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"We are deeply disappointed in this ruling, but will not be deterred from doing everything in our power to communicate to voters the truth of the Arizona Abortion Access Act," said the campaign behind the ballot measure.
While celebrating that Arizona voters will get to weigh in on an abortion rights ballot measure this November, reproductive rights advocates on Wednesday blasted a state Supreme Court ruling about language in a related informational pamphlet.
Overturning a decision from the Maricopa County Superior Court, the Arizona Supreme Court ruled that Republican legislators' use of "unborn human being" to refer to a fetus in the pamphlet "substantially complies" with the state's impartiality requirements.
"The Arizona Supreme Court today reversed the trial court's well-reasoned ruling and held that the phrase 'unborn human being'—a watchword for anti-abortion advocates with no basis in medicine or science—is somehow impartial or objective," the Arizona for Abortion Access campaign said in a statement.
"This means that Arizona voters won't get to learn about the questions on their ballot in a fair, neutral, and accurate way but will instead be subjected to biased, politically charged words developed not by experts but by anti-abortion special interests to manipulate voters and spread misinformation," the campaign continued.
"We are deeply disappointed in this ruling," the campaign added, "but will not be deterred from doing everything in our power to communicate to voters the truth of the Arizona Abortion Access Act and why it's critical to vote YES to restore and protect access to abortion care this fall."
The Arizona Abortion Access Act is a proposed state constitutional amendment that would prohibit many restrictions on abortions before fetal viability and safeguard access to care after viability to protect the life or health of the patient. The office of Arizona's secretary of state formally certified the proposed ballot measure on Monday.
The campaign to get the measure on the ballot garnered national attention earlier this year, when the Arizona Supreme Court upheld an 1864 abortion ban that includes no exceptions for pregnancies resulting from rape or incest. Although Democratic Arizona Gov. Katie Hobbs signed legislation to repeal the ban less than a month later, reproductive rights advocates have continued to emphasize the importance of passing the amendment.
Arizona is one of several states where reproductive freedom measures are—or soon could be—on the ballot in November. Rights advocates have increasingly pushed and succeeded in passing such measures since the U.S. Supreme Court's right-wing supermajority reversedRoe v. Wade two years ago, which set off a fresh wave of GOP efforts to enact state abortion bans.
The battle over the Arizona pamphlet is connected to a broad push by the anti-choice movement to ultimately end abortion care by recognizing fetuses and embryos as people with legal protections and rights.
This strategy has even influenced the latest Republican Party platform, which says that "we believe that the 14th Amendment to the Constitution of the United States guarantees that no person can be denied life or liberty without due process, and that the states are, therefore, free to pass laws protecting those rights."
The platform was finalized last month, shortly before the Republican nominee, former President Donald Trump, announced U.S. Sen. JD Vance (R-Ohio) as his running mate—a decision that further stoked fears of what a GOP victory in November would mean for abortion rights at the federal level.
Trump and Vance are set to face Democratic Vice President Kamala Harris and Minnesota Gov. Tim Walz, who have strong support from reproductive rights groups. Planned Parenthood Action Fund president Alexis McGill Johnson recently declared that they "are the only people we can trust to ensure that everyone has the freedom to make decisions about their own bodies."
"Now, in November, it is time for Arizonans to take the next step and vote yes on this important initiative," said one campaigner.
Reproductive rights advocates in Arizona celebrated a key victory late Monday after the state formally certified their proposed ballot measure, which aims to establish "a fundamental right to abortion" in Arizona's constitution.
The office of Arizona's secretary of state said it verified 577,971 signatures in support of placing the proposed constitutional amendment on the November ballot. That's well above the required 383,923 signatures, and organizers said the total number of verified signatures surpassed the state record for ballot initiatives—an indication that the effort has generated widespread enthusiasm amid right-wing attacks on reproductive rights across the country.
"Today marks an important and exciting turning point toward ensuring the human right to abortion for Arizonans," said Karla Gonzales Garcia, gender, sexuality, and identity director with Amnesty International USA, part of the Arizona for Abortion Access coalition.
"The outpouring of support for bringing this ballot initiative to the people for a vote clearly shows that the human right to abortion is an important issue for Arizonans. Now, in November, it is time for Arizonans to take the next step and vote yes on this important initiative," she added. "Since the fall of Roe v. Wade, we're facing a human rights crisis in this country when it comes to abortion access. Too many people still cannot access healthcare, including abortions, they need. While the lasting solutions to ensure abortion access must be national in scope and go beyond restoring Roe, Arizonans have the powerful opportunity to constitutionally protect access to abortion in their state."
Under current Arizona law, abortion is banned after 15 weeks of pregnancy and—according to the Guttmacher Institute—patients are forced to jump through a number of hoops to receive care, such as getting an ultrasound even if it's medically unnecessary and making at least two in-person trips.
Proposition 139, the Arizona for Abortion Access Act, would establish "a fundamental right to abortion under Arizona's constitution" and bar the state from interfering "with this fundamental right before fetal viability unless it has a compelling reason and does so in the least restrictive way possible."
The initial victory for Proposition 139 organizers comes months after Arizona's Democratic governor signed legislation repealing a draconian abortion ban dating back to 1864. The Arizona Supreme Court ruled a month earlier that the law was enforceable after the U.S. Supreme Court overturnedRoe v. Wade in the summer of 2022.
Arizona's 15-week abortion ban, signed into law by former Republican Gov. Doug Ducey, is now in effect—but voters in the battleground state will have a chance to effectively repeal the ban in November.
Cheryl Bruce, campaign manager for Arizona for Abortion Access, said in a statement Monday that the official certification of the ballot measure "is a huge win."
Arizonans, she said, "will now get to vote yes on restoring and protecting the right to access abortion care, free from political interference, once and for all."
Arizona is one of a number of states where abortion rights will be on the ballot in November. Since the U.S. Supreme Court's decision overturning Roe, abortion rights have won every time they've been put directly to voters, a winning streak that has intensified right-wing efforts to derail ballot initiatives.
In Arkansas, campaigners are suing the state's top election official for moving to disqualify a proposed abortion rights ballot initiative for what they say were obvious political reasons.
Arkansas is one of 17 U.S. states where abortion is completely banned with extremely limited exceptions.
"The enthusiasm we've seen from Arizona voters for this constitutional amendment is unprecedented, and we're ready to stand with them through Election Day and restore the reproductive freedom they deserve."
Campaigners on Wednesday turned in 823,685 signatures—more than double the 383,923 required—to the Arizona secretary of state's office to get a proposed state constitutional amendment protecting abortion rights on the November ballot.
"What we're turning in is a show of strength of the campaign, but also strength of the issue of protecting abortion," said Chris Love, a spokesperson for Arizona for Abortion Access. "And I'm confident that we will obviously appear on the ballot, but more importantly, I'm confident that we'll win in November."
County election officials and Democratic Arizona Secretary of State Adrian Fontes will now work on reviewing the signatures and formally certifying the ballot measure by late next month.
Arizona for Abortion Access campaign manager Cheryl Bruce declared that "this is the most signatures ever gathered for a ballot measure in Arizona history, which is a testament to the broad support among Arizona voters for restoring and protecting abortion access in Arizona."
"An astonishing signature collection effort from volunteers, organizers, advocates, patients, and providers in Arizona has made this moment possible."
The Arizona Republicreported that "the secretary of state does not keep data that would easily confirm the number of signatures is the most in state history," but "the number far outpaces that of popular petition campaigns in recent years."
Fontes' office does publish voter registration data. As of April, there were 4,058,320 registered voters—meaning more than 1 in 5 signed their names in support of the abortion rights campaign, which is backed by groups including the ACLU of Arizona, the Fairness Project, Planned Parenthood Advocates of Arizona, and Reproductive Freedom for All Arizona.
"An astonishing signature collection effort from volunteers, organizers, advocates, patients, and providers in Arizona has made this moment possible, and we're thrilled to be part of it," said Fairness Project executive director Kelly Hall in a statement.
"While extreme politicians in Phoenix have allowed a 15-week abortion ban to block patients from getting the care they need, the Arizona for Abortion Access campaign has worked tirelessly to let voters have a say in their own healthcare decisions," she continued. "The enthusiasm we've seen from Arizona voters for this constitutional amendment is unprecedented, and we're ready to stand with them through Election Day and restore the reproductive freedom they deserve."
The effort to pass the Arizona Abortion Access Act began last summer—before a nationally watched legal battle earlier this year: The Arizona Supreme Court upheld an 1864 abortion ban that included no exceptions for rape or incest, then the Arizona Legislature passed and Democratic Gov. Katie Hobbs signed a bill to repeal it.
Still, in addition to banning abortion after 15 weeks, Arizona has rules that make it harder to get care. The proposed amendment would affirm a fundamental right to abortion until fetal viability and limit state restrictions. It would also protect access to care after viability if a healthcare provider determines ending a pregnancy is needed for the patient's life or health.
Reproductive freedom has been a key issue at all levels of American politics since the U.S. Supreme Court's right-wing supermajority reversedRoe v. Wade with their Dobbs v. Jackson Women's Health Organization ruling two years ago, which bolstered GOP efforts to attack access to abortion care—along with birth control.
It remains a top issue going into the November election. Along with choosing which party controls the White House and Congress, voters in several states are set to weigh in on ballot measures designed to protect reproductive rights. The Associated Presspublished a graphic showing the states where such measures are on the ballot pending:
"Supporters of an Arkansas proposal to scale back the state's abortion ban face a Friday deadline to submit petitions to qualify for the November ballot," according to the AP. "The group behind the measure, Arkansans for Limited Government, said on Facebook and Instagram on Tuesday that it still needed 8,200 signatures out of the 90,704 required."