As a crucial battleground in the 2024 election, Arizona holds significant sway with its 11 electoral votes. Among the issues facing voters is the contentious Proposition 139, which proposes expanded abortion access up to the point of fetal viability, roughly nine weeks longer than the current 15-week limit.
Proposition 139: Expanding Abortion Access in Arizona
Proposition 139 aims to restore a more comprehensive right to abortion, aligning with the rights previously upheld by the U.S. Supreme Court before the 2022 ruling that overturned Roe v. Wade. If passed, the proposition would make it legal for Arizona residents to access abortion services up to around 24 weeks of pregnancy. Currently, Arizona law permits abortions only up to 15 weeks, with no exceptions for cases of rape or incest.
Proponents Advocate for Reproductive Rights
Supporters of Proposition 139 argue that expanding abortion access will help ensure the health and safety of women facing medical complications later in pregnancy. They argue that Arizona’s existing restrictions create dangerous situations, particularly when complications arise after the 15-week mark. According to Kaylan Fodor, political coordinator for Healthcare Rising Arizona, “People know this is a personal medical issue that should be left to patients and their doctors.”
The primary organization supporting Proposition 139, Arizona Abortion Access for All, has led a significant campaign to advance the proposition. With over $35 million raised, the group has focused its messaging on protecting doctors from the threat of criminal charges when providing necessary care.
Opponents Raise Concerns Over the Scope of Prop. 139
The opposition, led by the group “It Goes Too Far,” argues that Proposition 139 is an extreme measure that bypasses important checks on abortion services. Opponents maintain that it risks opening the door to inadequate oversight, as language in the proposition would allow various healthcare providers—not just doctors—to make critical decisions about abortion. Dr. Larissa Meyer, a family physician, cautioned that the proposition could allow decisions to be made by professionals without relevant expertise, including technicians or massage therapists.
The financial disparity between the groups is stark, with anti-abortion advocates raising about $1.4 million—significantly less than the supporters of Proposition 139. Cindy Dahlgren, a spokesperson for “It Goes Too Far,” emphasizes that despite this gap, they believe it takes only clear messaging to highlight what they see as the risks of the proposition.
Arizona’s Shifting Legal Landscape for Abortion
In 2022, Arizona implemented a “trigger” ban following the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, which returned the power to regulate abortion to individual states. That decision sparked intense debate and led to a temporary enforcement of a near-total ban from 1864, which carried penalties of up to five years in prison. However, the GOP-controlled state legislature repealed this pre-statehood ban in 2023, and current Governor Katie Hobbs signed the repeal.
Despite this, activists advocating for abortion rights pressed forward, gathering over 820,000 signatures to place Proposition 139 on the 2024 ballot. For supporters, this movement reflects a call for modernized policies in line with public sentiment; Pew Research Center reports that around 63% of Americans believe abortion should be legal in most cases.
What Passing Proposition 139 Would Mean for Arizona
Should Proposition 139 pass, it would effectively override Arizona’s existing 15-week restriction, restoring abortion access up to fetal viability. According to Paul Bender, a constitutional law professor at Arizona State University, this outcome would mean “any law restricting abortion before fetal viability is unconstitutional” in the state. This change would align Arizona’s law with the pre-Dobbs era, allowing women to access abortion based on the judgment of their healthcare providers.
Proponents emphasize that passing the measure would “return medical decisions to patients and their doctors.” Dr. Paul Isaacson, an OB-GYN, underscored the importance of medical autonomy, stating that no politician should control when or where a woman can access care. Supporters, like Arizona resident Pamela Hill, also highlighted the importance of the initiative, sharing her experience with pre-Roe restrictions to emphasize the risks of restricted access.
Implications of the Upcoming Vote
The upcoming vote on Proposition 139 signifies more than a decision on reproductive rights; it represents Arizona’s stance on the broader national debate about personal autonomy, medical freedom, and government intervention in healthcare. As one of ten states with abortion measures on the ballot, Arizona’s outcome could set a precedent that influences future elections and legislative actions.
In conclusion, Arizona voters face a pivotal decision on Proposition 139. The result will not only affect the state’s abortion laws but may also shape Arizona’s position on reproductive rights and the role of government in personal healthcare choices for years to come.