A table with literature calling for a YES vote on proposition 139, the right to abortion initiative, is displayed by members of Arizona List, an association made to empower and elect progressive pro-choice Democratic women leaders, at the entrance to the Murphy-Wilmot Library in Tucson, Arizona, October 16, 2024. (Photo by OLIVIER TOURON/AFP via Getty Images)
Prop 139 protects the right to an abortion in Arizona up to the point of fetal viability, or when a fetus can survive outside the uterus, which is roughly 24 weeks into a pregnancy.
On Election Day, Arizonans voted overwhelmingly to enshrine the right to an abortion in the state’s constitution. Here’s how it’ll happen, and what issues remain.
As of Nov. 13, Prop 139 had passed with over 61% of the vote and with 99% of ballots counted.
According to the Arizona Secretary of State’s office, the statewide canvass of the election will happen on Nov. 25. Gov. Katie Hobbs will certify the 2024 election results by Dec. 2.
Once the election is certified by the governor, the new amendment will protect the right to an abortion up to the point of fetal viability, or when a fetus can survive outside the uterus, which is roughly 24 weeks into a pregnancy.
The new amendment will also prohibit penalties against abortion care providers, and will give them legal protections to do what is medically appropriate for their patients even past fetal viability.
Arizona’s current law bans abortion after 15 weeks into a pregnancy, with no exceptions for victims of sexual assault.
READ MORE: Arizona passes Prop 139, constitutionally protecting abortion up to fetal viability
Since the 15-week ban won’t automatically be repealed when Prop 139 becomes an amendment, the ban will have to be repealed via Arizona’s legislative or judicial branches.
Arizona has Republican majorities in both chambers of the state Legislature, so it is unlikely that the 15-week ban will be repealed there.
Local groups, like the American Civil Liberties Union of Arizona, will likely file lawsuits asking judges to rule that existing abortion restrictions are no longer constitutional.
“Arizona’s abortion ban is not only cruel and dangerous, but it’s now in direct violation of the rights explicitly guaranteed under our state constitution,” said Victoria López, spokeswoman for the ACLU of Arizona.
“We plan to take action in the coming weeks to implement the state’s new constitutional amendment consistent with the will of the people to protect Arizonans’ rights and freedoms,” López said.
The bottom line: Constitutional amendments take precedence over state laws, so access to abortion in Arizona will be protected through fetal viability starting Dec. 2.
Whether or not abortion care providers will feel comfortable offering those services until the 15-week ban is legally repealed is still up in the air.
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