Arizona Reshapes Reproductive Rights: 15-Week Abortion Ban Reinstated

By Matthew Holloway |

In a significant political shift, Arizona’s complete abortion ban was repealed on September 14. Pro-abortion advocates and Democratic leaders view this as a key victory. Although Governor Katie Hobbs signed H.B. 2677 into law earlier in May, it only took effect recently.

The state’s current legal landscape allows for abortions up to 15 weeks, following regulations put in place in 2022. While the Arizona Court of Appeals had previously determined that the 2022 15-week law could coexist with a total ban established in 1864, the Arizona Supreme Court has rejected that interpretation.

The Supreme Court stated in its opinion that there was no legislative intent to establish a legal privilege for abortion. It specifically noted, “Our conclusion … obviates the need to harmonize §§ 13-3603 and 36-2322.” It emphasized that any attempt to reconcile these laws would go against the legislature’s explicit intent and would require untenable statutory interpretations.

Following the Supreme Court’s stance on Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade, the ruling indicated Arizona had never recognized a statutory right to abortion. The court elaborated that, given the federal constitutional right to abortion no longer exists, state law now strictly prohibits abortions, except when necessary to save a woman’s life.

According to reports from the Associated Press, Governor Hobbs plans to pursue further protections for reproductive rights. She expressed her commitment, stating, “I will continue doing everything in my power to protect reproductive freedoms.” Her determination was clear when she declared on X, “Any bill attacking the right to safe and legal abortion access will be vetoed without hesitation.”

Looking ahead, Proposition 139, launched by “Arizona for Abortion Access,” will appear on the November ballot. This initiative aims to repeal the 15-week ban and establish a constitutional right to abortion up to the point of “fetal viability,” potentially allowing terminations up until birth.

Previously covered by AZ Free News, there was a legal confrontation over the initiative’s language regarding the term “unborn human being.” The State Supreme Court ruled in favor of the legislative terminology, confirming it met necessary legal standards.

The legislative analysis highlights that current laws restrict physicians from performing abortions after 15 weeks, barring circumstances that threaten a woman’s life or health.

Matthew Holloway is a reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.