PHOENIX — Projections show voters have passed Arizona's Right to Abortion initiative, Proposition 139, according to Decision Desk.
The proposition adds the right to an abortion in the state's constitution. The measure amends the constitution to establish that every person has the fundamental right to abortion and the state of Arizona may not interfere before the point of fetal viability - around 24 weeks, and after viability if a healthcare provider "determines an abortion is needed to protect the life or physical or mental health of the patient."
Since the ending of Roe vs. Wade, there has been a roller coaster of events regarding abortion in Arizona. At first, it was not clear which law would go into place regarding abortions in the state, but Arizona's Supreme Court ruled that the law of the land would be a near-total abortion ban that dated back to the 1800s. After the ruling, the Arizona state legislature passed a bill to repeal the law, which Gov. Katie Hobbs signed. While the territorial ban went into effect for a brief time, it was immediately challenged in the courts and was not enforced.
According to the AZ Secretary of State, Arizona for Abortion Access received close to 200,000 more valid signatures than needed to make the ballot. Critics of Prop 139, like the group "It Goes Too Far", said the measure's language is too vague and would create medical safety concerns.
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Supporters of Prop 139 argued it would keep healthcare decisions in the hands of patients, their family, and their doctors while restoring healthcare protection women had under Roe.
Opponents of Prop 139 argued it would remove safety standards at abortion clinics and that the language of the proposition is too vague, denying legislators the ability to regulate abortion in any meaningful way.
Arizona for Abortion Access released the following statement following the proposition's projected win:
"Arizona voters have made history once again. Proposition 139 was overwhelmingly approved, guaranteeing Arizonans the fundamental right to abortion. Arizona for Abortion Access, the proud coalition behind Proposition 139, celebrated the decisive victory Tuesday night surrounded by hundreds of volunteers."
On November 25, Attorney General Kris Mayes issued the following statement on the signing of Proposition 139, Arizona's Right to Abortion Initiative:
Today is a good day for Arizona. With the passage and signing of Proposition 139, voters have spoken loudly and clearly in support of protecting a woman’s right to make decisions about her own body without government interference. That is a cause for celebration. I want to thank the volunteers and organizers who worked tirelessly to bring this initiative to the ballot and secure its passage. Their dedication has ensured that the right to abortion is now enshrined in Arizona’s constitution.
Because of this initiative, laws like the 15-week and 20-week abortion bans, which broadly restrict access before viability, are clearly unconstitutional. Many other restrictions that were designed to make it harder for women to access abortion care are likely unconstitutional now too. My office has been analyzing these issues and will be ready to work with health care providers and the courts to ensure clarity regarding Arizona’s abortion laws in the coming weeks and months.
But today, let’s celebrate this victory for freedom, privacy, and the rights of all Arizonans.
