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Abortion Enshrined in Arizona Constitution, Legal Fights Loom

Arizona abortion

Arizona’s top officials certified the state’s election results on Monday, solidifying voter approval of a measure expanding abortion access. The new policy extends the limit from 15 weeks to the point of fetal viability, marking a significant shift in the state’s reproductive health laws.

The win for reproductive rights advocates paves the way for their next fight: contesting existing Arizona laws they argue are overly restrictive. The current 15-week limit, for instance, permits exceptions only in cases where the mother’s life is in danger.

Without intervention from the courts or legislative action, existing laws will remain in effect, even if they conflict with the newly approved voter measure. Meanwhile, opponents of the constitutional amendment are gearing up to mount a defense.

Arizona Gov. Katie Hobbs celebrates passages of abortion ballot measure surrounded by Democratic lawmakers and advocates on Monday, Nov. 25, 2024, at the State Capitol in Phoenix. Arizona’s top officials certified the state’s election results…


Sejal Govindarao/AP

What Are the Current Abortion Laws in Arizona?

For the time being, abortion providers will have the discretion to perform procedures beyond the 15-week limit. However, legal challenges are anticipated within days, Attorney General Kris Mayes stated during a news conference about the expanded access.

“The position of the state of Arizona will be that we agree that abortion is legal in our state,” Mayes said.

Current laws include a requirement for patients to undergo an ultrasound at least 24 hours before the procedure, with the option to view the image and hear an explanation of it. Another law prohibits abortions sought solely due to a genetic abnormality.

“All the laws that have currently been on the books are under question and are subject to possible challenges at some point,” said Darrell Hill, policy director at the American Civil Liberties Union of Arizona.

Arizona Abortion
Members of the gallery watch the vote count on the board, Wednesday, May 1, 2024, at the Capitol in Phoenix, as Democrats secured enough votes in the Arizona Senate to repeal a Civil War-era ban…

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