Nearly two years after the U.S. Supreme Court overturned Roe v. Wade, state governments are left to navigate a complex landscape of abortion laws across the country. The absence of federal protections has led many states to impose severe restrictions or outright bans on abortion, often compelling individuals to travel considerable distances for care or to carry pregnancies to term.
Arizona is currently a focal point in the national debate over abortion rights. The state enforces a 15-week abortion ban, and in April 2024, the Arizona Supreme Court reinstated an 1864 near-total abortion ban. This ruling suggested potential criminal charges for doctors providing or assisting in abortions, causing widespread concern among providers and patients. In May, Governor Katie Hobbs signed legislation repealing the 1864 ban. Arizona voters may soon weigh in on a citizen-initiated ballot measure aimed at amending the state constitution to protect abortion until fetal viability—around 24 weeks gestation.
The proposed ballot measure is set for the November ballot after campaigners submitted signatures in early July. "Every abortion ban is extreme, harmful, and deprives pregnant people of their ability to make their own decisions about their bodies and private health care needs," stated one advocacy group.
Following the overturn of Roe v. Wade, then-Governor Doug Ducey signed a 15-week abortion ban with exceptions for medical emergencies in 2022. Critics argue that this timeline is arbitrary and not based on medical evidence but constructed by opponents of abortion rights to restrict access incrementally.
Research indicates that such bans disproportionately affect marginalized groups who face systemic barriers to obtaining an abortion. Exceptions and carve-outs within these bans obscure their overall impact on essential health care services.
Young people face heightened challenges due to these restrictions, which can disrupt educational and career plans if they are forced to carry unintended pregnancies. Adolescents are more likely than older women to obtain abortions later in pregnancy because they may take longer to recognize they are pregnant or find a provider.
Women over age 30 also face significant risks from such restrictions as they are more likely to experience pregnancy-related complications detectable only after the 15-week mark. Conditions like gestational diabetes and preeclampsia become more prevalent with age, further complicating pregnancies.
Arizona ranks ninth worst nationally in maternal mortality rates, which have quadrupled between 1999 and 2019. This increase was even higher among Black and Native American populations compared to white women.
Abortion restrictions create logistical hurdles that delay lifesaving care, forcing health care providers into difficult positions regarding patient safety and legal repercussions.
The overturning of Roe has led some healthcare professionals to leave states with strict abortion laws or reconsider their career paths due to potential criminalization risks associated with providing care under these laws.
Since the Dobbs v. Jackson Women’s Health decision in 2022, voters in several states have considered constitutional amendments related to abortion access, generally siding with protecting those rights. In November 2024, Arizona voters will decide whether to enshrine similar protections in their state constitution up until fetal viability.
Polls indicate broad support among Americans for access to early-stage abortions, reflecting public sentiment favoring extended guaranteed access up until 24 weeks—a shift from Arizona's current policy limiting it at 15 weeks.
