A proposed amendment in Arizona would enshrine the right to abortion throughout pregnancy into the state constitution and undo the current 15-week restriction.
The abortion measure will appear on the Arizona ballot as “Proposition 139,” and is being put forward by Arizona for Abortion Access — a coalition of groups including ACLU of Arizona, Affirm Sexual and Reproductive Health, Arizona List, Healthcare Rising Arizona, NARAL Arizona, and Planned Parenthood Advocates of Arizona.
Anti-abortion protesters gather for a news conference after Arizona abortion-rights supporters delivered more than 800,000 petition signatures to the state Capitol to get abortion rights on the November general election ballot, on July 3, 2024, in Phoenix. (AP Photo/Ross D. Franklin)
The measure would amend the Arizona constitution to declare that “every individual has a fundamental right to abortion” and bars the state from doing anything that:
Denies, restricts, or interferes with that right before fetal viability unless justified by a compelling state interest that is achieved by the least restrictive means.
Denies, restricts, or interferes with an abortion after fetal viability that, in the good faith judgment of a treating health care professional, is necessary to protect the life or physical or mental health of the pregnant individual.
Penalizes any individual or entity for aiding or assisting a pregnant individual in exercising that individual’s right to abortion as provided in this section.
Abortion is currently restricted in Arizona after 15 weeks of pregnancy, which is when an unborn baby is believed to be capable of feeling pain. The law contains exceptions for life of the mother and serious medical emergencies.
The Arizona Supreme Court allowed a near-total abortion ban from 1864 to go into effect over the 15-week restriction in April. However, Democrat Arizona Gov. Katie Hobbs quickly signed a bill repealing the law on May 2.
The abortion measure needs a simple majority to pass.
WATCH — Dem Sen. Kelly: Voters Will “See Through” Attempts to Say Unborn Are People:
Opponents of the measure argue it could have a host of other consequences if it passes, including scrapping the state’s parental consent law, which requires minors to get permission from their parents before having an abortion.
Arizona Right to Life alleges that the measure’s wording, stating “every individual has a fundamental right to abortion,” obviously includes minors:
If abortion is a fundamental right, even for minors, can their parents stop them from getting an abortion? Does the minor or the “TREATING HEALTH CARE PROFESSIONAL” have to notify the parent if the minor does want to get an abortion? How would a minor even pay for an abortion?
Answer: No, neither the minor nor the “TREATING HEALTH CARE PROFESSIONAL” have to notify the parent if the minor wants to get an abortion even if the minor was raped. Minors cannot afford an abortion; the abortion costs would become a burden to taxpayers and these will all be taxpayer funded at some point soon if this passes into law.
The pro-life groups further argue that measure could “enable human traffickers and smugglers to continually exploit women and minors if and when they are raped,” noting Arizona’s location as a border state.
Local media has parsed through the parental consent claim, pointing out that while parental consent would not be immediately wiped out, the law could likely become the subject of a court battle, should the measure pass.
READ MORE: These Ten States Have Abortion on the Ballot in November
Arizona is one of ten states where abortion is on the ballot in November.
Ballot measures are particularly effective as an offensive weapon because they are basically irreversible. They change a state constitution, take precedence over laws passed by state legislatures, and can only be overturned by another ballot measure or lengthy legal battles. The measures are typically propped up by left-wing organizations and affiliates with deep pockets — such as Planned Parenthood and the ACLU, out-of-state dark money groups, and billionaires with eugenicist leanings — often outspending pro-life organizations by double or triple.
Every single pro-abortion-related ballot measure since the fall of Roe has been successful. During the 2022 special elections, Kansans rejected a ballot measure that would have established that the state Constitution does not include a right to abortion. During the 2022 midterms, voters in California, Michigan, and Vermont codified abortion into their Constitutions. At the same time, voters in Montana rejected a ballot measure that would have given rights to babies born alive in botched abortions. Voters in Kentucky also rejected an amendment similar to the one in Kansas. Last November, Ohioans also voted to codify the supposed right to abortion in their state Constitution via Issue 1.
Katherine Hamilton is a political reporter for Breitbart News. You can follow her on X @thekat_hamilton.