Prop 139 - Abortion Access Act
BALLOT LANGUAGE
WHAT IT MEANS
Yes
No
ARGUMENTS FOR AND AGAINST
Yes
"The Arizona Abortion Access Act is a proposed Constitutional amendment filed with the Arizona Secretary of State on September 12, 2023.
It’s based on the very Arizona idea that people have a right to individual autonomy, including in our healthcare decisions, without unnecessary government interference.
The Act establishes a fundamental right to abortion.
Under that right, the state cannot limit access to abortion before fetal viability without establishing that the limitation (1) is solely to protect the health of the patient, (2) doesn’t infringe on their autonomous decision making, and (3) uses only the least restrictive means.
The Act protects access to abortion after fetal viability if a treating healthcare provider determines an abortion is needed to protect the life or physical or mental health of the patient, using accepted clinical standards and evidence-based medicine.
Lastly, the Act prevents the state from penalizing anyone who assists another person in exercising their right to abortion."
- Arizona For Abortion Access
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“Until voters have the opportunity to enshrine the right to abortion in the Arizona constitution, a 15-week ban and other restrictions will continue to burden patients and providers. 2024 has proven to be another difficult year for people who need abortion care and providers in Arizona. Already, the Arizona Supreme Court ruled that a pre-statehood, near-total abortion ban from 1864 is enforceable, but a temporary stay is in effect until a legislture-approved repeal takes place on September 14, 2024. Arizona voters understand that everyone deserves the freedom to make their own healthcare decisions, including when to start or grow their family. Now, more than ever, the opportunity to enshrine the right to abortion in our state’s constitution has never been more necessary.” - ACLU of Arizona
- “The League of Women Voters of Arizona strongly supports the Arizona for Abortion Access citizen initiative, which protects every individual’s fundamental right to an abortion. If the voters pass this proposition, women will have the right and freedom to make their own healthcare decisions, including reproductive choices. If this proposition is not passed, the government will continue interfering with these rights by passing laws overriding a person’s inherent right to make personal decisions. Government should have no say in personal decisions in an individual’s decisions about pregnancy and abortion. Laws that restrict, dictate, or challenge the freedom to make choices that are best for that person’s individual situation is overreaching and putting women’s lives at risk. If passed, this proposition will protect current and future generations of women from political decisions that are not in their best interests or those of their families by allowing everyone to follow their personal beliefs.” - Pinny Sheoran, President, League of Women Voters of Arizona
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“Ensuring access to comprehensive sexual and reproductive health services is a cornerstone of public health. This proposition aims to safeguard these services, allowing individuals to make informed decisions about their bodies. Access to contraception, abortion services, and sexual health education are critical for reducing health disparities and promoting overall well-being. Supporting this measure is essential for protecting individual health rights and improving public health outcomes.” - Arizona Public Health Association
- “As health care professionals across Arizona, we support the Arizona Abortion Access Act, the amendment to restore reproductive freedoms in the state and put families back in charge of medical decisions. This amendment simply restores the rights Arizonans had for the past 50 years, before Roe v. Wade was overturned. That means Arizonans will again have the freedom to make their own decisions about pregnancy and abortion, without politicians interfering.” - Committee to Protect Health Care
No
“This Abortion Amendment:
Makes critical safeguards impossible to enforce – including our current commonsense safety precautions to protect girls and women from complications such as a perforated uterus or bowel, sepsis, infertility, and hemorrhaging. Read it and you will see it states no regulation can “infringe on an individual’s [abortion] decision.” Not even safety standards.
Takes the doctor out of the doctor-patient relationship by removing the required medical doctor. If you read the amendment for yourself, you won’t even find the term “doctor” or “physician.”
Legalizes late-term abortion beyond viability under a broad exemption known for decades to rubber stamp late term abortion for virtually any reason. If you look up the U.S. Supreme Court opinion in Doe v Bolton, you’ll see for yourself how broad the health exemption is.
Protects sex abusers by stating “no law can penalize any individual who aids or assists” someone getting an abortion. This means sex abusers who force their victims to get abortions to hide their crimes cannot be held accountable for the cover up. And the girl’s parents would never know because it also removes the parental consent requirement
Shuts out moms and dads when their minor daughter needs them most by removing the parental consent requirement.
Is out of step with Arizona voters. Arizonans have different opinions on abortion, but we can all agree this amendment goes too far. In fact, a new poll shows 90% of voters DO agree that abortion should be limited to 15 weeks or earlier. Abortion is legal now in Arizona up to 15 weeks and beyond in certain circumstances like medical emergencies."
- It Goes Too Far
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“The AAAA is not for Arizona. Should the late-term abortion bill be legalized, its vague language puts girls and women at risk. The protections for abusers and traffickers prevent parents and victims from seeking true justice. Further, the harm to future generations created by allowing minors to get abortions, without parental consent, is unthinkable.” -Arizona Right to Life
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“If passed, this initiative threatens to enshrine a constitutional right to virtually unrestricted abortion in Arizona. What makes a constitutional amendment especially grave is that our own Arizona legislators could lose the ability to regulate abortion in any meaningful way, leaving us with the potential for what would likely become nearly unrestricted abortion. Arizona law currently allows for abortions up until 15 weeks of pregnancy. Proposition 139, however, would go far beyond even this current law. The proposed amendment, among other things, would likely remove most safeguards for girls and women that are currently in place at abortion clinics, permit a minor to obtain an abortion without parental involvement or permission, and allow for painful late-term abortions of viable pre-born children.” - Catholic Bishops of Arizona
- “This proposition removes safety standards for vulnerable girls and women. A medical doctor will no longer be required to perform an abortion under this constitutional amendment. The language would sideline parents by overriding current state law that ensures parental involvement in a decision when a minor needs her parents most. Prop 139 allows for dangerous abortions that harm the mother and child. At six weeks gestation, a preborn child has a detectable heartbeat. At twelve weeks, that preborn child can wiggle his or her toes. At fifteen weeks, that preborn child can feel pain. At twenty-four weeks, that preborn child is viable outside of the womb. Prop 139 would legalize late-term abortion for practically any reason, as long as the abortionist, who has financial incentive, gives approval.” - Heritage Action for America
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"Governor Hobbs and her pro-abortion allies will pour millions into deceiving the voters about the upcoming amendment that permits abortion on demand when babies can feel pain and survive outside the womb. We must defeat this extreme measure that would force Arizonans to pay for abortions and eliminate health protections for women." - Marjorie Dannenfelser, President, Susan B. Anthony Pro-Life America
ENDORSEMENTS
Yes
FINANCIAL BACKING
The following information provides insight into the money being spent to pass or defeat the ballot measure.
Yes
Committees formed to SUPPORT Arizona Proposition 139, Right to Abortion Initiative (2024):
Selected Contributions TO: Arizona For Abortion Access committee include:
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Arizonans Fed Up with Failing Health
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The Fairness Project
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Planned Parenthood Action Fund
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American Civil Liberties Union, Inc.
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Sixteen Thirty Fund
- Advocacy Action Fund, Inc.
No
Committees formed to OPPOSE
Arizona Proposition 139, Right to Abortion Initiative (2024):
Selected Contributions TO: It Goes Too Far committee include:
- David Lambert
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John Connelly
- Jonathan & Laureen Mount
- Paavo & Marguerite Ensio
- Richard & Connie Luebke
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Center For Arizona
Policy Action