With the certification of the 2024 Elections complete, the battle lines are being drawn in what could amount to a lengthy legal clash over abortion restrictions in the state.
As reported by the Associated Press, the next fight to break out will likely be to render the present abortion law, a 2022 ban on abortions after 15-weeks with the exception of saving a mother’s life, inoperative. Unless and until a court rules or the legislature passes a new statute to align with the newly minted amendment, the 15-week ban remains in effect. It is around this bulwark that pro-life parties are beginning to build a defensive case, or conversely one that attacks the constitutional amendment.
Democrat Attorney General Kris Mayes told reporters, “The position of the state of Arizona will be that we agree that abortion is legal in our state.”
Cathi Herrod, president of the Center for Arizona Policy (CAP) told reporters with the AP that the group is working to anticipate any legal challenges to the current statutes and are preparing to legally “intervene where appropriate.”
Darrell Hill, policy director at the American Civil Liberties Union of Arizona told the wire service, “All the laws that have currently been on the books are under question and are subject to possible challenges at some point.”
Today, Arizona Governor Katie Hobbs “celebrates” the passage of Proposition 139 to amend the Arizona Constitution to enshrine a constitutional, fundamental right to an abortion.
It is not a time to celebrate. It is a time to mourn the legal taking of unborn children’s lives and… pic.twitter.com/3vhutP1LX4
In a post to X, the Center for Arizona Policy commented, “Today, Arizona Governor Katie Hobbs ‘celebrates’ the passage of Proposition 139 to amend the Arizona Constitution to enshrine a constitutional, fundamental right to an abortion. It is not a time to celebrate. It is a time to mourn the legal taking of unborn children’s lives and the resulting harm to their mothers.”
The advocacy group warned, “Within days, Arizona will see one or more lawsuits that will prove the real intent of Proposition 139: to overturn up to forty of Arizona’s common sense safety standards. Standards that not only protect the viability of unborn children but also the well-being and lives of their mothers. These laws were passed to protect women and their unborn children. Prior to the election, Prop 139 proponents scoffed when we pointed out that the amendment would not only legalize abortion until birth but would put all of Arizona’s common sense abortion safety standards in jeopardy.”
In addition to the 15-week ban, as many as 40 additional statutes require abortion restrictions. They range from requiring pregnant women seeking abortions to have an ultrasound performed at least 24 hours beforehand, to forbiddding abortions explicitly performed due to the existence of a genetic abnormality in an unborn child.
CAP added, “The proponents of this disastrous amendment are revealing what their real agenda has always been: to expand abortion – and their profits – at any cost, even the cost of Arizona women’s health and lives. Governor Hobbs celebrates. Those who value the sanctity of human life at all stages weep. Our commitment remains what it had always been: protect both the woman and her unborn child. We will fight tirelessly to defend these critical, lifesaving measures. We will do all we can to limit the anticipated breadth of Proposition 139.”
Challenges to Prop 139 may range from the vagueness of its standard of “fetal viability,” to how “a compelling state interest,” is defined, with one argument being that preventing murder is in the state’s direct and compelling state interest. Further, allegations that the proposition was only approved through disinformation propagated by Governor Hobbs may lead to legal challenges as well.
The right to an abortion will now be enshrined in the Arizona Constitution after voters approved a radical ballot measure on Tuesday night.
Proposition 139 passed in the Grand Canyon State, receiving over 61% of the vote as of Thursday night. It will create a “fundamental right” for abortion up to “fetal viability” and allows a baby’s life to be ended potentially up until birth.
Arizona for Abortion Access released a short statement on its social media platform after the outcome became clear, stating, “We did it! Arizona has overwhelmingly voted to protect abortion access! We proved, yet again, that Arizona is a state that values freedom and individual rights. Thank you to the thousands of voters, volunteers, and donors – this victory belongs to you.”
Pastor Eric Jones, who helped organize a large coalition of local faith leaders against Prop 139, bemoaned the result of the campaign in a statement posted to his Facebook account. Jones wrote, “While I mourn and lament over the passage of Prop 139, there remains a silver lining as over 700 Arizona Christian pastors crossed denominational and doctrinal lines to unite over this biblical issue and take a stand for the sanctity of human life. Our unity and willingness to stand together pleases the Lord. “How good and pleasant it is when God’s people live together in unity (Psalm 133:1)! And so, let us not grow weary in doing good and let us pray without ceasing. God, have mercy on us.”
Cathi Herrod, another pro-life advocate against this ballot measure, issued a warning about the effects of this amendment on her state, saying, “Arizona will come to regret passing Prop 139 – when girls and women lose their doctors and safeguards, when parents get shut out, when a staggering number of unborn lives end before they even begin, and when voters realize they have been lied to by proponents who would say anything to pass their extreme abortion amendment.”
Herrod added, “I suspect abortion activists know, and that is why they deceitfully lied to voters, telling them there was a ban – when there was no ban – and shamefully telling them women cannot get treatment for miscarriages without passing the proposition. Again, false. But Prop 139 was never about protecting women; it has always been about unregulated and unlimited abortion.”
For several decades, Arizona had been one of the most pro-life states in the country – largely thanks to Republican legislators, governors, and effective activists. Because of the constitutional amendment being passed by voters, a simple majority of the members of the state legislature would not be able to reform any of the policies enacted by the measure.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
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.”
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.…
Arizona has two pathways for addressing abortion: an outright ban as old as the state itself, or the 15-week restriction codified in March.
On Friday, the Supreme Court (SCOTUS) ruled that Roe v. Wade invented a nonexistent constitutional right to abortion, wrongly forcing the states to surrender their authority on the subject. Arizona’s elected officials must decide whether to honor the state’s original outright ban on abortion or, instead, enforce the 15-week ban passed earlier this year. The latter will likely go into effect in the second-to-last week of September; the SCOTUS ruling will be effective near the end of next month.
The Senate’s Republican caucus declared in a press release that the original outright ban is in effect. However, the attorney general’s office hasn’t issued a formal statement of which law it will enforce. It explained in a statement that it’s conducting a legal review.
“This law, that is already on the books, bans most abortions, unless the procedure is necessary to save the life of a mother,” wrote the Senate majority. “Last year, the legislature amended this law, so that the mother who chooses to have an abortion will not face any punishment.”
FOR IMMEDIATE RELEASE: Arizona's Abortion Law Now in Effect in the Wake of Today's SCOTUS Ruling ⬇️ pic.twitter.com/kH4iCWHTIJ
Long before the legislature revised the ban, the Arizona Court of Appeals enjoined the law as unconstitutional in its 1973 ruling in Nelson v. Planned Parenthood Center of Tucson. That decision was directed by the SCOTUS precedent in Roe.
Insecurity over current law prompted Arizona’s abortion providers to suspend abortions until further notice. Chris Love, the chairwoman of Planned Parenthood Arizona’s advocacy arm who bragged about her husband assaulting a black Trump supporter at a pro-abortion rally last month, explained that they didn’t want providers to lose their licenses or police engaging with their patients.
I've been asked why we just don't keep going until we're stopped. The answer is simple. We don't want our providers to lose their licenses and we don't want our pregnant patients to have encounters with police.
Cathi Herrod, the president of the Center for Arizona Policy, spoke with “Conservative Circus” host James T. Harris about the viability of restoring Arizona’s original abortion ban.
Herrod opined that Arizona’s original abortion ban would stand because it preceded Roe v. Wade and that was never repealed after. Arizona outlawed abortion from 1901, prior to achieving statehood, up until it was required by the Supreme Court to allow abortions in 1973. The original ban is A.R.S. 13:3603, which only punishes abortion providers and not the pregnant women.
“I believe that is still good law and that it should be enforceable,” said Herrod.
Herrod clarified that the 1973 Arizona Court of Appeals decision rested on the SCOTUS decision at the time, indicating that the law was no longer enjoined as a result of Friday’s ruling.
Cathi Herrod, President of Center for Arizona Policy, discusses whether it is legal in Arizona to get an abortion a https://t.co/DKN3oQb8KQ
Herrod also noted that even the most recent limitation on abortion — SB1164 banning abortions after 15 weeks, signed into law in March — stipulated that it didn’t repeal the state’s original abortion ban.
“This act does not: […] Repeal, by implication or otherwise, section 13-3602, Arizona Revised Statutes, or any other applicable state law regulating or restricting abortion,” reads the latest law.
In a Facebook post, Herrod added that the state’s original ban had greater enforceability than the 15-week restriction, unless a court enjoins that ban. In that case, Herrod stated that the 15-week restriction would be enforceable.
In response to claims that the legal system would punish expectant mothers for obtaining abortions, Herrod clarified that no state laws extended punishment to mothers. She noted that Governor Doug Ducey codified a repeal of a pre-Roe law punishing women who received abortions with jail.
Herrod predicted that there would be lawsuits on Arizona’s abortion bans. Pro-abortionists undertook legal action on Saturday, a day after the SCOTUS ruling. ACLU of Arizona, the Center for Reproductive Rights, the Arizona Medical Association, and the National Council of Jewish Women Arizona filed an emergency motion in the Arizona District Court.
NEW: The ACLU + partners are urging the court to ensure that AZ's vague “personhood requirement” cannot be used to block access to abortion.
Until the court acts, the uncertainty in the law will cause providers to suspend abortion services & put lives of pregnant people at risk. pic.twitter.com/evpDW7DJ1g
According to the latest data from the Arizona Department of Health Services (AZDHS), there were nearly 13,300 abortions completed in 2020 — over 36 a day across the dozen facilities that provide abortions in the state. Over 85 percent of those who obtained abortions were unmarried. The greatest number of abortions occurred in women aged 20-24 years old: about 4,000. Over 1,200 of the abortions came from teenagers, from under 15 years old to 19 years old. Over 7,600 of the abortions came from women in the 20’s, and over 3,800 came from women in their 30’s.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
