Arizona voters pass Proposition 139 to ensure abortion rights in state

PHOENIX — Arizona voters passed Proposition 139, which protects the right to an abortion in the state, during the 2024 election.

The Associated Press called the race early Wednesday morning after the first batch of returns Tuesday night showed a big advantage for the yes vote.

The citizen-led ballot initiative, which amends the Arizona Constitution, was leading 61.7%-38.3% with more than 2.1 million votes reported, according to the Arizona Secretary of State’s Office results page.

Supporters of Prop 139 said it was an issue of women’s reproductive rights, while opponents believed it went too far.

What does Proposition 139 do in Arizona?

The issue has been front and center in the state since Roe v. Wade was overturned two years ago.

In addition to essentially returning the state’s abortion law to what it was before the U.S. Supreme Court overruled the landmark 1973 decision, the measure limits the state’s ability to adopt or enforce future laws that might restrict access to the procedure.

The language in the initiative protects the protects the right to an abortion “before the point of fetal viability,” which is widely accepted to be in the vicinity of 23 to 24 weeks. The measure also allows for exceptions past the point of viability in order to protect the physical and mental health of the mother.

The current law allows abortions up to 15 weeks of pregnancy. It is the result of legislation passed this year to prevent near-total ban that originated in the Civil War era from going into effect.

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