Az’s 15-Week Abortion Ban: Impacts on Pregnant Women and Comparison with Other States

The landscape of abortion regulations across the United States has undergone significant changes since the Supreme Court eliminated constitutional protections over two years ago. States have adopted a variety of laws, creating a complex legal framework that varies dramatically from one location to another. Currently, half the states allow abortion up until viability, while voters in Arizona and nine other states will decide on similar measures in the upcoming November election.

Fourteen states enforce complete bans on abortion, while another eleven, including Arizona, have implemented distinct restrictions. Arizona stands out for prohibiting abortions after just 15 weeks of pregnancy, a threshold that aligns with a majority of abortions nationwide, where 93% occur before this point. Proposition 139, if passed, would guarantee access to abortion in Arizona through the stage of viability.

The rapid evolution of these legal frameworks follows the Supreme Court’s decision, with many state laws tied to quickly shifting developmental milestones of the fetus. Here’s a look at what occurs during key stages of pregnancy and the relevant laws:

At five weeks, the fetus is approximately the size of a sesame seed, and this period marks when most home pregnancy tests yield positive results. By six weeks, rudimentary limbs begin to form; states like Florida and Georgia have enacted bans at this stage, often labeled as “fetal heartbeat” bills.

By twelve weeks, the fetus resembles a plum, and forms of reproductive organs begin to develop. At thirteen weeks, the fetus is about the size of a peach, signaling the start of the second trimester. In 2022, Arizona recorded 11,407 abortions, with 92% occurring before the end of the first trimester, mirroring national trends.

Fifteen weeks is when Arizona’s abortion ban kicks in, making exceptions solely for saving the life of the pregnant individual or preventing severe bodily harm. This sharp cut-off is unique among U.S. states; by law, no exceptions exist for cases of rape or incest. Proposition 139 seeks to amend this limit, reflecting concerns from medical professionals like Dr. Gabrielle Goodrick, who cite various socio-economic barriers that may delay access to care.

Opponents of the proposed amendment frame their arguments around the belief that life begins at conception. Joseph Perron, founder of the Arizona East Valley Pro-Life Alliance, contends that any abortion after conception is tantamount to taking a life.

Reproductive milestones continue through eighteen weeks, where fetal movement becomes noticeable, and sex can be determined via sonogram. States such as Utah set abortion limits at this point. By twenty weeks, the fetus is about ten inches long, marking the halfway point of an average pregnancy. Various states maintain different regulatory caps, with some allowing termination until viability.

Viability generally occurs around twenty-four weeks, at which point the fetus has a significantly improved chance of survival. Sixteen states permit abortion through this stage, while nine states do not impose gestational restrictions at all. In contrast, fourteen states have enacted total abortion bans.

As states prepare for upcoming ballots, voters will choose between measures that may either preserve or restrict reproductive rights. In Nevada, Colorado, and New York, proposals seek to enshrine the right to abortion in state constitutions, while South Dakota is considering a measure that could allow abortions until the second trimester. Arizona, Montana, Missouri, Nebraska, and Florida also have initiatives aimed at safeguarding abortion access until viability.

In a convoluted landscape where laws are rapidly evolving, advocates like Athena Salman argue that placing limits on healthcare options is inherently harmful. As states navigate these challenging discussions, the implications are felt deeply across families and healthcare providers in diverse communities.