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arizona for abortion access
Pamphlet on Arizona Abortion Measure Can Say 'Unborn Human Being'
"We are deeply disappointed in this ruling, but will not be deterred from doing everything in our power to communicate to voters the truth of the Arizona Abortion Access Act," said the campaign behind the ballot measure.
Aug 14, 2024
While celebrating that Arizona voters will get to weigh in on an abortion rights ballot measure this November, reproductive rights advocates on Wednesday blasted a state Supreme Court ruling about language in a related informational pamphlet.
Overturning a decision from the Maricopa County Superior Court, the Arizona Supreme Court ruled that Republican legislators' use of "unborn human being" to refer to a fetus in the pamphlet "substantially complies" with the state's impartiality requirements.
"The Arizona Supreme Court today reversed the trial court's well-reasoned ruling and held that the phrase 'unborn human being'—a watchword for anti-abortion advocates with no basis in medicine or science—is somehow impartial or objective," the Arizona for Abortion Access campaign said in a statement.
"This means that Arizona voters won't get to learn about the questions on their ballot in a fair, neutral, and accurate way but will instead be subjected to biased, politically charged words developed not by experts but by anti-abortion special interests to manipulate voters and spread misinformation," the campaign continued.
"We are deeply disappointed in this ruling," the campaign added, "but will not be deterred from doing everything in our power to communicate to voters the truth of the Arizona Abortion Access Act and why it's critical to vote YES to restore and protect access to abortion care this fall."
The Arizona Abortion Access Act is a proposed state constitutional amendment that would prohibit many restrictions on abortions before fetal viability and safeguard access to care after viability to protect the life or health of the patient. The office of Arizona's secretary of state formally certified the proposed ballot measure on Monday.
The campaign to get the measure on the ballot garnered national attention earlier this year, when the Arizona Supreme Court upheld an 1864 abortion ban that includes no exceptions for pregnancies resulting from rape or incest. Although Democratic Arizona Gov. Katie Hobbs signed legislation to repeal the ban less than a month later, reproductive rights advocates have continued to emphasize the importance of passing the amendment.
Arizona is one of several states where reproductive freedom measures are—or soon could be—on the ballot in November. Rights advocates have increasingly pushed and succeeded in passing such measures since the U.S. Supreme Court's right-wing supermajority reversed Roe v. Wade two years ago, which set off a fresh wave of GOP efforts to enact state abortion bans.
The battle over the Arizona pamphlet is connected to a broad push by the anti-choice movement to ultimately end abortion care by recognizing fetuses and embryos as people with legal protections and rights.
This strategy has even influenced the latest Republican Party platform, which says that "we believe that the 14th Amendment to the Constitution of the United States guarantees that no person can be denied life or liberty without due process, and that the states are, therefore, free to pass laws protecting those rights."
The platform was finalized last month, shortly before the Republican nominee, former President Donald Trump, announced U.S. Sen. JD Vance (R-Ohio) as his running mate—a decision that further stoked fears of what a GOP victory in November would mean for abortion rights at the federal level.
Trump and Vance are set to face Democratic Vice President Kamala Harris and Minnesota Gov. Tim Walz, who have strong support from reproductive rights groups. Planned Parenthood Action Fund president Alexis McGill Johnson recently declared that they "are the only people we can trust to ensure that everyone has the freedom to make decisions about their own bodies."
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'Huge Win': Abortion Rights Amendment Will Be on Arizona Ballot in November
"Now, in November, it is time for Arizonans to take the next step and vote yes on this important initiative," said one campaigner.
Aug 13, 2024
Reproductive rights advocates in Arizona celebrated a key victory late Monday after the state formally certified their proposed ballot measure, which aims to establish "a fundamental right to abortion" in Arizona's constitution.
The office of Arizona's secretary of state said it verified 577,971 signatures in support of placing the proposed constitutional amendment on the November ballot. That's well above the required 383,923 signatures, and organizers said the total number of verified signatures surpassed the state record for ballot initiatives—an indication that the effort has generated widespread enthusiasm amid right-wing attacks on reproductive rights across the country.
"Today marks an important and exciting turning point toward ensuring the human right to abortion for Arizonans," said Karla Gonzales Garcia, gender, sexuality, and identity director with Amnesty International USA, part of the Arizona for Abortion Access coalition.
"The outpouring of support for bringing this ballot initiative to the people for a vote clearly shows that the human right to abortion is an important issue for Arizonans. Now, in November, it is time for Arizonans to take the next step and vote yes on this important initiative," she added. "Since the fall of Roe v. Wade, we're facing a human rights crisis in this country when it comes to abortion access. Too many people still cannot access healthcare, including abortions, they need. While the lasting solutions to ensure abortion access must be national in scope and go beyond restoring Roe, Arizonans have the powerful opportunity to constitutionally protect access to abortion in their state."
Under current Arizona law, abortion is banned after 15 weeks of pregnancy and—according to the Guttmacher Institute—patients are forced to jump through a number of hoops to receive care, such as getting an ultrasound even if it's medically unnecessary and making at least two in-person trips.
Proposition 139, the Arizona for Abortion Access Act, would establish "a fundamental right to abortion under Arizona's constitution" and bar the state from interfering "with this fundamental right before fetal viability unless it has a compelling reason and does so in the least restrictive way possible."
The initial victory for Proposition 139 organizers comes months after Arizona's Democratic governor signed legislation repealing a draconian abortion ban dating back to 1864. The Arizona Supreme Court ruled a month earlier that the law was enforceable after the U.S. Supreme Court overturned Roe v. Wade in the summer of 2022.
Arizona's 15-week abortion ban, signed into law by former Republican Gov. Doug Ducey, is now in effect—but voters in the battleground state will have a chance to effectively repeal the ban in November.
Cheryl Bruce, campaign manager for Arizona for Abortion Access, said in a statement Monday that the official certification of the ballot measure "is a huge win."
Arizonans, she said, "will now get to vote yes on restoring and protecting the right to access abortion care, free from political interference, once and for all."
Arizona is one of a number of states where abortion rights will be on the ballot in November. Since the U.S. Supreme Court's decision overturning Roe, abortion rights have won every time they've been put directly to voters, a winning streak that has intensified right-wing efforts to derail ballot initiatives.
In Arkansas, campaigners are suing the state's top election official for moving to disqualify a proposed abortion rights ballot initiative for what they say were obvious political reasons.
Arkansas is one of 17 U.S. states where abortion is completely banned with extremely limited exceptions.
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Arizonans Submit Over Double the Signatures Needed for Abortion Ballot Measure
"The enthusiasm we've seen from Arizona voters for this constitutional amendment is unprecedented, and we're ready to stand with them through Election Day and restore the reproductive freedom they deserve."
Jul 03, 2024
Campaigners on Wednesday turned in 823,685 signatures—more than double the 383,923 required—to the Arizona secretary of state's office to get a proposed state constitutional amendment protecting abortion rights on the November ballot.
"What we're turning in is a show of strength of the campaign, but also strength of the issue of protecting abortion," said Chris Love, a spokesperson for Arizona for Abortion Access. "And I'm confident that we will obviously appear on the ballot, but more importantly, I'm confident that we'll win in November."
County election officials and Democratic Arizona Secretary of State Adrian Fontes will now work on reviewing the signatures and formally certifying the ballot measure by late next month.
Arizona for Abortion Access campaign manager Cheryl Bruce declared that "this is the most signatures ever gathered for a ballot measure in Arizona history, which is a testament to the broad support among Arizona voters for restoring and protecting abortion access in Arizona."
"An astonishing signature collection effort from volunteers, organizers, advocates, patients, and providers in Arizona has made this moment possible."
The Arizona Republic reported that "the secretary of state does not keep data that would easily confirm the number of signatures is the most in state history," but "the number far outpaces that of popular petition campaigns in recent years."
Fontes' office does publish voter registration data. As of April, there were 4,058,320 registered voters—meaning more than 1 in 5 signed their names in support of the abortion rights campaign, which is backed by groups including the ACLU of Arizona, the Fairness Project, Planned Parenthood Advocates of Arizona, and Reproductive Freedom for All Arizona.
"An astonishing signature collection effort from volunteers, organizers, advocates, patients, and providers in Arizona has made this moment possible, and we're thrilled to be part of it," said Fairness Project executive director Kelly Hall in a statement.
"While extreme politicians in Phoenix have allowed a 15-week abortion ban to block patients from getting the care they need, the Arizona for Abortion Access campaign has worked tirelessly to let voters have a say in their own healthcare decisions," she continued. "The enthusiasm we've seen from Arizona voters for this constitutional amendment is unprecedented, and we're ready to stand with them through Election Day and restore the reproductive freedom they deserve."
The effort to pass the Arizona Abortion Access Act began last summer—before a nationally watched legal battle earlier this year: The Arizona Supreme Court upheld an 1864 abortion ban that included no exceptions for rape or incest, then the Arizona Legislature passed and Democratic Gov. Katie Hobbs signed a bill to repeal it.
Still, in addition to banning abortion after 15 weeks, Arizona has rules that make it harder to get care. The proposed amendment would affirm a fundamental right to abortion until fetal viability and limit state restrictions. It would also protect access to care after viability if a healthcare provider determines ending a pregnancy is needed for the patient's life or health.
Reproductive freedom has been a key issue at all levels of American politics since the U.S. Supreme Court's right-wing supermajority reversed Roe v. Wade with their Dobbs v. Jackson Women's Health Organization ruling two years ago, which bolstered GOP efforts to attack access to abortion care—along with birth control.
It remains a top issue going into the November election. Along with choosing which party controls the White House and Congress, voters in several states are set to weigh in on ballot measures designed to protect reproductive rights. The Associated Press published a graphic showing the states where such measures are on the ballot pending:
"Supporters of an Arkansas proposal to scale back the state's abortion ban face a Friday deadline to submit petitions to qualify for the November ballot," according to the AP. "The group behind the measure, Arkansans for Limited Government, said on Facebook and Instagram on Tuesday that it still needed 8,200 signatures out of the 90,704 required."
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As Hobbs Signs Repeal, Arizonans Push Abortion Rights Ballot Measure
"We cannot afford to celebrate or lose momentum. The threat to our reproductive freedom is as immediate today as it ever was," said the campaign behind the ballot initiative.
May 02, 2024
While Democratic Arizona Gov. Katie Hobbs on Thursday signed legislation repealing an 1864 abortion ban, reproductive rights advocates in the state reiterated that fuller freedom over family planning requires passing a November ballot measure.
In response to an
Arizona Republic opinion piece noting that there is no emergency clause in House Bill 2677, the law repealing the ban, "which means it won't go off the books until 90 days after the Legislature adjourns," Arizona for Abortion Access stressed that "Arizonans will still be living under a law that denies us the right to make decisions about our own health."
"We cannot afford to celebrate or lose momentum. The threat to our reproductive freedom is as immediate today as it ever was," the campaign behind the ballot initiative said, adding that only passing the Arizona Abortion Access Act "changes that for good."
The Arizona Abortion Access Act is a proposed state constitutional amendment that would prohibit many limits on abortions before fetal viability and safeguard access to care after viability to protect the life or physical or mental health of the patient. Arizonans were fighting for it even before the state Supreme Court reinstated the 160-year-old ban.
Even Hobbs recognized that the battle for reproductive freedom is far from over, saying Thursday that "today, we should not rest, but we should recommit to protecting women's bodily autonomy, their ability to make their own healthcare decisions, and the ability to control their lives."
"Let me be clear: I will do everything in my power to protect our reproductive freedoms, because I trust women to make the decisions that are best for them, and know politicians do not belong in the doctor's office," the Democrat pledged.
Her signature came just a day after the Arizona Senate approved H.B. 2677, following its state House passage last month. In both cases, a couple of Republican lawmakers voted with Democrats to advance the legislation—defying not only party members in the state but a national GOP that is hellbent on ending access to abortion care.
Democratic Arizona Attorney General Kris Mayes said Wednesday that the Senate vote "to repeal the draconian 1864 abortion ban is a win for freedom in our state" and she was looking forward to Hobbs signing the bill.
"However, without an emergency clause that would allow the repeal to take effect immediately, the people of Arizona may still be subjected to the near-total abortion ban for a period of time this year," Mayes acknowledged. "Rest assured, my office is exploring every option available to prevent this outrageous 160-year-old law from ever taking effect."
Law Dork's Chris Geidner pointed out that "on Tuesday—though technically unrelated—Mayes' office asked the Arizona Supreme Court to stay the issuance of the mandate in the case holding the near-total ban enforceable."
According to Geidner:
If granted, that would push the issuance of the mandate to July 25—90 days beyond the date when the Arizona Supreme Court denied Mayes' request for reconsideration—which would then block enforcement to at least 45 days beyond that, to September 8.
At that point, the repeal law passed on Wednesday likely will have gone into effect—meaning that the 15-week ban would remain the applicable law throughout this entire time—and the expected vote on the proposed constitutional amendment will be less than two months away.
Planned Parenthood Arizona took similar action after the Senate vote on Wednesday. The group's CEO, Angela Florez, explained that "we have said all along that we will use every possible avenue to safeguard essential care for our patients and all Arizonans, and that's exactly what we're doing with today's motion."
"While anti-abortion extremists in the state Legislature will continue to do everything in their power to undermine Arizonans' freedom and criminalize essential healthcare, Planned Parenthood Arizona is taking action to prevent a harmful total ban on abortion from taking effect in our state," Florez continued. "The court's April 9 ruling was both tragic and wrong, but it rested on trying to discern legislative intent. The Legislature has now spoken and clearly does not want the 1864 ban to be enforced."
"We hope the court stays true to its word and respects this long-overdue legislative action, by quickly granting our motion to end the uncertainty over the future of abortion in Arizona," added Florez, whose group supports the ballot measure.
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'One Step Closer': Arizona House Votes to Repeal 1864 Abortion Ban
"With a total ban still set to take effect June 8, the Arizona Abortion Access Act is needed now more than ever," one state campaigner said of a November ballot measure.
Apr 24, 2024
Three Republicans in the Arizona House of Representatives on Wednesday joined with Democrats to advance legislation that would repeal an 1864 ban on abortion—a development rights advocates welcomed while stressing that the fight is far from over.
The 32-28 vote on House Bill 2677—with GOP Reps. Tim Dunn (25), Matt Gress (4), and Justin Wilmeth (2) voting in favor—was the third attempt in as many weeks to pass repeal legislation since the Arizona Supreme Court upheld the ban.
"The state Senate could vote on the repeal as early as next Wednesday, after the bill comes on the floor for a 'third reading,' as is required under chamber rules," according to NBC News. Democratic Gov. Katie Hobbs on Wednesday told The Washington Post that "I am hopeful the Senate does the right thing and sends it to my desk so I can sign it."
Applauding the House passage of H.B. 2677, Planned Parenthood Advocates of Arizona president and CEO Angela Florez said that "today, Arizona is one step closer to repealing the state's Civil War-era total abortion ban. While the repeal still must pass the Senate, this is a major win for reproductive freedom."
"We must celebrate today's vote in support of abortion rights and harness our enthusiasm to spread the word and urge lawmakers in the Senate to support this necessary repeal bill," she continued. "Despite this step forward, Arizonans cannot stop fighting."
Florez noted that "even with the repeal of the Civil War-era ban, the state will still have a ban on abortion after 15 weeks of pregnancy that denies people access to critical care. And lawmakers continue to attack Arizonans' ability to access reproductive healthcare. Our right to control our bodies and lives is hanging on by a thread."
"Thankfully, voters will have the opportunity to take back control if the Arizona Abortion Access Act is on the ballot this November," she added. "Abortion bans are out-of-step with the will of Arizonans and will force pregnant people to leave their communities for essential healthcare. Planned Parenthood Advocates of Arizona will continue fighting to ensure everyone has the right to make decisions about their health and futures."
The Arizona Abortion Access Act is a proposed state constitutional amendment that would prevent many limits on abortions before fetal viability and safeguard access to care after viability to protect the life or physical or mental health of the patient.
The coalition supporting the amendment, Arizona for Abortion Access, highlighted on social media that the House-approved bill "did not include the emergency clause required to stop the 1864 ban from taking effect on June 8," meaning H.B. 2677 wouldn't apply until 90 days after the end of the legislative session.
Coalition campaign manager Cheryl Bruce said that "with a total ban still set to take effect June 8, the Arizona Abortion Access Act is needed now more than ever. We remain committed to taking these decisions out of the hands of extremist politicians."
Arizona is one of multiple states where rights advocates are promoting abortion rights ballot measures this cycle. Reproductive freedom is also dominating political races at all levels, including the presidential contest. Democratic President Joe Biden is set to face former Republican President Donald Trump in November.
" Donald Trump is responsible for Arizona's abortion ban. Women in the state are still living under a ban with no exceptions for rape or incest and have been stripped of the freedom to make their own healthcare decisions," said Julie Chávez Rodriguez, Biden and Vice President Kamala Harris' reelection campaign manager.
While the presumptive GOP nominee has tried to distance himself from the Arizona Supreme Court's reinstatement of a 160-year-old abortion ban, he has also campaigned on his three appointees to the U.S. Supreme Court who helped reverse Roe v. Wade.
"Trump brags that he is 'proudly' the person responsible for these bans and if he retakes power, the chaos and cruelty he has created will only get worse in all 50 states," Chávez Rodriguez said. "President Biden and Vice President Harris are the only candidates who will stop him."
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Arizona Coalition Launches Push to Codify Abortion Rights in State Constitution
"The majority of Arizonans agree: People who can become pregnant deserve the freedom to decide for themselves when to become a parent or grow their families," said one state lawmaker. "Let's do this, Arizona."
Aug 08, 2023
Following the success of pro-abortion rights ballot initiatives in several states last year, organizers from across the nation are zeroing in on Arizona as the next state where the question of whether the right to abortion care should be codified should be posed directly to voters.
Groups including NARAL Arizona, the ACLU of Arizona, and Planned Parenthood Advocates of Arizona (PPAA) on Tuesday filed proposed language for a new amendment to the state constitution which, if passed in the 2024 election, would guarantee the right to abortion care up until about 22 to 24 weeks of pregnancy—the point of fetal viability.
Pregnant people whose lives or health would be put at risk by continuing a pregnancy would also be guaranteed the right to abortion care after the 24-week point.
The groups are among those forming a new political action committee called Arizona for Abortion Access, more than a year after the right-wing majority on the U.S. Supreme Court overturned Roe v. Wade, paving the way for abortion bans in more than 20 states and restrictions in at least six, including Arizona.
Former Republican Gov. Doug Ducey signed a law months before Roe was overturned that bans most abortions after 15 weeks of pregnancy.
Since taking office in January, Democratic Gov. Katie Hobbs has made protecting abortion access a centerpiece of her legislative agenda, signing an executive order in June to prevent the state from prosecuting people for obtaining an abortion or assisting someone in getting care. She has also expressed support for a voter-approved constitutional amendment affirming that Arizonans have a right to abortion care.
After filing the proposed amendment on Tuesday, Arizona for Abortion Access will have about 11 months—until July 3, 2024—to gather the required 383,923 signatures from residents in order to place the question on next year's ballot.
Chris Love, a senior adviser to PPAA, told The Washington Post that the coalition plans to get at least half a million signatures.
A 2022 poll by the Public Religion Research Institute showed that 62% of Arizonans believe abortion should be legal in most or all cases.
The coalition launched its initiative as voters in Ohio went to the polls in a special election that could be a deciding factor in whether the state's own proposed constitutional amendment guaranteeing reproductive freedom will pass in November.
In Tuesday's special election in Ohio, voters are being asked whether the threshold for passing a new constitutional amendment should be raised from a simple majority to 60% of voters. Just under 58% of Ohio residents support the proposed constitutional amendment being put to voters in November, meaning the rule being proposed on Tuesday's ballots could harm the chances of passing the abortion rights measure.
Republicans in the Arizona state Senate have also passed a constitutional amendment requiring a 60% supermajority for future amendments. If passed by the state House, the proposal could appear on ballots in 2024.
Arizona "has been ground zero of MAGA attacks on our rights and our democracy," said the national progressive advocacy group Indivisible, which pledged to mobilize its local chapters across the state to help gather signatures supporting Arizona for Abortion Access' efforts.
Last year following the overturning of Roe, voters in states including Kansas and Kentucky rejected proposed constitutional amendments that aimed to restrict abortion care, and voters in California, Vermont, and Michigan approved amendments to affirm the right to abortion.
Advocates in Arizona are predicting voters will do the same next year.
"The majority of Arizonans agree: People who can become pregnant deserve the freedom to decide for themselves when to become a parent or grow their families," said state Rep. Analise Ortiz (D-24). "Let's do this, Arizona."
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