Arizona Governor Vetoes Bill Linking Contraception Education to Adoption Information

Arizona Gov. Katie Hobbs vetoed HB2040 on April 7, a measure that would have required schools and colleges discussing contraception and sexually transmitted diseases to also provide information about adoption.

The bill came from Rep. Rachel Keshel, a Tucson Republican who called it a reaction to Proposition 139, the 2024 measure that provides a constitutional right of women to terminate a pregnancy prior to fetal viability.

"It seems to me to be more pro-abortion and not pro-choice," Keshel said. "And we dont talk enough about the other choices that people might have."

Keshel said she heard from a young woman who told the story of having an abortion at age 16 because she thought there was no other option. "These young women dont even realize the potential for them to actually look into the option of adoption," she said. "She called her HB2040 real pro-choice."

The bill drew skepticism from Rep. Nancy Gutierrez, also of Tucson. "What this bill does is it talks about adoption as an alternative to contraception," Gutierrez said. "And that, she said, is a flawed approach."

Consider, she said, a student going into a university health center looking for contraception only to have to hear irrelevant information about adoption practices in the United States, adoption-related resources and support in Arizona, and a safe haven law that allows women to anonymously surrender a newborn at certain locations without facing criminal penalties.

That concept of adoption as an alternative to contraception also drew criticism from Jodi Liggett representing Reproductive Freedom for All in Arizona. "That strikes us as irresponsible," she testified when the measure was heard in the House Education Committee.

What that also ignores, Liggett said, is that contraceptives are not just for preventing pregnancy but also can be used for other purposes. "Awareness of adoption law means nothing to a student who is trying to use medically accurate information about a sexually transmitted infection," she said. "And it is even less relevant in STI tests."

Hobbs mentioned none of that debate in her veto message. "We should focus on solutions that will actually lead to placing more children into safe and loving homes instead of placing onerous burdens on public education institutions that require adoption information to be provided in inappropriate settings," the governor wrote.

Hobbs also said she is fully supportive of efforts to bolster adoption rates, saying that is why she has increased financial support for foster care families and children.

The legislation also drew a skeptical response from Isela Blanc who lobbies for the Arizona Education Association, at least as to how it would affect K-12 schools. Blanc said that many years ago there were active programs in Arizona schools designed to provide sex education as well as awareness of preventing pregnancy and sexually transmitted diseases.

She said, though, that lawmakers changed the laws to allow such programs only when a parent has given permission for a student to participate. Blanc said the opt-in program has proven so difficult to administer that many schools have simply decided not to offer sex education at all.