Appeals Court Rules in Favor of ACLU in Arizona

PHOENIX — A state appellate court has ruled that the policy at Maricopa County jail that prohibits transporting inmates for elective abortions without a court order is unconstitutional.

According to the unanimous ruling, the policy violates the privacy rights of inmates that are outlined in the 14th Amendment.

Sheriff Joe Arpaio filed the appeal after the American Civil Liberties Union successfully challenged the policy in trial court. The suit was filed on behalf of an inmate who found out she was pregnant after she was incarcerated. She requested an abortion, but jail personnel refused to transport her without a court order, according to reports.

Arizona law prohibits spending taxpayer money on an abortion unless it is a life-threatening situation. The ruling stated that since no public funding was necessary for the abortion and jail officials routinely transport inmates to a variety of places, the request was not burdensome.