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Activist Group Begins Process To Make Abortion A Constitutional Right In Arizona

October 1, 2023

By Daniel Stefanski |

The wheels are moving on the vehicle to install abortion as a state constitutional right in Arizona.

Last week, Arizona for Abortion Access announced the start of its signature gathering process in order to give state voters an opportunity to vote on this ballot measure in November 2024. Just under 400,000 valid signatures – 383,923 to be exact – are required to achieve success on this front; however, many more signatures will be needed in order to account for the invalid entries that are gathered over the upcoming year.

The deadline to submit the signatures is July 3, 2024.

According to the overview of the initiative provided to the Arizona Secretary of State, the Arizona Abortion Access Act would “amend the Arizona Constitution to establish a fundamental right to abortion that the State may not deny, restrict or interfere with [1] before the point in pregnancy when a health care provider determines that the fetus has a significant likelihood of survival outside the uterus without extraordinary medical measures unless justified by a compelling governmental interest (defined by the act as a law, regulation, policy, or practice enacted for the limited purpose of improving or maintaining the health of an individual seeking abortion care, consistent with accepted clinical standards of practice and evidence-based medicine, and that does not infringe on that individual’s autonomous decision-making) that is achieved by the least restrictive means, or [2] after that point in pregnancy if a health care provider determines an abortion is necessary to protect the life or the physical or mental health of the pregnant individual; and under which the State may not penalize individuals or entities for assisting a pregnant individual in exercising their right to abortion.”

Dr. Candace Lew, the chair of Arizona for Abortion Access, issued a statement, saying, “We have written this ballot measure because Arizonans deserve the freedom to make our own decisions about pregnancy and abortion. These deeply personal decisions should be treated with compassion, dignity, and privacy, not political interference.”

One of the state’s top pro-life leaders, Cathi Herrod from the Center for Arizona Policy, quickly indicated her fierce opposition to this ballot initiative. She wrote, “Arizonans are not radical abortion supporters like those at today’s press conference, who called abortion ‘a blessing’ and praised California-style abortion policy like that in the proposed Arizona ballot measure. Abortion activists behind the proposition making abortion a fundamental right in Arizona, held a press conference today to launch their signature gathering campaign to get the initiative on the November 2024 ballot. The measure would tear down virtually all pro-life precautions and make it nearly impossible to regulate abortion.”

Herrod also explained how, if passed, this constitutional amendment would likely allow the likelihood of abortion at all stages of life in the womb, stating, “The broad exemption of ‘mental health’ of the mother after viability is widely understood, even in the courts, to mean virtually anything the abortion provider wants it to mean, including stress or anxiety. Even barbaric partial-birth abortion is legal under this exemption.”

She added, “In addition, the language prohibits virtually all safety precautions and commonsense regulations on abortion, including holding accountable the abortion provider for shoddy work or the sex trafficker who forces girls to have abortions to cover his crimes.”

Arizona for Abortion Access lists endorsements from the ACLU of Arizona, Affirm Sexual and Reproductive Health, Healthcare Rising Arizona, Arizona List, NARAL Arizona, and Planned Parenthood Advocates of Arizona on its website.

On Wednesday, a post on the social media platform “X” appeared to show Democrat Attorney General Kris Mayes signing the petition to place this amendment on the 2024 ballot.

In August, Democrat Governor Katie Hobbs also weighed in on the initiative, saying, “As a lifelong advocate for Arizonans’ reproductive freedom, I’m thrilled that we will have the opportunity to make our voices heard next November. Once and for all, we will make clear that the government should not have a say in women’s personal healthcare decisions.”

Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.

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