A judge blocked Arizona abortion restrictions. But these 21 remain

Last March, Arizona’s 15-week abortion ban was officially blocked. In accordance with the state’s constitution, which now contains abortion protections after the passing of Proposition 139 in November 2024, a county judge ruled the old statute unconstitutional.

With Arizona’s 15-week ban permanently blocked nearly a year ago, that may have seemed like the end of the story. Everybody’s happy, right?

Wrong.

Arizona’s 15-week ban was far from the only abortion restriction that remained on the books after the passing of Prop. 139. But for any of them to go away, a court must deem them unconstitutional or the legislature must repeal them. In the past two sessions, the Arizona Legislature failed to advance any bills to repeal these now-outdated measures to the governor’s desk. Instead, the Republican-led legislature has pushed more anti-abortion restrictions, which Gov. Katie Hobbs has vetoed.

That leaves the courts.

Last May, a cohort of abortion advocacy groups and doctors — specifically, two doctors, the Center for Reproductive Rights and the American Civil Liberties Union Foundation — sued the state in Maricopa County Superior Court. Earlier this month, the judge ruled in favor of the plaintiffs to overturn three current abortion restrictions: the 24-hour waiting period, the genetic abnormalities ban and the telemedicine ban.

“These laws delay access to abortion and make it harder, if not impossible, for many people to get the care they need,” said Dr. William Richardson, a Tucson-based OB-GYN and a plaintiff in the case. “The laws we are challenging at this point are the ones that provide the biggest obstruction to patients accessing the care that they need.”

The decision rendered several Arizona statutes unconstitutional and permanently enjoined the state from implementing and enforcing them. The intervenors in the case — Arizona Senate President Warren Petersen and Arizona House Speaker Steve Montenegro, both Republicans — could appeal the ruling, but no appeals have been filed yet. Arizona Attorney General Kris Mayes declined to defend the laws on behalf of the state, so it’s extremely unlikely that the state will appeal.

“The state constitution, Arizona voters and the science are all on our side,” said Laura Bakst, an attorney for the Center for Reproductive Rights. ”We’re challenging laws that would make that right a reality for people on the ground. Still today, Arizona just has way too many barriers that are making it difficult and impossible for people to get the care that they need.” 

Still, nearly two-dozen anti-abortion laws are still in effect, and the fight to knock them down continues. Two days before the judge’s decision, three Arizona nurses, represented by the ACLU of Arizona, filed a lawsuit challenging the state’s ban on abortions being administered by advanced practice clinicians, nurse practitioners and certified nurse midwives. The lawsuit argues the law violates the state’s constitution and doesn’t improve patient safety, while limiting access to the number of abortion providers in the state.

Here’s a rundown of the 21 remaining abortion laws in Arizona.

Anti-abortion laws still on the books in Arizona

No public state money for abortion: Under ARS 36-195.02, Arizona’s State Health Plans can only cover abortion in cases when the life of the mother is at stake or when the mother has severely compromised health. Additionally, under ARS 26-196.05, Arizona cannot enter into a contract with a person that “performs non-federally qualified abortions,” which is basically any abortion.

Abortion cannot be covered by insurance: Under ARS 36-2907, abortion is not covered by insurance policies for public employees or by Medicaid. The only exception is when the life of the patient is at risk or the patient has “severely compromised health.” Additionally, insurance-covered family planning services do not include abortion or abortion counseling, according to ARS 36-2989.

Religiously-affiliated employers can exclude abortion from their covered health care because “providing or paying for coverage of the specific items or services is contrary to the religious beliefs of the religiously affiliated employer offering the plan,” according to ARS 20-2329. Such employers cannot exclude prescription contraceptives, however, but can require insured employees to pay first and then submit a “claim to the insurer along with evidence that the prescription is not for a purpose covered by the objection,” under ARS 20-1404.

Parental consent: For a minor to receive abortion care, they must have the consent of their parent under ARS 36-2152. Specifically, the physician must have received a “written and notarized consent from one of the minor’s parents or the minor’s guardian or conservator.”

If a minor wishes to receive an abortion without the consent of their parent, they can petition the court. After doing so, the court shall hold a hearing and then issue a ruling within 48 hours of the petition being filed. If a physician performs an abortion for a minor without a petition from the court or parental consent, they can be charged with a class 1 misdemeanor.

Fetal viability: A physician cannot provide an abortion of “a viable fetus” unless the procedure is “necessary to preserve the life or health of the woman,” under ARS 36-2301.01. This statute isn’t in conflict with the new constitutional amendment, which provides the fundamental right to an abortion up to viability. However, the statute also requires that the physician must state in writing the available methods and techniques considered and their reasoning behind the chosen method.

Death certificate: A hospital, abortion clinic, physician or midwife must submit a fetal death certificate to the state within seven days of “each fetal death occurring” after a “gestational period of 20 completed weeks or if the unborn child weighs more than 350 grams,” under ARS 36-329.

Born-alive measures: If an abortion is performed and “a human fetus or embryo is delivered alive” the physician must use all available means to “promote, preserve and maintain the life of such as fetus or embryo” under ARS 36-2322. The statute doesn’t technically interfere with the constitutional amendment, but it does legislate something that almost never occurs in the first place. Laws like this have been passed by GOP legislatures across the country — and by the U.S. Congress several times — mostly to incite emotions and seed doubt about abortion providers.

Partial-birth abortion: Under ARS 13-3603.01, if a physician performs a “partial-birth abortion” and “kills a human fetus” they can be found guilty of a class 6 felony and can be fined or imprisoned for up to two years — or both. Similar to the “born-alive” law, “partial-birth” abortion laws are meant to stir up fear around abortion and ban something that doesn’t happen.

Right to refuse participation: A physician or other hospital staff is not required to “facilitate or participate in the medical or surgical procedures that will result in the abortion” on “moral or religious grounds” under ARS 36-2154.

Research bans: Under ARS 36-2302, a “human fetus or embryo” resulting from an abortion cannot be used in a study or experiment. Additionally, ARS 35-196.94 outlines that state, federal or university money can’t be used toward research projects that involve “fetal remains from an abortion or human somatic cell nuclear transfer.”

Non-physician ban: Only physicians, not physician assistants or nurses, can perform abortions under ARS 36-2155. A physician assistant also cannot “prescribe, dispense or administer” medication intended to perform or induce an abortion under ARS 32-2532.

No payroll deductions for abortion organizations: Under ARS 38-612, no payroll salary deductions can be made for state officers or employees for making charitable financial contributions to an organization that performs an abortion or “maintains or operates a facility where an … abortion is performed.”

No abortions at Arizona Board of Regents facilities or universities: Under ARS 15-1630, abortions cannot be performed at facilities under the jurisdiction of the Arizona Board of Regents, such as state universities, unless to save the life of the patient. Further, ARS 15.115.01 specifically states that a facility run by or on the property of a public educational institution may not perform an abortion unless it’s to save the life of the patient.

No teaching about abortion in schools: No school district or charter school in Arizona may “endorse or provide financial or instructional program support” to any program that doesn’t present childbirth or adoption as the preferred option to abortion under ARS 15-115.

No abortion advertising: Under ARS 13-3605, a person who advertises any medicine or services for facilitating an abortion can be found guilty of a misdemeanor.

No abortions provided at medical clinics: Under ARS 48-2212, medical clinics cannot provide a medical or surgical abortion.

Anti-abortion laws blocked since Prop. 139

24-hour waiting period: Under ARS 36-2153, patients were required to wait 24 hours from their first appointment before receiving an abortion. At that first appointment, patients had to be provided with the name of the physician who is providing their care, the nature of the treatment, potential risks, alternative treatment options and the probable gestation age of the “unborn child,” according to the statute. Then the 24-hour waiting period would begin, taking up unnecessary time for the provider and patient.

On Feb. 2, Judge Gregory Como put a kibosh on that restrictive law. He ruled it unconstitutional and permanently enjoined Arizona from enforcing the law. 

Must provide “alternatives to abortion”: During that initial appointment, abortion providers were required to direct patients to a website that lists abortion alternatives, according to ARS 36-2158. Similarly, the Arizona Department of Health Services was required to post on its website a list of public and private agencies that assist with pregnancy or childbirth. That list could not include any agency that “refers, performs, induces, prescribes or provides any means for abortion.”

Como declared both statutes unconstitutional and permanently enjoined Arizona from enforcing them. 

Providers cannot use telehealth: Telehealth appointments skyrocketed during the COVID-19 pandemic, but abortion providers in Arizona could not use them under ARS 36-3604.  Now, they’ll be able to. Como declared the statute unconstitutional and permanently enjoined Arizona from enforcing the law. 

No mailing abortion pills: Under ARS 36-2160, an abortion-inducing drug – such as mifepristone and misoprostol – could only be provided by a qualified physician, and couldn’t be provided “via courier, delivery or mail service.” Como declared the statute unconstitutional.

Ultrasound requirement: Under ARS 36-2156, a patient was required to receive an ultrasound 24 hours before obtaining an abortion. The physician had to provide the patient with an opportunity to review the ultrasound image and hear the heartbeat, if available. The patient had to certify that they had the opportunity to review the ultrasound. Como declared the statute unconstitutional.

Ban on sex or race selection: Except in a medical emergency, an abortion could not be performed because of the race or sex of the fetus, under ARS 13-3603.02. A person who knowingly performs an abortion for this reason can be charged with a class 6 felony, which could result in four months to two years of prison time for a first offender. Como declared the statute unconstitutional.

Lots of clinic requirements: Under Arizona State Law, clinics were required to have adequate private space “specifically designed for interviewing, counseling and medical evaluations” and were required to meet the same licensure requirements as health care institutions. Physicians and medical directors at clinics were required to hold additional licenses, including hospital admitting privileges within 30 miles of the clinic. Appropriate emergency resuscitative and life support equipment and services were also required in case the patient or a “viable fetus” needed to go to the hospital.

Additionally, the physician was required to discuss with the patient “immune globulin” to be available 72 hours after the procedure. If the patient refused, the physician was required to get a record of that refusal. The physician was required to make a “good faith effort” to contact the patient within 24 hours after a surgical abortion.

Como declared this slate of statutes unconstitutional and permanently enjoined Arizona from enforcing the law.

Abortion reporting requirements: Under ARS 36-2161, facilities that perform abortions, such as a hospital or clinic, were required to submit a report to the Arizona Department of Health Services about each abortion performed and how informed consent was obtained. Another report is required to be filed if complications arise in the procedure. Como declared the statute unconstitutional.