Arizona Democrats Celebrate Prop 139 Abortion Win

In one of the state’s most polarizing decisions, Arizona voters approved Proposition 139 on November 5, enshrining abortion rights into the state constitution. While supporters, including Democratic leaders Governor Katie Hobbs and Attorney General Kris Mayes, lauded the measure as a victory for reproductive freedom, Republican critics and advocacy groups have condemned the proposition as overreaching and legally murky.

Governor Hobbs celebrated the outcome, saying, “The passing of Proposition 139 speaks to the broad support—across the entire state, across all political parties, and across voters of all different backgrounds—for reproductive freedom.”

Legislative Democrats joined @GovernorHobbs and reproductive freedom advocates to celebrate the certification of Prop 139. Abortion rights are now enshrined in Arizona’s state constitution. #azleg pic.twitter.com/TvwOOnSUqB

— Arizona Senate Democrats (@AZSenateDems) November 25, 2024

AG Mayes echoed the sentiment, claiming the vote reflected Arizona’s values. “Voters have spoken loudly and clearly in support of protecting a woman’s right to make decisions about her own body without government interference,” Mayes remarked.

Honored to be present at today's signing ceremony for Proposition 139. Voters have spoken loudly and clearly in support of protecting a woman’s right to make decisions about her own body without government interference. That is a cause for celebration. pic.twitter.com/G5wrYTAb5b

— AZ Attorney General Kris Mayes (@AZAGMayes) November 25, 2024

However, Republican leaders were quick to push back. State Representative John Gillette (R-30), posting on X, wrote, “$50 million spent on the AZ Prop 139. The voters were told lie after lie about AZ abortion law. The facts stand. Abortion to 15 weeks was the law in AZ.   There will be no attempt at a federal ban by the Trump admin… that was all lies.”

$ 50 million spent on the AZ Prop 139. The voters were told lie after lie about AZ abortion law. The facts stand. Abortion to 15 weeks was the law in AZ. There will be no attempt at a federal ban by the Trump admin.. that was all lies. https://t.co/3VT3rBb5Rg

— Rep. John Gillette AZ House LD30 (@AzRepGillette) November 8, 2024

Critics argue that the proposition’s broad language will lead to significant legal battles, particularly over existing laws that impose restrictions on abortion. These include parental consent requirements for minors seeking abortions.

Cathi Herrod, President of the Center for Arizona Policy, expressed deep concern over Governor Katie Hobbs’ celebration of Proposition 139’s passage, posting: “It is not a time to celebrate. It is a time to mourn the legal taking of unborn children’s lives and the resulting harm to their mothers.” She warned that imminent lawsuits would reveal the proposition’s underlying intent: “to overturn up to forty of Arizona’s common sense safety standards.” Herrod emphasized the organization’s unwavering commitment to protecting women and unborn children, vowing, “We will fight tirelessly to defend these critical, lifesaving measures.”

As Arizona moves forward under the new constitutional amendment, legal experts predict a surge of lawsuits to clarify its implications. Opponents are already preparing challenges to determine how the amendment intersects existing laws, such as mandatory pre-abortion ultrasounds and parental consent.

Attorney General Mayes admitted that questions remain. “Its potential effects on existing laws, including parental consent requirements, are not yet clear,” she said.

Republican lawmakers believe the ambiguity was intentional, arguing that the proposition’s vague language was a feature, not a bug.

An advocacy group, It Goes Too Far, highlighted that the new rule allows “fetal viability” to be subjectively determined by a healthcare provider, who “doesn’t even have to be a doctor.” It further notes that the prop allows viability based on “particular facts of the case;” terminology they argue is “impossible to regulate and ripe for any legal argument in favor of abortion long after the fetus can survive outside the womb.”

Citing data from the Guttmacher Institute, the group points out that “more than 10,000 late-term abortions—after 20 weeks—occur every year in the U.S.,” with most not being medically necessary. They also reference a study by the Charlotte Lozier Institute, stating, “Most late-term abortions are elective, done on healthy women with healthy fetuses.”

The group also criticizes the amendment for omitting the terms “doctor” or “physician,” instead using “treating healthcare professional.” They express concern that, according to Arizona statute 32-3201, this term encompasses approximately 25 professions, including chiropractors, podiatrists, and massage therapists. They warn that this “opens the door to a wide range of people providing abortions or the abortion pill, or signing off on late-term abortions.”

This is a developing story.