2024 election
Abortion Rights Initiative Achieves Widespread Approval
Arizona has ratified a constitutional provision protecting the right to abortion, countering the state’s GOP legislative majority, which previously endorsed a near-total ban. This significant move comes as voters overwhelmingly supported Proposition 139, the Arizona Abortion Access Act, with 63% approval as ballots were counted.
Following the announcement, advocates for reproductive rights hailed the decision, suggesting Arizona serves as a pivotal example for anti-abortion lawmakers nationwide. “There is no acceptable level of government interference in reproductive healthcare,” remarked Chris Love, spokesperson for the YES on 139 campaign.
Arizona was among ten states with abortion-related measures on the ballot, with seven initiatives trending toward approval. Florida’s measure received 57% support but failed to meet the 60% requirement for constitutional amendments.
Victoria Lopez of the American Civil Liberties Union of Arizona highlighted the significance of Prop. 139’s passage, framing it as a clear message against the anti-abortion policies of the state’s Republican leadership. “Arizonans have declared that reproductive choices are ours to make,” she stated.
Currently, Arizona is under a 15-week gestational limit on abortion, with very limited exceptions. The newly approved proposition would enshrine abortion rights in the state constitution, overturning the existing law and safeguarding access from future legislative restrictions.
Importantly, Prop. 139 aims to restore the legal standard set by Roe v. Wade, allowing women to seek an abortion up to the point of fetal viability, estimated at around 23 weeks. It also includes provisions for procedures beyond that point when deemed necessary for the woman’s health.
The initiative emerged from a coalition of reproductive rights groups and was developed after a previous failed attempt to repeal the 15-week ban. With renewed support, Prop. 139 gathered more than double the required signatures to qualify for the ballot.
Recent debate intensified following a decision by the Arizona Supreme Court that revived an outdated near-total abortion ban. While the GOP majority largely resisted calls to repeal this law, advocates mobilized public support for Prop. 139 as an alternative.
The approved proposition is expected to nullify various laws imposed as obstacles to abortion access, including a mandatory 24-hour waiting period. It explicitly forbids any law that undermines a woman’s right to obtain an abortion unless necessary for her health.
Opponents of the initiative, including the grassroots campaign It Goes Too Far, criticized the approval process as based on misinformation. They contend that messaging around the existing 15-week law contributed to misconceptions about abortion access in the state.
Leisa Brug, the campaign manager for the opposing group, claimed that supporters of Prop. 139 misled voters about the implications of the recent legal framework, labeling it a ban rather than a limit.
Among pro-life advocates, concerns have been raised that the new amendment could lead to the elimination of key safety regulations. Cathi Herrod of the Center for Arizona Policy warned that Prop. 139 might erode necessary protections for women during procedures.
Yet the language of Prop. 139 ensures that laws aimed at improving women’s health remain intact, even if they complicate access to abortion services.
***UPDATE: This story has been updated with additional comments.