Arizona’s Pro-Life and Pro-Abortion Sides Gear Up for High-Stakes Prop 139 Showdown

By Matthew Holloway |

The certification of the 2024 Elections in Arizona has set the stage for a potential legal battle over abortion restrictions in the state. At the center of this dispute is a 2022 law prohibiting abortions after 15 weeks, allowing exceptions only when a mother’s life is at risk. Until a court intervenes or the legislature enacts new laws following a recently approved amendment, this 15-week ban remains enforceable. Pro-life advocates are now constructing a legal defense around this law, while others are aggressively challenging the amendment’s validity.

Arizona Democrat Attorney General Kris Mayes has expressed the state’s support for abortion rights, stating, “The position of the state of Arizona will be that we agree that abortion is legal in our state.” In contrast, Cathi Herrod from the Center for Arizona Policy (CAP) voiced her organization’s preparedness for legal challenges against current laws, stating they plan to “intervene where appropriate.” Meanwhile, Darrell Hill of the American Civil Liberties Union of Arizona noted that existing laws are under scrutiny and may face litigation soon.

Governor Katie Hobbs has publicly acknowledged the passage of Proposition 139, which aims to enshrine abortion rights in the Arizona Constitution. However, opposition groups have condemned this move. The Center for Arizona Policy remarked in a recent social media post that this development should not be celebrated, framing it as a cause for mourning the loss of unborn lives.

The advocacy group anticipates imminent lawsuits aimed at demonstrating that Proposition 139 could repeal as many as forty laws designed to protect both unborn children and their mothers. Among these laws are requirements for ultrasounds before abortions and prohibitions on abortions based on genetic abnormalities.

According to CAP, proponents of the amendment are prioritizing profit over the well-being of Arizona’s women, asserting that their commitment remains to protect both mothers and their unborn children. They pledge to fight against the anticipated implications of Proposition 139 vigorously.

Potential legal challenges to Prop 139 may address ambiguities related to “fetal viability” and the definition of “compelling state interest,” including the argument that preventing murder serves the state’s compelling interest. Furthermore, allegations of misinformation surrounding the proposition’s approval may also trigger legal scrutiny.

Matthew Holloway is a reporter for AZ Free News. Follow him on social media for the latest stories or send tips to Matthew@azfreenews.com.