Governor Hobbs Vetoes Bill Linking Contraception Education to Adoption Information

Arizona won't require schools and colleges that discuss contraception and sexually transmitted diseases to also talk about adoption. That comes from Gov. Katie Hobbs, who on April 7 vetoed HB 2040, a measure which would have mandated the sharing of information about adoption with students who seek medical attention or advice for those issues. And that includes when providing contraceptives and testing for students concerned with sexually transmitted infections, something that is done at the college and university level.

The proposal came from Rep. Rachel Keshel, who called it a reaction of sorts to Proposition 139, which was promoted as providing more choices for women. That measure, approved by voters in 2024, provides a constitutional right of women to terminate a pregnancy prior to fetal viability, generally considered between 22 and 24 weeks.

"It seems to me to be more pro-abortion and not pro-choice," said the Tucson Republican who opposed the initiative. "And we don't 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 don't even realize the potential for them to actually look into the option of adoption," said Keshel, who said three of her five children are adopted. "She called her HB2040 'real pro-choice.'"

But the measure drew a skeptical response from Rep. Nancy Gutierrez.

"What this bill does is it talks about adoption as an alternative to contraception," said the Tucson Democrat. 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's trying to use medically accurate information about a sexually transmitted infection," she said. "And it's 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 that the opt-in program has proven so difficult to administer that many schools have simply decided not to offer sex education at all.