(The Center Square) – Voters have voted in favor of Prop. 139 with 62.63% support at 73% of precincts reporting on Tuesday night. The proposition will put a woman’s right to abortion in the Arizona Constitution.
The woman would have the right to abortion up until fetal viability and afterwards if it is determined by the woman’s healthcare provider to be necessary for the mental or physical health of the woman. Fetal viability is defined as when a fetus has a “significant likelihood” of surviving outside of the uterus.
“What we started in the fall of 2022, we finished tonight,” said Chris Love, spokesperson for YES on 139. “A fundamental right to abortion is part of the Arizona Constitution once and for all. Next time the nation wonders how much government interference in reproductive healthcare is acceptable, or what type of arbitrary abortion ban is popular, they can look at Arizona and know the answer is ‘none.’”
After Roe v. Wade was repealed, Arizona enacted a 15-week abortion ban, meaning that women are able to get an abortion until 15 weeks unless the woman’s life is in danger. Following this, the Arizona Supreme Court ruled that an 1864 territorial-era law, completely banning abortion unless the woman’s life is in danger with no exceptions for rape or incest, was the active law of the land. The law was repealed before it could be enacted.
Proponents for Prop. 139 have stressed the importance of enshrining abortion access in the Arizona constitution in order to avoid further attempts at restrictive abortion bans. Arizona for Abortion Access and women advocates have said that the current 15-week ban has already caused numerous issues for Arizonans who have needed an abortion for their health.
Arizonan Ashley Ortiz spoke in an Arizona for Abortion Access roundtable discussion about her pregnancy experience at 39-years-old. She had tried to get pregnant and was excited when she discovered she was pregnant with a son. However, during an appointment, she discovered that the pregnancy was no longer viable. She was devastated.
Normally, her doctor would have been able to perform a routine abortion, terminating the pregnancy with minimal risk. But, it was too late for that, not medically, but legally. Ortiz’s gestation was at 20 weeks, meaning that her OBGYN could not legally perform an abortion. She had to wait until her baby’s heart stopped beating or she went into sepsis.
Due to her untimely care, she had to have an emergency C-section.
Anthony Levatino, a former obstetrician and abortionist said he is concerned about the implications of Prop. 139. Levantino has performed over 1,000 abortions during his career and said that he is concerned that if Prop. 139 is enacted, women and young girls would be able to obtain an abortion pill without having to see a physician or go through the preliminary care currently required in Arizona.
“Today begins a dangerous era for girls and women and puts Arizona on par with California when it comes to unlimited and unrestrained abortion law,” reads a statement It Goes Too Far, an organization against Prop. 139. “The fight against extreme abortion laws will continue. Arizonans who know the harm of unfettered abortion will never stop telling the truth about abortion or working toward real healthcare for women and protections for the unborn.”
