The Arizona Court of Appeals ruled Tuesday that if a pregnant inmate requests to be taken to an abortion clinic, Maricopa County must do it, despite state law that forbids taxpayer funding of abortion services.
According to The Associated Press, Sheriff Joe Arpaio established a policy in 1990 prohibiting the county from paying for the staffing and transportation cost of taking women to abortion clinics -- estimated to cost as much as $1,000 per trip.
Daryl Manhart, a county attorney, pointed out that other courts have ruled taxpayer dollars shouldn't pay for abortion services.
"The state is not obligated to provide resources for that decision," he argued. "If she were outside of the jail, she could execute the decision without our resources."
Abortion is not considered a "medically necessary" procedure, Manhart said.
But Judge Patrick Irvine said since women are taken to health centers for other reasons, to refuse to provide a ride for those seeking to end a pregnancy is discrimination.
"While we recognize that the county might decline to transport an inmate who presents a particular security or liability concern," he wrote, "an indiscriminate ban on all transportation for non-therapeutic abortions does not allow inmates sufficient alternative means to exercise their right to choose to have an abortion."
Carrie Gordon Earll, senior analyst for bioethics for Focus on the Family Action, said the judge's interpretation of state law is unfortunate.
"Sheriff Arpaio's understanding of the Arizona law makes perfect sense. If citizens don't want their tax dollars used in abortions, that would include transporting a female inmate to have one," she said. "Unfortunately, the sheriff's common sense conflicted with judicial rulings, and we know what wins in that scenario."
Arpaio said he intends to appeal the ruling the state's high court.
