In November 2024, Arizona voters decisively approved Proposition 139, enshrining a constitutional right to abortion care prior to fetal viability—typically around 24 weeks.
This landmark decision reflects a significant shift in public sentiment toward reproductive rights in Arizona. However, the journey to fully align state laws with this new constitutional amendment is proving complex.
Despite the passage of Prop 139, several pre-existing abortion restrictions are still active in Arizona. These include mandatory waiting periods, requirements for patients to view ultrasounds, and extensive data collection mandates for providers.
Such regulations are seen by many as obstacles that contradict the spirit of Prop 139, which aims to ensure accessible abortion care up to the point of viability.
In response, Senator Ortiz has introduced SB 1553 which aims to repeal more than 40 abortion-related statutes that impact Arizonans’ access to care.
The primary goal of SB 1553 is to harmonize Arizona’s statutory framework with the constitutional protections established by Prop 139. By dropping outdated restrictions, the bill aims to ensure that state laws do not impede the reproductive rights affirmed by voters.
Despite its intentions, SB 1553 hasn’t even been assigned to a committee, suggesting it won’t be successful.
After Prop 139, Arizona Democrats try to remove abortion restrictions
Meanwhile, legal challenges are another avenue to address the conflicts. Healthcare providers are challenging the existing law restricting access to abortion in Arizona beyond 15-weeks of pregnancy in court, arguing that the law is incompatible with the constitutional rights established by Prop 139.
The interplay between legislative initiatives and judicial proceedings (mostly judicial it appears at least for the next 2 years) will determine whether and how quickly Arizona will harmonize the will of the people as expressed by Prop 139 & the conflicting barriers to care that were in statute prior to the passage of the voter approved law guaranteeing abortion care rights in our state constitution.