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Arizona votes to enshrine abortion rights in state constitution

On a night when not much else went right for Democrats in Arizona, Proposition 139 offered one notable victory.
Image: Abortion protesters in Phoenix
Arizonans voted handily to enshrine abortion rights in the state constitution on Tuesday. Katya Schwenk
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A crowd cheered from the patio at Doughbird, a restaurant known for its rotisserie chicken and homemade pizza near Seventh Street and Bethany Home Road. They celebrated a hard-won victory: the enshrinement of abortion until fetal viability — around 24 weeks — in the Arizona Constitution.

Arizonans for Abortion Access, the group behind the abortion initiative also known as Proposition 139, put on the event, which was attended by concerned citizens, partner organizations and politicians alike. They'd hoped for a swift, positive result on election night. Their campaign had filed 800,000 signatures to the Arizona Secretary of State's Office in July — more than double the 398,923 necessary to make it to the ballot.

Dawn Penich, a campaign spokesperson, noted at the time that it was "the most signatures ever submitted by a citizens' initiative in Arizona history."

At press time, Proposition 139 had nearly 63% support with approximately 62% of Arizona precincts reporting. A little after 10 p.m., ABC News projected the measure would pass, settling the issue of abortion for good in a state roiled by it since the 2022 reversal of Roe v. Wade by the U.S. Supreme Court.

The amendment will now supersede a 15-week ban passed by state Republicans in 2022. Earlier this summer, that ban was briefly nullified by the Arizona Supreme Court, which reinstated an 1864 near-total abortion ban. Democrats and a few Republicans then scrambled to repeal that Civil War-era law.

"We worked for over a year to get to this very point to get abortion on the ballot. And tonight, abortion is winning," said Chris Love, an Arizonans for Abortion Access spokesperson. She said she has been "married to the campaign," working tirelessly the last two years to pass the measure.

In a later speech to party attendees, Love especially thanked women such as Blair Moses, who candidly told their very personal abortion stories to further the cause. Moses, who has two daughters, spoke of her experience canvassing for signatures, starting at her local library and finding real passion in her pursuit.

"I learned that people from all political parties support a woman's right to choose," Moses explained.

click to enlarge laura dent
Arizonans for Abortion Access campaign manager Laura Dent welcomed event attendees and said she hopes for a positive outcome. She and they got it, as Proposition 139 passed.
Natasha Yee

Abortion wins nationally

Indeed, protecting the right to abortion has drawn people to the polls in many places.

Arizona is one of 10 states
, including Florida, Missouri, South Dakota and Nevada, that voted on protecting or expanding abortion rights in the 2024 election, according to CNN. Those measures passed in many states — including Nevada, Missouri, Colorado and New York.

Florida secured 57% of votes to pass Amendment 4, which would have allowed the procedure through fetal viability. But the initiative required 60% support to pass, leaving its current six-week ban in place. South Dakota, where all abortions are banned, is also projected to reject Amendment G, which would have permitted abortion through fetal viability.

Several wins for reproductive autonomy were just about the only good election news for Democrats, both in Arizona and across the country. Despite campaigning on the issue, Democratic Vice President Kamala Harris is projected to lose the presidency to former President Donald Trump, who stacked the U.S. Supreme Court with justices who voted to overturn Roe.

But the the abortion win in Arizona did not help Harris locally. At press time, Trump was on track to flip the state red again after President Joe Biden won it in 2020.

click to enlarge a woman and two young children
Autumn Johnson poses with her daughters, Coral and Sage, at the Arizonans for Abortion Access election watch party. “I just want them to have the same rights I did,” Johnson said emotionally.
Natasha Yee

Fought and won

By the time the party at Doughbird was winding down, though, the national election picture had yet to fully coalesce. The night began hopeful and maintained its buzzy optimism as the hours passed, even as the presidential race proved a nail-biter.

"This has been the honor of a lifetime as someone that has benefited from abortion care and the mother of a young daughter," said Laura Dent, the campaign manager for Proposition 139.

Autumn Johnson paced around holding her young daughter Sage in a carrier while her 2-year-old, Coral, sat near the stage. Johnson hoped her two girls, who helped her make phone calls to urge Arizonans to vote yes on Proposition 139, would have the same rights she did, she said.

Eventually, as servers broke down the buffet station, not even a slice of pizza or handful or crispy Brussels sprouts remained. The party was over, but one thing was for sure: The fight to enshrine abortion through fetal viability in Arizona had been fought and won.

"You ain't gotta go home …" Love quipped on the microphone. The partygoers, drunk on light pink cocktails and an overarching feeling of victory, took the hint and slowly dispersed.