Arizona Voters to Decide on Adding Abortion Rights to State Constitution
PHOENIX (AP) — As of Saturday, Arizona’s long-standing near-total abortion ban from the Civil War era has been officially repealed.
The state’s legal landscape has been turbulent recently. In April, the Arizona Supreme Court permitted the enforcement of the 1864 law that criminalized almost all abortions unless the woman’s life was at risk. This led state lawmakers to push for a bill to repeal the outdated statute.
In May, Democratic Governor Katie Hobbs signed the repeal bill, emphasizing that it marked just the beginning of the fight to safeguard reproductive healthcare in Arizona.
“I will continue doing everything in my power to protect reproductive freedoms because I trust women to make the decisions that are best for them, and know politicians do not belong in the doctor’s office,” Hobbs stated.
Since the U.S. Supreme Court overturned Roe v. Wade in 2022, abortion has become a hot-button issue in Arizona’s political sphere. As the November general election approaches, the topic remains central to Democratic campaigns, with voters set to decide whether to enshrine abortion rights in the state constitution.
The Path to Repeal
After the state Supreme Court’s decision, Governor Hobbs urged the Legislature to act quickly to repeal the abortion ban before it could take effect. However, Republican legislators, who hold a slim majority, initially thwarted these efforts, causing tension and chants of “Shame! Shame!” from Democratic members.
Eventually, House Democrats, with the support of three Republicans, managed to pass the repeal legislation. The Senate followed suit, with two GOP senators joining Democrats to finalize the approval.
Democrats had been advocating for the repeal even before the Supreme Court’s ruling. Governor Hobbs had also called for action during her January State of the State address.
The issue gained further national attention when Democratic state Sen. Eva Burch revealed in a March floor speech that she was going to have an abortion due to a non-viable pregnancy. She highlighted that the laws in Arizona “actually do impact people in practice and not just in theory.”
Current Regulations
In the interim period between the high court’s decision and the signing of the repeal, there was uncertainty about the near-total ban’s enforcement. A court order temporarily blocked the ban, but questions remained about the legality of performing abortions in the state.
In response, California Governor Gavin Newsom signed legislation in late May allowing Arizona doctors to obtain temporary emergency licenses to perform abortions in California.
With the old ban repealed, Arizona now permits abortions up to 15 weeks. Exceptions exist to save the mother’s life after this period, but not for cases of rape or incest. Before the 15-week mark, individuals seeking an abortion must undergo an ultrasound at least 24 hours prior to the procedure and be given the opportunity to view it. Minors need parental consent or judicial authorization, except in cases of incest or life-threatening situations.
Abortion medication can only be prescribed by qualified physicians, and only licensed doctors can perform surgical abortions. Clinics must also report specific abortion data to the Department of Health Services.
Voter Decision
Arizona voters will ultimately decide on adding abortion rights to the state constitution in the upcoming general election.
Arizona for Abortion Access, the coalition behind the ballot measure, successfully secured its place on the ballot. The Arizona Secretary of State confirmed 577,971 signatures from the campaign, far exceeding the required 383,923.
If the measure is approved, abortions would be permitted until fetal viability, typically around 24 weeks. Post-viability abortions would be allowed if the mother’s physical or mental health is endangered.
