The fight for reproductive rights in Arizona has reached a critical turning point as Proposition 139, a proposed constitutional amendment to secure abortion rights, will be on the ballot this November. The initiative’s path to the ballot is marked by a record-breaking signature collection effort, reflecting widespread public support amid a national landscape of increasing restrictions on abortion access.
Arizona has long been a battleground for abortion rights, with its laws reflecting the broader national struggle over reproductive health. The state’s history includes an 1864 territorial statute that banned abortion at all stages of pregnancy, a law that was reinstated in 2022 following the U.S. Supreme Court’s decision to overturn Roe v. Wade. Although the archaic statute was eventually repealed by Arizona’s Democratic governor, the state continues to enforce a 15-week abortion ban, signed into law by former Republican Governor Doug Ducey.
This 15-week ban allows for abortions only within the first trimester and a few weeks beyond, with exceptions solely to save the life of the pregnant person. The law also imposes significant barriers to abortion access, including mandatory ultrasounds, waiting periods, and multiple in-person visits, even when these requirements are medically unnecessary. Critics of the law argue that it undermines women’s autonomy and access to healthcare and warn that the 15-week limit could be further restricted by future legislative actions.
The journey to place Proposition 139 on the ballot was spearheaded by the Arizona for Abortion Access coalition, a diverse alliance of reproductive rights groups, healthcare advocates, and community organizations. This coalition mobilized an unprecedented grassroots effort, ultimately gathering 577,971 verified signatures—well above the 383,923 needed to qualify for the ballot. The Arizona Secretary of State’s office confirmed that this was the highest number of signatures ever certified for a ballot initiative in the state’s history.
The coalition’s success in mobilizing voters is particularly notable given the legal challenges they faced. Anti-abortion groups attempted to derail the initiative by filing lawsuits, claiming that the amendment’s wording was too confusing for voters. However, these challenges were dismissed by Maricopa County Superior Court Judge Melissa Iyer Julian, who ruled that the initiative’s language was clear and accurate, stating, “This Court will not order its removal from the general statewide election ballot.”
Proposition 139 aims to enshrine a fundamental right to abortion in the Arizona State Constitution, allowing abortion up to the point of fetal viability, generally considered to be around 22 to 25 weeks of pregnancy. Importantly, the amendment also ensures that no law can restrict a person from obtaining an abortion at any stage if their life or health is at risk due to the pregnancy.
This amendment represents a significant shift from Arizona’s current restrictive laws, providing broader protections for reproductive rights. Under Proposition 139, any state-imposed restrictions on abortion after fetal viability would need to meet strict criteria, requiring a compelling reason and the least restrictive means possible to interfere with this fundamental right.
The implications of Proposition 139 extend beyond Arizona’s borders. Should the amendment pass, it would set a precedent for other states considering similar measures, particularly in the wake of the Supreme Court’s decision to dismantle federal protections for abortion rights. Arizona’s vote could influence the national conversation on reproductive health and inspire similar initiatives in states with restrictive abortion laws.
Support for Proposition 139 has been overwhelming, with reproductive rights advocates and healthcare professionals leading the charge. Cheryl Bruce, campaign manager for Arizona for Abortion Access, called the official certification of the ballot measure “a huge win” for Arizona voters, emphasizing that it offers an opportunity to protect the right to abortion care free from political interference.
Karla Gonzales Garcia, gender, sexuality, and identity director with Amnesty International USA, echoed this sentiment, stating, “Today marks an important and exciting turning point toward ensuring the human right to abortion for Arizonans. The outpouring of support for bringing this ballot initiative to the people for a vote clearly shows that the human right to abortion is an important issue for Arizonans.”
Opponents of the amendment, however, remain vocal, with anti-abortion groups continuing to argue that Proposition 139 would undermine the sanctity of life and allow for abortions well beyond what they deem acceptable. These groups are expected to mount a vigorous campaign leading up to the November vote, framing the amendment as extreme and out of step with Arizona’s values.
Polling suggests that Proposition 139 has a strong chance of passing. A CBS News poll conducted in May revealed that 65 percent of Arizona voters support the initiative, with only 21 percent opposed. The amendment’s success would not only solidify Arizona as a state committed to reproductive rights but could also energize voters and impact other key races in the 2024 elections.
Looking ahead, the outcome of Proposition 139 will have lasting implications for Arizona and potentially influence national abortion rights policies. If passed, it would protect abortion access in Arizona, regardless of future changes in the federal landscape. Conversely, if the amendment fails, Arizona could see a return to more restrictive abortion laws, with severe consequences for reproductive healthcare in the state.
Cheryl Bruce stated, “Arizonans will now get to vote yes on restoring and protecting the right to access abortion care, free from political interference, once and for all.”
Alexandra Jacobo is a dedicated progressive writer, activist, and mother with a deep-rooted passion for social justice and political engagement. Her journey into political activism began in 2011 at Zuccotti Park, where she supported the Occupy movement by distributing blankets to occupiers, marking the start of her earnest commitment to progressive causes.
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