Arizona enshrines abortion rights in state constitution

Abortion will be protected in Arizona until the point of fetal viability after voters approved a ballot amendment codifying those protections into the state constitution, according to a projection from Decision Desk HQ.

The amendment established that every individual has the fundamental right to abortion, and that the state of Arizona may not interfere before the point of fetal viability — the point at which a fetus can survive outside the womb, usually around 24 weeks.  

By passing the amendment, voters rejected the state’s current 15-week abortion ban, which was passed the GOP-controlled Legislature and signed by former Gov. Doug Ducey (R) after the Supreme Court overturned Roe v. Wade in 2022.  

Voters were also likely motivated by the state’s near-total abortion ban, which was reinstated by the state Supreme Court this past summer. It was narrowly repealed before it could take effect after a handful of Republican lawmakers crossed party lines, arguing the current 15-week law was more politically palatable and easier to defend to voters. 

Arizona was among 10 states that were voting on abortion amendments this year. It joins other red and purple states that added abortion protections in previous elections, including Ohio, Kansas, Kentucky and Michigan.   

Ahead of the election, polls showed the amendment enjoyed support among a majority of voters with some degree of bipartisanship. A New York Times/Siena College poll at the end of September found 58 percent of likely voters said they supported it, making the initiative more popular than either presidential candidate. 

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