​The 
ARIZONA ABORTION 
ACCESS ACT

The Arizona Abortion Access Act would amend the Arizona Constitution to establish a fundamental right to abortion and ensure that the State may not deny, restrict, or interfere with an individual’s right to make health care decisions regarding pregnancy. It would stop State interference in decisions related to pregnancy before the point in pregnancy when a health care provider determines that the fetus has a significant likelihood of survival outside the uterus.

​How is this different from the current statute? Under current Arizona law, doctors can perform abortions up to 15 weeks gestational age. However, the law is currently in flux as litigants have asked the Arizona Supreme Court to reinstate a near-total ban on abortions. Depending on how the Court resolves that case, abortion access could be significantly more limited than under the current 15-week law. Also, the law would not have an exception for rape or incest. In addition, it restricts treatment of issues during pregnancy that arise after the first trimester, such as a having a D and C following a miscarriage or a fetus that does not develop properly and cannot survive outside the womb, or the death of a fetus in the womb. (https://www.azag.gov/issues/reproductive-rights/laws)

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Why is this amendment important? Women will lose their right to make reproductive health care decisions in conjunction with a physician. Physicians and other medical professionals would be unable to discuss or perform abortion care options, even in cases of rape or incest. Women would be forced to travel to another state to seek reproductive care.

What is fetal viability? Fetal Viability is the point in pregnancy when, in the good faith judgment of a health care professional and based on the particular facts of the case, the fetus is unlikely to survive outside the uterus without the application of extraordinary medical intervention.

Can an individual get an abortion at full-term viability? NO. As noted, viability depends on the specifics of the individual situation and based on medical risks to the woman and or fetus, and whether a fetus has the capability of living outside the uterus. [Wolfe v. Isbell, 291 Ala. 327, 329 (Ala. 1973)]. It is important to note that according to the American College of Obstetrics and Gynecology, only 1% to 2% of abortions occur after 21 weeks.

Can anyone perform an abortion? NO. Under AZ law, only licensed physicians can perform surgical abortion. They can NOT be performed by a physician assistant, nurse practitioner, midwife, or others.

When do signatures have to be submitted? July 2024

How many signatures are needed for the new amendment to appear on the Arizona ballot? 390,000 validated signatures.

When will this proposed amendment appear on the AZ ballot? When the signature requirement is met, November 2024.

Some members of ITAA were interviewed by Carly Siegel, a (now) senior focusing on Journalism at the University of Arizona. Listen to her interview here.

Carly Siegel U of A