Abortion Rights Amendment Advances to November Ballot in Arizona

Arizona voters will have the opportunity in November to amend the state constitution to guarantee the right to abortion, state election officials announced on Monday.

The Arizona Abortion Access Act successfully gathered approximately 578,000 valid signatures, surpassing the required 384,000 needed to secure a spot on the ballot.

Cheryl Bruce, the campaign manager for the initiative, hailed the achievement, stating, “This is a huge win for Arizona voters, who will now get to vote YES on restoring and protecting the right to access abortion care, free from political interference, once and for all.”

Designated as Proposition 139, the Abortion Access Act aims to ensure that women can access abortions up to around 24 weeks of pregnancy, which is generally seen as the point of fetal viability. Exceptions would be made if necessary to preserve the patient’s life or health, whether physical or mental.

Additionally, the proposed amendment would restrict the state from adopting or enforcing policies that limit abortion access unless those policies aim to safeguard the patient’s life or health. This could significantly alter decades of restrictive anti-abortion legislation in Arizona.

Under current laws, Arizona enforces a ban on abortions after 15 weeks of gestation without exceptions for rape or incest. Providers who perform abortions beyond that threshold may face felony charges and potential prison sentences of up to two years.

The Arizona for Abortion Access campaign celebrated its success on Monday. Chris Love, a spokeswoman for the campaign, noted the dedication of volunteers: “Thousands of local volunteers, and dozens of organizations focused on reproductive rights, healthcare, faith communities, and veterans rights, not to mention millions of Arizonans have been looking forward to this day for more than a year.” She emphasized that over 7,000 Arizonans braved varying weather conditions since September 2023 to collect signatures.

However, the initiative faces legal challenges. Arizona Right to Life, an anti-abortion organization, filed a lawsuit to contest the 200-word summary presented to voters before they signed the petition. They argued it was misleading and should disqualify the gathered signatures.

A key concern raised by Arizona Right to Life was the distinction in terminology; the group’s lawyers claimed the use of “health care provider” instead of “treating health care provider” misrepresented who would determine the necessity of an abortion beyond fetal viability.

A judge from Maricopa County Superior Court dismissed the lawsuit. Following this, Arizona Right to Life appealed to the Arizona Supreme Court, which is expected to respond before the Aug. 22 deadline for printing ballots.