Arizona is one step closer to making it illegal to perform abortions based on the gender or race of the fetus - a move that critics say is a solution in search of a problem.

But a majority of the Arizona House of Representatives on Monday agreed that there should be safeguards against such a procedure and passed House Bill 2443 a 41-18 vote.

The measure now moves to the Senate for consideration.

The bill's sponsor, Rep. Steve Montenegro, R-Litchfield Park, said the law was needed to protect against "bigotry and prejudice." He pointed to a 2010 Economist magazine article on "gender-cide" - which documented a bias against female babies - and a Planned Parenthood study that he said concluded that 42 percent of Black babies are aborted as reasons why the legislation is needed.

But the magazine article focused on practices in China and India, and Montenegro could not immediately provide the Planned Parenthood study, which he said was based on national statistics.

Democrats said the legislation was not needed. There's no evidence health-care providers are aborting babies because of their race or gender, said Rep. Matt Heinz, D-Tucson, a physician.

Most abortions happen during the first trimester, when a baby's gender is not known, Heinz said.

The bill drew the hearty endorsement of U.S. Rep. Trent Franks, R-Ariz., who is pursuing similar legislation in Congress. Montenegro is Franks' district director.

In a letter read to House members, Franks wrote, "Sex-selection abortion is a growing tragedy in our state."

But Rep. Katie Hobbs, D-Phoenix, said there was no data to show such a pattern in Arizona abortions.

"Where is the concern for life once it's born?" she asked, pointing to state budget cuts that have targeted programs that help low-income families and children.

The bill would allow the father of an aborted baby - or, if the mother were a minor, the mother's parents - to file a civil action seeking damages against the doctor who performed the abortion.

It also would subject health professionals to a fine of up to $10,000 if they were aware of race- or gender-based procedures and failed to report them.

Rep. Kate Brophy McGee, R-Phoenix, broke from the largely party-line vote, although she says she opposes abortion rights.

"I do not believe in punishing the doctor for the patient's choice," she said.

Rep. Michelle Ugenti, R-Scottsdale, said she, too, was troubled there was no recourse on a mother who would abort a baby because she didn't like its gender or race.

"I think we need to stick with our fundamental beliefs of personal responsibility," she said.

She voted for the bill but said she hoped future laws would address penalties on the mother.

Rep. Russ Jones of Yuma joined Brophy McGee for the two GOP votes against the bill.

Three Democrats broke ranks and voted for the bill: Reps. Albert Hale of Window Rock, Catherine Miranda of Phoenix and Macario Saldate of Tucson.