In Arizona, the passage of Proposition 139 has granted significant abortion rights protections, but the state’s existing 15-week gestational ban and other anti-abortion laws will not automatically be overturned. Democratic Attorney General Kris Mayes stated that while Proposition 139’s passage, which garnered over 60% support, should nullify the 15-week ban, legal challenges may still arise.
She indicated that the matter would need to be addressed in the courts, and some medical providers may hesitate to perform abortions beyond 15 weeks until further legal clarity is achieved.
The 15-week ban, passed in 2022, limits abortion access beyond the specified timeframe except in cases where a doctor deems it necessary for the woman’s life or health. Violating the law carries severe penalties, including the loss of a medical license and imprisonment.
Proposition 139, however, allows abortions up to fetal viability around 23-24 weeks and provides a health exception for later abortions. This ballot measure also prohibits the prosecution of abortion providers.
Despite the success of Proposition 139, Arizona’s abortion landscape remains complicated by other laws, such as a ban on abortions for fetal genetic abnormalities and a mandatory 24-hour waiting period. Mayes indicated that lawsuits targeting these laws might be filed soon, with the state’s support for those seeking to restore broader abortion access.
While some medical providers anticipate a legal fight, including a possible lawsuit to challenge the 15-week law, the passage of Proposition 139 is a key moment for abortion rights in Arizona. However, the full effect of this victory will depend on the legal battles ahead and potential challenges from federal entities, especially with the incoming presidential administration expressing interest in using historical federal laws to restrict abortion access across states.
For now, Arizona’s voters have protected abortion access, but the state’s legal system will continue to navigate the complex and evolving landscape of reproductive rights.