Arizona activists have gathered enough signatures to put a constitutional amendment on the state’s ballot in November, creating a “fundamental right” to abortion. The coalition Arizona for Abortion Access, which includes pro-choice groups such as the ACLU of Arizona and Planned Parenthood Advocates of Arizona, has collected over 500,000 signatures from registered voters who support abortion rights. The threshold to place an initiative on the ballot is 383,923 signatures, and the coalition expects the amendment to be placed on the ballot despite some potential invalidations during the verification process.
The U.S. Supreme Court overturned Roe v. Wade in 2022, ending constitutional protections for abortion rights and returning the issue to the states. Since then, several states have enacted laws to restrict or ban abortion, while others have passed state constitutional amendments to protect a woman’s right to choose. Ballot initiatives guaranteeing abortion rights have been successful even in conservative states like Kansas and Ohio. Democrats are hoping that similar initiatives in Arizona and Florida will boost turnout in key swing states and replicate the victories they won in the 2022 midterm elections.
The proposed constitutional amendment in Arizona would establish a “fundamental right” to obtain an abortion up until the 24th week of pregnancy, around fetal viability. Exceptions would allow abortions in cases where a health care professional deems it necessary to protect the life or physical or mental health of the pregnant individual. Pro-life groups have raised concerns about the mental health exemption being too vague and potentially leading to late-term abortions of viable fetuses. Opponents argue that the amendment would eliminate critical safety standards for women seeking abortion and infringe on the role of parents in their minor daughter’s abortion decisions.
Current Arizona law restricts abortion after the 15th week of pregnancy, with an exception only for saving the mother’s life in a medical emergency. The Arizona Supreme Court is also reviewing a challenge to an 1864 law that imposes a near-total ban on abortions, making performing or assisting in an abortion a felony punishable by prison time. The proposed amendment would invalidate this law and other abortion restrictions in the state. Proponents argue that the amendment is necessary to protect women’s rights and ensure access to safe and legal abortion care in Arizona.
The initiative in Arizona and a similar one in Florida are part of a broader strategy by Democrats to mobilize support around reproductive rights issues and boost turnout in key swing states. With high enthusiasm for the measure in Arizona and strong grassroots support, the coalition Arizona for Abortion Access is confident that the amendment will make it to the ballot. The outcome of these ballot initiatives and legal challenges related to abortion rights will have significant implications for the future of reproductive health care access in the United States. Voters will have the opportunity to decide whether to enshrine a woman’s right to choose in the state constitution, ultimately shaping the landscape of abortion laws and access in Arizona.
