Now that Arizona voters have approved a ballot measure to enshrine the right to abortion access in the state constitution, a number of court cases are likely to follow over the state’s existing abortion laws.
Proposition 139 will amend the state constitution to allow abortions to the point of fetal viability — around 24 weeks of gestation. And the measure will allow exceptions for abortions beyond the point of viability to protect the life or physical or mental health of the pregnant person. The measure passed with support from about 60% of Arizona voters. It will take effect following the statewide canvass of election results, which is expected to happen later this month.
Arizona currently bans abortion after 15 weeks. That’s clearly at odds with the new amendment, said Victoria López, director of program and strategy with the ACLU of Arizona.
“The voters have sent a crystal clear message that this ban that is currently in place in Arizona has no place in our state,” López told KJZZ News.
But, she said, legislation or executive action or a court order will be needed to officially strike down the 15-week law.
Arizona also has dozens of other abortion regulations: There’s a mandatory 24-hour wait for patients seeking abortions; a ban on sending abortion medication by mail; and a requirement that patients have an ultrasound, which may be medically unnecessary.
López said her organization is already working with other groups on possible legal challenges to those laws.
“We anticipate that there will need to be litigation to challenge that 15-week ban and reconcile other laws and restrictions that are on the books so that they are not in conflict with the new state constitutional amendment,” López said.
Abortion opponents in the state have said they are also exploring possible legal action following the amendment’s passage.
