Arizona Proposition 139 is a proposed constitutional amendment that will appear on the ballot on November 5, 2024. If passed, the amendment would establish a right to abortion in the Constitution of Arizona up until fetal viability.[1] A simple majority is needed for this proposition to pass.
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Right to Abortion Initiative | ||
 Results by county | ||
Background
editIn the 19th century, bans by state legislatures on abortion were about protecting the life of the mother, given the number of deaths caused by abortions; state governments saw themselves as looking out for the lives of their citizens.[2] Arizona's first ban on abortion was passed in 1864.[3] It read:
“[E]very person who shall administer, or cause to be administered or taken, any medicinal substances, or shall use or cause to be used any instruments whatever, with the intention to procure the miscarriage of any woman then being with child, and shall be thereof duly convicted, shall be punished by imprisonment in the Territorial prison for a term not less than two years, and nor more than five years: Provided, that no physician shall be affected by the last clause of this section, who, in the discharge of his professional duties, deems it necessary to produce the miscarriage of any woman in order to save her life.”[3]
This total abortion ban was invalidated in 1973 by Roe v. Wade, which recognized a constitutional right to abortion up to fetal viability. A trigger law, drafted to go into effect if Roe were overturned, was passed by the Arizona Legislature in 2022, banning abortion after the 15th week of pregnancy. Later that same year, the Supreme Court of the United States ruled in Dobbs v. Jackson Women's Health Organization that Roe had been "wrongly decided". This, in turn, led to confusion over which of the two Arizona abortion laws should go into effect: Then-Governor Doug Ducey backed the 15-week ban, while then-Attorney General Mark Brnovich held that the older total ban should be operative.
In November of 2022, Katie Hobbs and Kris Mayes, both supporters of abortion rights, were elected as Governor and Attorney General of Arizona, respectively; their election was seen as part of the so-called Dobbs effect backlash against the ruling. The next month, a state appeals court ruling found that the 2022 law should take precedence, allowing abortions up to 15 weeks to be performed in Arizona.[4] In July 2023, Hobbs issued an executive order stripping local prosecutors of their ability to file prosecutions over the 15-week ban or (if it were revived in court) the 1864 ban, and assigning that power to Mayes, who, in turn, stated that she had no intention of ever filing such prosecutions.[5][6]
On April 9, 2024, the Republican-controlled Arizona Supreme Court ruled in Planned Parenthood Arizona v. Mayes that the 1864 law could be enforced.[7] However, on May 1, in the face of further backlash, the Arizona Legislature repealed the 1864 law, leaving the 15-week ban in place.[8] Legal maneuvering ensured that the legislature's repeal of the 1864 law would go into effect before the Supreme Court's removal of the injunction against it.[9] Proposition 139, if passed, would invalidate the 15-week ban, restoring the legal situation before the repeal of Roe.
Content
editThe official ballot title is as follows:
PROPOSITION 139
PROPOSED BY INITIATIVE PETITION RELATING TO THE FUNDAMENTAL RIGHT TO AN ABORTION.Official Title
AMENDING ARTICLE II, CONSTITUTION OF ARIZONA, BY ADDING SECTION 8.1; RELATING TO THE FUNDAMENTAL RIGHT TO AN ABORTION.
Descriptive Title
CREATES A FUNDAMENTAL RIGHT TO ABORTION. LIMITS THE STATE'S ABILITY TO INTERFERE WITH THAT RIGHT BEFORE FETAL VIABILITY. AFTER FETAL VIABILITY, ABORTIONS ARE ALLOWED WHEN NECESSARY TO PROTECT THE LIFE OR HEALTH OF THE PREGNANT INDIVIDUAL. PROHIBITS LAWS PENALIZING A PERSON FOR ASSISTING AN INDIVIDUAL OBTAINING AN ABORTION.[1]
If approved, the ballot measure would add the following text to Article 2, Section 8.1, to the Arizona Constitution:[10] 8.1. Fundamental right to abortion; definitions
A. Every individual has a fundamental right to abortion, and the state shall not enact, adopt, or enforce any law, regulation, policy, or practice that does any of the following:
1. Denies, restricts, or interferes with that right before fetal viability, unless justified by a compelling state interest that is achieved by the least restrictive means.
2. Denies, restricts, or interferes with an abortion after fetal viability that, in the good faith judgement of a treating health-care professional, is necessary to protect the life or physical or mental health of the pregnant individual.
3. Penalizes any individual or entity for aiding or assisting a pregnant individual in exercising the individual's right to abortion as provided in this section.
B. For the purposes of this section:
1. "Compelling state interest" means a law, regulation, policy, or practice that meets both of the following:
(a) Is enacted or adopted 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.
(b) Does not infringe on that individual's autonomous decision-making.
2. "Fetal viability" means the point in pregnancy when, in the good-faith judgement of a treating health-care professional, and based on the particular facts of the case, there is a significant likelihood of the fetus's sustained survival outside the uterus, without the application of extraordinary medical measures.
3. "State" means this state, any agency of this state, or any political subdivision of this state.
Endorsements
editThis section needs expansion with: more endorsements from individuals and organizations for and against the amendment. You can help by adding to it. (November 2024) |
- U.S. Senators
- Jacky Rosen, U.S. senator from Nevada (2019–present) (Democrat)[11]
- Statewide Officials
- Katie Hobbs, 24th Governor of Arizona (2023–present) (Democrat)[12]
- Organizations
Polling
editThis section needs expansion with: polls that are linked on the talk page. You can help by adding to it. (November 2024) |
| Poll source | Date(s) administered |
Sample size[a] |
Margin of error |
For | Against | Undecided |
|---|---|---|---|---|---|---|
| Noble Predictive 28 | October 28–30, 2024 | 775 (LV) | ± 3.5% | 57% | 33% | 9%[b] |
| CBS News/YouGov | October 11–16, 2024 | 1,434 (RV) | ± 3.3% | 52% | 33% | 15% |
| Fox News | September 20–24, 2024 | 1,021 (RV) | ± 3.0% | 72% | 26% | 2% |
| New York Times/Siena College | September 17–21, 2024 | 713 (RV) | ± 4.4% | 58% | 35% | 7% |
| Fox News | August 23–26, 2024 | 1,014 (RV) | ± 3.0% | 73% | 23% | 4% |
| KFF | May 23–June 5, 2024 | 3,192 (Female RV) | ± 5% | 67% | 32% | 0% |
| CBS News/YouGov | May 10–16, 2024 | 1510 (LV) | ± 3.3% | 65% | 21% | 14% |
| Noble Predictive Insights | May 7–14, 2024 | 1,003 (RV) | ± 3.09% | 41% | 41% | 18% |
See also
edit- Abortion in Arizona
- 2022 Kansas abortion referendum
- 2022 California Proposition 1
- 2022 Michigan Proposal 3
- 2022 Vermont Proposal 5
- November 2023 Ohio Issue 1
- 2024 Colorado Amendment 79
- 2024 Florida Amendment 4
- 2024 Maryland Question 1
- 2024 Missouri Amendment 3
- 2024 Montana Initiative 128
- 2024 Nebraska Right to Abortion Initiative
- 2024 Nevada Question 6
- 2024 New York Proposal 1
- 2024 South Dakota Amendment G
Notes
editReferences
edit- ^ Rodriguez, Valeria (2024-08-27). "Prop 139 on Arizona November Ballot". KYMA. Retrieved 2024-08-29.
- ^ Buell, Samuel (1991-01-01). "Criminal Abortion Revisited". New York University Law Review. 66 (6): 1774–1831. PMID 11652642.
- ^ a b Dobbs v. Jackson Women's Health Org., No. 19-1392, slip op. at 112 (U.S. June 24, 2022).
- ^ "Arizona's 1864 abortion ban doesn't overrule 50 years of more recent regulations". Arizona Mirror. 2022-12-31. Retrieved 2023-11-08.
- ^ "Mayes says she has no plans to prosecute any abortions". KJZZ. 2023-07-03. Retrieved 2023-11-08.
- ^ Clift, Eleanor (2023-07-03). "How Arizona Became Ground Zero for the Abortion Rights Battle". The Daily Beast. Retrieved 2023-11-08.
- ^ Billeuad, Jacques; Snow, Anita (April 9, 2024). "Arizona can enforce an 1864 law criminalizing nearly all abortions, court says". The Associated Press. The Associated Press. Retrieved 2024-04-10.
- ^ Healy, Jack; Dias, Elizabeth (2024-05-01). "Arizona Lawmakers Repeal 1864 Abortion Ban, Creating Rift on the Right". The New York Times. ISSN 0362-4331. Retrieved 2024-07-04.
- ^ Rosciglione, Annabella (2024-06-18). "Arizona's 1864 abortion ban no longer expected to take effect - Washington Examiner". Retrieved 2024-08-16.
- ^ "Application for Serial Number Initiative Petition A.R.S. § 19-111" (PDF). Initiative, Referendum and Recall Applications. Arizona Secretary of state. September 12, 2023.
- ^ Messerly, Megan (May 12, 2024). "National Dem strategy worries state abortion-rights leaders". Politico. Retrieved August 15, 2024.
- ^ Gomez, Gloria (November 28, 2023). "Hobbs endorses Arizona Abortion Access Act". Arizona Mirror. Retrieved August 15, 2024.
- ^ "FFRF Action Fund grants support for 11 pro-abortion state referenda". Freedom From Religion Foundation Action. September 24, 2024. Retrieved October 13, 2024.