Arizona Proposition 139 is a constitutional amendment that was approved by voters on November 5, 2024, establishing a right to

abortion Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of pregn ...

in the

Constitution of Arizona The Constitution of the State of Arizona is the governing document and framework for the State of Arizona. The current constitution is the first and only adopted by the state of Arizona. History The Arizona Territory was authorized to hold a c ...

until fetal viability.

Background

Arizona's first ban on abortion was passed in 1864.''Dobbs v. Jackson Women's Health Org.'', No. 19-1392, slip op. at 112 (U.S. June 24, 2022). It read: This total abortion ban was invalidated in 1973 by ''

Roe v. Wade ''Roe v. Wade'', 410 U.S. 113 (1973),. was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States conferred the right to have an abortion. The decision struck down many federal and ...

'', which recognized a constitutional right to abortion up to

fetal viability Fetal viability is the ability of a human fetus to survive outside the uterus. Medical viability is generally considered to be between 23 and 24 weeks gestational age. Viability depends upon factors such as birth weight, gestational age, and the av ...

. A

trigger law A trigger law is a law that is unenforceable but may achieve enforceability if a key change in circumstances occurs. United States Abortion In the United States, thirteen states, Arkansas, Idaho, Kentucky, Louisiana, Mississippi, Missouri, No ...

, drafted to go into effect if ''Roe'' were overturned, was passed by the Arizona Legislature in 2022, banning abortion after the 15th week of pregnancy. Later that year, the

Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point ...

ruled in ''

Dobbs v. Jackson Women's Health Organization ''Dobbs v. Jackson Women's Health Organization'', , is a landmark decision of the U.S. Supreme Court in which the court held that the Constitution of the United States does not confer a right to abortion. The court's decision overruled both ''Ro ...

'' that ''Roe'' had been "wrongly decided". This, in turn, led to confusion over which of the two Arizona abortion laws should go into effect: Then-Governor

Doug Ducey Douglas Anthony Ducey (, né Roscoe Jr.; born April 9, 1964) is an American businessman and politician serving as the 23rd governor of Arizona since 2015. A member of the Republican Party, Ducey was previously the CEO of Cold Stone Creamery, a ...

backed the 15-week ban, while then-Attorney General

Mark Brnovich Mark Brnovich (born 1966) is an American attorney and politician who served as the 26th Attorney General of Arizona from 2015 to 2023. A member of the Republican Party, he was an unsuccessful candidate for its nomination in the 2022 U.S. Senate ...

held that the older total ban should be operative. In November of 2022,

Katie Hobbs Kathleen Marie Hobbs (born December 28, 1969) is an American politician and social worker who is the governor-elect of Arizona, having been elected in 2022. She has served as the 21st secretary of state of Arizona since 2019. A member of the ...

and

Kris Mayes Kristin Kay Mayes (born September 6, 1971) is an American reporter, lawyer, and politician who is the Arizona Attorney General. A member of the Democratic Party, Mayes was elected in 2022, defeating Republican Abraham Hamadeh by a margin of jus ...

, both supporters of abortion rights, were elected as

Governor A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...

and

Attorney General of Arizona The Arizona Attorney General is the chief legal officer of the State of Arizona, in the United States. This state officer is the head of the Arizona Department of Law, more commonly known as the Arizona Attorney General's Office. The state attorn ...

, respectively; their election was seen as part of the so-called ''Dobbs'' effect backlash against the ruling. The next month, a state appeals court ruling found that the 2022 law should take precedence, allowing abortions up to 15 weeks to be performed in Arizona. In July 2023, Hobbs issued an executive order stripping local prosecutors of their ability to file prosecutions over the 15-week ban or (if it were revived in court) the 1864 ban, and assigning that power to Mayes, who, in turn, stated that she had no intention of ever filing such prosecutions. On April 9, 2024, the Republican-controlled

Arizona Supreme Court The Arizona Supreme Court is the state supreme court of the U.S. state of Arizona. Sitting in the Supreme Court building in downtown Phoenix, the court consists of a chief justice, a vice chief justice, and five associate justices. Each justice ...

ruled in ''

Planned Parenthood Arizona v. Mayes ''Planned Parenthood Arizona, et al. v. Kris Mayes'' was an Arizona Supreme Court case in which the court upheld an 1864 law criminalizing abortions except to save the life of the mother. Arizona Attorney General Kris Mayes did not enforce the la ...

'' that the 1864 law could be enforced. However, on May 1, in the face of further backlash, the Arizona Legislature repealed the 1864 law, leaving the 15-week ban in place. Proposition 139 invalidated the 15-week ban and expanded legal grounds for abortion within the state, restoring the legal situation before the repeal of ''Roe''.

Content

The official ballot title was as follows: Once approved, the ballot measure added the following text to Article 2, Section 8.1, of the

Arizona Constitution The Constitution of the State of Arizona is the governing document and framework for the State of Arizona. The current constitution is the first and only adopted by the state of Arizona. History The Arizona Territory was authorized to hold a ...

Endorsements

Polling

Notes

References

External links

* {{2024 United States elections Abortion referendums United States state abortion legislation

Arizona Arizona ( ; nv, Hoozdo Hahoodzo ; ood, Alĭ ṣonak ) is a U.S. state, state in the Southwestern United States. It is the list of U.S. states and territories by area, 6th largest and the list of U.S. states and territories by population, 14 ...

Healthcare in Arizona 2024 in Arizona U.S. state constitutional amendments Women in Arizona