Arizona Constitution Protects Abortion Rights with Proposition 139

Abortion access is now a constitutionally protected right in Arizona.

Governor Katie Hobbs certified the state’s election results Monday, including Proposition 139, the Arizona for Abortion Access Act. Voters overwhelmingly approved this, granting residents rights to abortion healthcare as advised by doctors.

“I was so proud to sign the certification,” said Hobbs. “I issued an executive order protecting women and doctors from prosecution and provided over-the-counter birth control, vetoing several fetal person bills,” she added.

The Arizona Constitution now mandates a “fundamental right to abortion” and prevents any state laws limiting this right. It also protects medical professionals and supporters from legal actions.

Some state laws violate the constitution, like the 15-week abortion ban. These aren’t automatically repealed but must be challenged in court. Kris Mayes, Arizona’s top law enforcement officer, will not defend laws restricting abortion rights.

“Laws like the 15-week and 20-week bans broadly restrict access before viability and are unconstitutional,” Mayes stated. “We’ll work with healthcare providers and courts for clarity on Arizona’s abortion laws soon.”

Other potentially unconstitutional laws include 24-hour waiting periods, privacy restrictions, genetic abnormality abortion bans, and penalties for violating these laws.

Despite constitutional rights, some providers hesitate to offer full abortion care until restrictions are re-evaluated. Dr. Paul Isaacson, a Phoenix OB-GYN, hopes for quick court decisions before expanding care that might violate laws.

“Legal advice says to follow the lawsuit, hoping for a quick resolution,” said Isaacson. “But not every provider may agree.”