Group Tells Pulaski County Court that the Right to Life Includes a Right to Abortion

An organization suing to overturn Arkansas’ pro-life laws in Pulaski County Circuit Court claims that prohibiting abortion violates the right to life.

In 2022, the U.S. Supreme Court overturned Roe v. Wade, and since then Arkansas law has prohibited abortion except to save the life of the mother. Last year the state legislature took excellent steps to strengthen and clarify Arkansas’ pro-life laws.

But in January, attorneys with a pro-abortion group filed a lawsuit in Pulaski County to strike down those good laws. Arkansas Attorney General Tim Griffin told media outlets at the time that the lawsuit on its face appears to have little legal merit. Family Council agrees with the attorney general.

The attorney general’s office has asked the court to dismiss the case. In response, attorneys representing the pro-abortion group filed a brief on Monday making the bizarre argument that Arkansas’ pro-life laws violate the right to life, liberty, and the pursuit of happiness guaranteed under the Arkansas Constitution.

The brief says:

“Arkansans do not lose their fundamental constitutional rights to life, liberty, equality, and the pursuit of happiness simply because they are pregnant. . . .

“As particularly relevant for Patient Plaintiffs, protection of life and liberty ‘encompasses many personal freedoms including the right to enjoy domestic relations and the privileges of family and home.’

“Other state Supreme Courts interpreting similar inherent and inalienable language have concluded it protects pregnant people and that abortion bans violate those fundamental rights.”

There really are no words to describe the irony of arguing in court that the constitutional right to life means abortionists are free to kill unborn children.

It reminds me of something President Ronald Reagan wrote in 1985: “No longer can advocates of abortion deny reality: Abortion is not merely a matter between a woman and her doctor. For when they say that, surely they are forgetting the unborn child whose very life hangs in the balance.”

Arkansas has been named the most pro-life state in America for the past six years, and lawmakers have enacted excellent legislation protecting women and unborn children from abortion and supporting women with unplanned pregnancies.

Public opinion polling has shown time and again that most Arkansans are pro-life and oppose abortion on demand.

Arkansas’ pro-life laws reflect Arkansans’ pro-life views. These laws protect everyone’s right to life — including the unborn child’s.

The U.S. Supreme Court has ruled that states like Arkansas are free to enact laws restricting or prohibiting abortion. We are confident our courts ultimately will uphold Arkansas’ pro-life laws against this legal challenge.

Articles appearing on this website are written with the aid of Family Council’s researchers and writers.

Arkansas Attorney General Asks Court to Dismiss Abortion Lawsuit

Arkansas Attorney General Tim Griffin’s office has asked a Pulaski County court to dismiss a lawsuit trying to strike down the state’s pro-life laws.

In 2022, the U.S. Supreme Court overturned Roe v. Wade, and since then Arkansas law has prohibited abortion except to save the life of the mother. Last year the state legislature even took steps to strengthen and clarify the state’s pro-life laws.

But in January, attorneys with a pro-abortion group filed a lawsuit in Pulaski County to strike down Arkansas’ pro-life laws. The 86-page legal complaint also specifically mentions the pro-life work of groups like Family Council and Arkansas Right to Life as well Gov. Sanders and Attorney General Griffin.

Arkansas Attorney General Tim Griffin told media outlets at the time that the lawsuit on its face appears to have little legal merit. Family Council agrees with the A.G.

In its motion asking the court to the dismiss the case, the A.G.’s team argues that the lawsuit fails to state proper claims when it comes to Due Process, Equal Protection, and other legal provisions. The A.G. also argues that the plaintiffs lack standing and that the court lacks jurisdiction for this type of legal challenge.

Arkansas has been named the most pro-life state in America for the past six years, and lawmakers have enacted excellent legislation protecting women and unborn children from abortion and supporting women with unplanned pregnancies.

Arkansas’ pro-life laws reflect Arkansans’ pro-life views.

Public opinion polling has shown time and again that most Arkansans are pro-life and strongly oppose abortion on demand. Last June, Pew Research found 57% of Arkansans believe abortion should be prohibited in all or most cases.

The U.S. Supreme Court has ruled that states like Arkansas are free to enact laws restricting or prohibiting abortion. We are confident our courts ultimately will uphold Arkansas’ pro-life laws against this legal challenge.

Articles appearing on this website are written with the aid of Family Council’s researchers and writers.

Building a Culture of Life One Resolution at a Time

In 2021, Arkansas passed a law affirming that municipalities may adopt resolutions declaring themselves to be pro-life. The legislature updated the law in 2023 not only to acknowledge that municipalities may pass a pro-life resolution, but also counties, school districts, political subdivisions, and any other publicly governed entity like a fire district. To date, twenty three counties and fifteen municipalities have passed resolutions declaring themselves to be pro-life. This has been an excellent way to stand for life and affirm Arkansas’ rank as the most pro-life state in the nation. 

Some may inquire why these resolutions are necessary while others may ask what good they do. After all, a resolution is not legally binding, is not enforceable, and does not require anyone to do anything. But here are other questions to ask: Why shouldn’t they be passed? Isn’t messaging a huge part of changing the culture? 

Passing pro-life resolutions puts a stake in the ground by issuing a bold statement in support of life from local governments that reflects the convictions of thousands of pro-life Arkansans. For decades, pro-lifers have worked to defend the sanctity of life through advocacy, public policy, personal outreach, and compassionate support for women facing crisis pregnancies. One of the biggest goals of the pro-life movement is to win hearts and minds for the truth that life is valuable and worth protecting. As communities across Arkansas declare their pro-life stance, our state will continue to lead our nation in reducing the demand for abortion and in respecting the disabled and the elderly. A resolution follows the excellent laws that the state legislature has passed in Arkansas, and it also gives legislators backup and support from their district.

Though Arkansas is the most pro-life state in the nation, America still has many pro-abortion states. Passing pro-life resolutions in Arkansas may encourage other states to have their elected officials do the same.

If you have a passion for the cause of life and are looking for a way to spread awareness, please consider a pro-life resolution in your community. Contact your local government officials to begin the process. Help your local school district become the first to pass a pro-life resolution in the state! You can always reach out to our office and we would be happy to help provide guidance and connections in your pro-life efforts. 
Even though abortion is no longer legal in Arkansas except to save the life of the mother, it does not mean we should halt all efforts to protect life. Passing a pro-life resolution is a practical and unique way to make the case for the sanctity of life.

Family Council has created a free toolkit to assist anyone who is interested in securing passage of a pro-life resolution in Arkansas. Anyone who wants to begin efforts for the passage of a resolution should find this toolkit helpful. Be a part of this growing movement and help your community pass a pro-life resolution!