Arizona Approves Constitutional Amendment for Abortion Rights

Authored by Katherine Davis-Young

In Scottsdale, Arizona, on April 15, 2024, advocates for abortion rights gathered to express their views. Earlier that month, on April 9, 2024, Arizona's highest court decided that an almost complete ban on abortion from 160 years ago could be enforced. This decision highlighted abortion as a significant topic in the state's political discussions, especially during this pivotal election year.

Voters in Arizona opted to pass a pivotal ballot measure, as confirmed by the Associated Press.

Since 2022, a law has restricted abortions in Arizona to within the first 15 weeks of pregnancy. Proposition 139 aims to modify the state constitution to permit abortions up until approximately 24 weeks, which is considered the point of fetal viability. The proposition also provides provisions for abortions past this period if necessary to safeguard the life or mental and physical health of the expecting mother.

Critics argue that the measure is overly permissive. They contend that the current abortion regulations are sufficient, as most terminations happen before the 15-week limit, and that the existing laws already have sensible exceptions for issues like miscarriages and pregnancy complications.

Supporters argue that protecting women facing late-stage pregnancy complications is crucial, especially as some are compelled to leave Arizona to access abortion services.

Arizona joined nine other states with abortion-related measures on the ballot this year.

Various sources indicated strong voter backing for the measure's approval.

Chris Love, an advocate for the amendment, expressed confidence, stating, “We always believed that placing our proposal on the ballot would lead to success because our views resonate with many.”

Those advocating for the citizen-driven initiative garnered over double the needed signatures and raised an impressive $32 million, which vastly surpassed the financial resources of their opposition.

With the constitutional change coming into force, it's anticipated that Arizona's existing 15-week abortion restriction will be annulled.

However, Arizona still has numerous abortion-related regulations, including a mandatory 24-hour waiting period, a prohibition on obtaining abortion pills through the mail, and a requirement for an ultrasound before the procedure. These laws may soon face legal challenges.

Barbara Atwood, an emeritus law professor from the University of Arizona, commented, “We can expect a significant amount of litigation as we seek clarity on the application of these rules, such as informed consent, mandatory waiting periods, and the 15-week restriction, under the new constitutional guidelines.”