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Abortion in Arizona is legal up to the point of fetal viability as a result of Arizona Proposition 139 being put into the Arizona state constitution. [ 1 ] [ 2 ] It is the southernmost continental state where abortion is broadly protected.
The Arizona Constitution is divided into a preamble and 30 articles, numbered 1–6, 6.1, 7–22, and 25–30, with articles 23 and 24 having been repealed. Article 30 is no longer in force due to being ruled illegal.
Once approved, the ballot measure added the following text to Article 2, Section 8.1, of the Arizona Constitution: [11] 8.1. Fundamental right to abortion; definitions A. Every individual has a fundamental right to abortion, and the state shall not enact, adopt, or enforce any law, regulation, policy, or practice that does any of the following: 1.
Abortions in Arizona are currently subject to a 15-week ban that Republican lawmakers passed in 2022 after the U.S. Supreme Court's decision that year to eliminate a nationwide right to abortion.
In a historic decision Tuesday, the Arizona Supreme Court ruled the state must adhere to a 160-year-old law barring all abortions except in cases when “it is necessary to save” a pregnant ...
Arizona was one of five states where voters approved ballot measures in the 2024 general election to add the right to an abortion to their state constitutions. Nevada voters also approved an amendment, but they'll need to pass it again in 2026 for it to take effect.
The 19th century law had been blocked in Arizona since 1973 with the U.S. Supreme Court’s decision in Roe v. Wade that guaranteed the constitutional right to an abortion nationwide.
A 2022 statute banning the procedure after 15 weeks of pregnancy then will become Arizona’s prevailing abortion law. Abortion rights advocates, led by Planned Parenthood Arizona, have filed a motion with the state Supreme Court to prevent the 1846 law from taking hold before the repeal does.