The ordinance, on which city voters will have a say on Nov. 19, would prohibit abortions performed at 20 weeks or later because of substantial and growing medical evidence demonstrating that children can feel excruciating pain at least at that age of development and that women can incur great psychological distress from such abortions.

"Every innocent life deserves to be protected," said Senior Counsel Michael J. Norton. "This ordinance will protect children in the womb who experience horrific pain during a late-term abortion. It also protects mothers from the increased risk of physical harm and potentially devastating psychological consequences that come with late-term abortions."

The ordinance requires any physician who is planning to perform an abortion to first determine the probable post-fertilization age of the child through prudent medical exams. The ordinance would prohibit the abortion at 20 weeks or more except when necessary to save the life of the pregnant mother.

The Alliance Defending Freedom letter explains, "Whether one views an unborn child as a 'life or potential life…,' allowing abortions to unnecessarily impose substantial pain on an unborn child 'is incompatible with the concept of human dignity and has no place in civilized society.'"

The Nov. 3 letter also points out that Albuquerque's ordinance is virtually identical to the Pain-Capable Child Protection Act which passed by the U.S. House of Representatives in June. Thirteen state legislatures have enacted comparable laws and, as the letter explains, "several more states are presently considering similar legislation, including Iowa, Kentucky, Maryland, and Minnesota."

"Numerous states have decided to limit non-emergency abortions beyond 20 weeks to protect the health of mothers and ensure that their babies are free from excruciating pain," added Senior Counsel Steven H. Aden. "Albuquerque voters can be confident that this proposed ordinance is both medically and legally sound."

Alliance Defending Freedom is an alliance-building, non-profit legal organization that advocates for the right of people to freely live out their faith.

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