on Twitter as unjustified.

“We have no intention of canceling this order,” he wrote. “Governor Hobbs will continue to exercise his lawful enforcement powers to keep sanity in check and protect everyday life in Arizona from extremists threatening to prosecute women and doctors over reproductive medicine.”

conversion therapy

On June 27, Mr. Hobbes signed the following agreement: order The law prohibited federal and state funds from being used for conversion therapy and directed state officials to develop policies to protect Arizona’s youth from harmful pseudoscience. condemned by several major medical associations. Banned in more than 20 states This practice is entirely true, but Arizona is not one of them. Recent Legislative Attempts to do so.

movement caused Outrage from anti-LGBTQ groupsaccused Hobbes of illegally evading the legislative process. House Speaker Ben Thoma backed the argument in a letter sent to Hobbes’ office on Tuesday, calling the order unconstitutional and calling for it to be rescinded to avoid facing lawsuits.

Toma, a Republican from Peoria, said previous court rulings have held that the governor’s office is responsible for enforcing laws but does not have the power to enact them. He said restrictions on conversion therapy are best done through legislative means.

“Other states have also enacted laws banning conversion therapy, but those states have chosen that policy through their legislative process. Your executive order is an improper exercise of your authority,” he said. wrote.

However, it is unclear whether that argument applies to Hobbes’ order, which does not prohibit the practice of conversion therapy within the state. Instead, it prevents public funding from discredited groups that provide such treatments aimed at changing the sexual orientation, gender identity and expression of LGBT people. At least another Pennsylvania governor, Tom Wolfe, said: issued a similar order in 2022 No legal issues have been found yet.

The extent of the Arizona governor’s executive powers has long been ambiguous. There is no existing state law that defines it precisely. The legitimacy of the controversial order has been clarified through lawsuits: In 2014, when Republican Governor Jan Brewer issued an executive orderattempted to circumvent the Obama-era deferred litigation policy for child arrivals by declaring he had no legal status in Arizona and could not receive a driver’s license, but was challenged and later blocked. was done.

Thomas also warned that the order could violate state laws. parent bill of rightsThis set of laws has often been weaponized against LGBTQ youth by Republicans in Arizona through proposals to ban the use of preferred pronouns in schools and LGBTQ-themed materials and books. .

“The executive order’s sweeping mandate also threatens to violate the parent’s Bill of Rights and constitutional rights of Arizonans, including the patient’s right to speak freely with a therapist,” Thoma wrote.

The argument, however, is that the order does not prohibit parents from seeking conversion therapy for their children, but instead suspends public funding for intensification or promotion of therapy and directs young people in Arizona to conversion therapy. ignoring that they are only directing state officials to develop policies to protect against

Just as he dismissed Mitchell’s letter, Slater rejected Thoma’s request to rescind Hobbes’ executive order.

“Conversion therapy is a discredited and dangerous practice,” he told The Mirror. “We do not intend to rescind this order. Governor Hobbs will continue to exercise his lawful enforcement powers to keep the chaos in order and free Arizona’s everyday people from congressional extremists who threaten their rights and liberties. will protect.”

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