Arizona Proposition 139, Right to Abortion Initiative (2024)

In this video, we discuss Arizona Proposition 139, the Right to Abortion Initiative, an initiated constitutional amendment that Arizona voters will decide on Nov. 5.

A “yes” vote on Proposition 139 supports amending the state constitution to provide for the fundamental right to abortion that the state of Arizona may not interfere with before the point of fetal viability (defined as the point of pregnancy when there is significant chance of the survival of the fetus outside of the uterus without the application of extraordinary medical measures) unless justified by a compelling state interest (defined as a law or regulation enacted for the limited purpose of improving or maintaining the health of the individual seeking abortion care that does not infringe on that individual's autonomous decision making).

A “no” vote opposes amending the state constitution to provide for the fundamental right to an abortion.

Let’s take a look at the current status of abortion in Arizona:
Currently, abortion is legal for up to 15 weeks of pregnancy in Arizona. On April 9, 2024, the Arizona Supreme Court, in a 4-2 decision, upheld a law enacted in 1864 prohibiting abortion in most circumstances except to save the life of the mother. The law ordered prosecution for "a person who provides, supplies or administers to a pregnant woman, or procures such woman to take any medicine, drugs or substance, or uses or employs any instrument or other means whatever, with intent thereby to procure the miscarriage of such woman, unless it is necessary to save her life."
The Arizona State Legislature never repealed the law, and the Court ruled it became enforceable following the U.S. Supreme Court's decision in Dobbs v. Jackson Women’s Health Organization. The Arizona Supreme Court stayed enforcement of the abortion ban for 14 days to allow legal challenges to the ruling. On April 24, 2024, the Arizona House of Representatives passed House Bill 2677 by 32-29, which would repeal the 1864 abortion ban. The Arizona State Senate voted 16-14 to pass the repeal on May 1, 2024. In Arizona, a repeal can only take effect 90 days after the adjournment of the state legislature. On May 13, the Arizona Supreme Court granted a motion to stay the enforcement of the 1864 law until September 26, 2024. On June 15, 2024, the Arizona State Legislature adjourned, meaning that the bill repealing the ban will become effective before the court order that would have reinstated the law.

Arizona for Abortion Access is leading the campaign in support of the initiative. Other supporters include:
ACLU of Arizona
Planned Parenthood Advocates of Arizona
The Fairness Project
Think Big America, and
Gov. Katie Hobbs

It Goes Too Far is leading the campaign opposing the initiative. Other opponents include:
Arizona Catholic Conference Bishops
Arizona Right to Life
Moms for America
Progressive Ant-Abortion Uprising, and
Susan B. Anthony Pro-Life America

Campaign finance reports through September 2024, show us that Arizona Proposition 139 supporters have raised $32.6 million dollars and Proposition 139 opponents have raised $1.2 million dollars.

As of October 9, 2024, 11 statewide ballot measures related to abortion have been certified in Arizona, Colorado, Florida, Maryland, Missouri, Montana, Nebraska, New York, Nevada, and South Dakota for the general election ballot in 2024. This is the most on record for a single year. Keep an eye out for our videos about the measures in each state.

For more information about Arizona Proposition 139, including its full text, campaign finance information, and more arguments for and against it, click on the link below. And make sure to check back with us for more nonpartisan, fact-based information on America’s politics and elections.

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