Arizona Proposition 139 is a constitutional amendment that was approved by voters on November 5, 2024, establishing a right to abortion in the Constitution of Arizona until fetal viability.
Background
Arizona's first ban on abortion was passed in 1864.Dobbs v. Jackson Women's Health Org., No. 19-1392, slip op. at 112 (U.S. June 24, 2022). It read:
This total abortion ban was invalidated in 1973 by Roe v. Wade, which recognized a constitutional right to abortion up to fetal viability. A trigger law, drafted to go into effect if Roe were overturned, was passed by the Arizona Legislature in 2022, banning abortion after the 15th week of pregnancy. Later that year, the Supreme Court of the United States ruled in Dobbs v. Jackson Women's Health Organization that Roe had been "wrongly decided". This, in turn, led to confusion over which of the two Arizona abortion laws should go into effect: Then-Governor Doug Ducey backed the 15-week ban, while then-Attorney General Mark Brnovich held that the older total ban should be operative.
In November 2022, Katie Hobbs and Kris Mayes, both supporters of abortion rights, were elected as Governor and Attorney General of Arizona, respectively; their election was seen as part of the so-called Dobbs effect backlash against the ruling. The next month, a state appeals court ruling found that the 2022 law should take precedence, allowing abortions up to 15 weeks to be performed in Arizona. In July 2023, Hobbs issued an executive order stripping local prosecutors of their ability to file prosecutions over the 15-week ban or (if it were revived in court) the 1864 ban, and assigning that power to Mayes, who, in turn, stated that she had no intention of ever filing such prosecutions.
On April 9, 2024, the Republican-controlled Arizona Supreme Court ruled in Planned Parenthood Arizona v. Mayes that the 1864 law could be enforced. However, on May 1, in the face of further backlash, the Arizona Legislature repealed the 1864 law, leaving the 15-week ban in place. Following the passage of Proposition 139 within the state's constitution, Kris Mayes formally paused the 15-week ban in December 2024. In March 2025, the ban was permanently blocked in state court, restoring the legal situation before the repeal of Roe. Further court challenges to expand legal grounds for abortion within the state were filed in May 2025.
Content The official ballot title was as follows:
Once approved, the ballot measure added the following text to Article 2, Section 8.1, of the Arizona Constitution:
Endorsements
Polling
Poll source Date(s)administered Samplesize Marginof error For Against UndecidedNoble Predictive 28October 28–30, 2024775 (LV)± 3.5%57%33%9%CBS News/YouGovOctober 11–16, 20241,434 (RV)± 3.3%52%33%15%Arizona's Family/High GroundSeptember 26–29, 2024500 (LV)± 4.38%59%27%14%Fox NewsSeptember 20–24, 20241,021 (RV)± 3.0%72%26%2%New York Times/Siena CollegeSeptember 17–21, 2024713 (RV)± 4.4%58%35%7%Fox NewsAugust 23–26, 20241,014 (RV)± 3.0%73%23%4% KFF May 23 – June 5, 2024 3,192 (Female RV) ± 5%67% 32% 0% AARP May 28 – June 4, 2024 600 (LV) ± 4.0%59% 36% 5% CBS News/YouGov May 10–16, 2024 1510 (LV) ± 3.3%65% 21% 14%Noble Predictive InsightsMay 7–14, 20241,003 (RV)± 3.09%41%41%18%
See also 2022 Kansas abortion referendum 2022 California Proposition 1 2022 Michigan Proposal 3 2022 Vermont Proposal 5 November 2023 Ohio Issue 1 2024 Colorado Amendment 79 2024 Florida Amendment 4 2024 Maryland Question 1 2024 Missouri Amendment 3 2024 Montana Initiative 128 2024 Nebraska Initiative 439 2024 Nevada Question 6 2024 New York Proposal 1 2024 South Dakota Amendment G 2024 United States ballot measures
Notes
References
External links