Arizonans enshrined the fundamental right to abortion in the state constitution when we overwhelmingly voted to pass Proposition 139, the Arizona Abortion Access Act, in November 2024. Simply put, the constitutional amendment affirms that people have a right to individual autonomy, including in our healthcare decisions, without unnecessary government interference.
The constitutional amendment:
- Establishes a fundamental right to abortion.
- Prohibits the state from limiting access to abortion before fetal viability unless the state can prove that the limitation is justified by a compelling state interest and that it's achieved by the least restrictive means.
- Protects access to abortion after fetal viability if the healthcare provider determines an abortion is needed to protect the life or physical or mental health of the patient.
- Prevents the state from penalizing anyone who assists another person in exercising their right to abortion.
Until Prop. 139 was passed, Arizona patients and providers were grappling with a dangerous web of restrictions on abortion, including a ban on care after 15 weeks of pregnancy. Since the devastating Dobbs v. Jackson Women’s Health decision that overturned Roe v. Wade in 2022, a total abortion ban from 1865 was one bad court ruling away from going into effect – something that happened in September 2022 and again in April 2024 before additional actions were taken to restore access.
The passage of the Abortion Access Act set forth the framework for advocates and providers to challenge harmful laws in court and ask judges to block those that don’t meet the new constitutional standard. Here’s what we’ve accomplished to date.
Legal Milestones
Repealed the 15-week Abortion Ban
Within days of the Abortion Access Act going into effect, Arizona abortion providers filed a lawsuit challenging the state’s 15-week abortion ban. A Maricopa County Superior Court Judge ruled to restore access to abortion as defined by the constitutional amendment and block the ban in March 2025.
Blocked Regulatory Barriers to Abortion
Shortly after that ruling, we filed an additional lawsuit asking the court to block burdensome regulatory, civil, and criminal laws created by the state legislature to make it harder for people to access abortion and target providers who offer this form of healthcare.
Earlier this year, the court struck down laws that:
- Forced providers to relay, and patients to receive, biased and inaccurate information about abortion when seeking care.
- Forced patients to make at least two separate trips to a provider and then wait at least 24 hours between those appointments before obtaining care.
- Banned abortion as an option for patients with fetal diagnoses, forcing doctors to turn their patients away if they even suspect someone’s reason for seeking care is due to a fetal condition.
- Prohibited the use of telemedicine for medication abortion, despite ample evidence that this is a safe and effective form of care.
These medically unnecessary restrictions have long made it harder, if not impossible, for people to get abortion care in the state. The recent court decision to block these laws has laid the groundwork to expand access and improve patient care.
Pending Case: Restoring Advanced Practice Clinicians’ Ability to Provide Abortion
In February, a group of Arizona advanced practice nurses filed a lawsuit challenging the state’s ban on the provision of abortion by trained advanced practice clinicians (APCs) such as nurse practitioners and certified nurse midwives.
Several laws passed between 2009 and 2011 severely limited the pool of available abortion providers in the state. Arizona already has a shortage of physicians, particularly in rural and tribal areas, and many Arizonans see APCs as their primary or reproductive health care provider. When these patients face an unwanted pregnancy or a pregnancy complication, many of them must travel long distances to seek abortion care from a new provider. APCs provide abortion in many other states, and clinical studies and experience show that they do so just as safely as their physician peers.
Pending in Maricopa County Superior Court, we will continue to make the case for allowing advanced practice clinicians to provide safe, essential abortion care to the communities they already serve.
Abortion Access in Arizona Today
Know Your Rights
What do these lawsuits and court decisions mean for people who need abortion care? Here's what you need to know:
- You have the right to access abortion in the state of Arizona. The state cannot limit your access to abortion before fetal viability, which is usually around 24 weeks of pregnancy, depending on the health of the pregnant person and the fetus.
- You have the right to access abortion after fetal viability if your treating healthcare provider determines an abortion is needed to protect your life or your physical or mental health.
- You can get an abortion on the same day as your initial appointment in consultation with your provider.
- You can have an abortion for any reason. You can keep your reason for having an abortion private if you choose, but disclosing your reason to a provider will not prevent them from providing care.
- You have the right to obtain abortion medication by mail. Contact providers directly to learn about your available options.
- You have the right to support someone else who is exercising their right to access abortion without facing legal consequences. For example, that could mean sharing resources about how to access care, providing financial assistance, or giving them a ride to their appointment.
- If you are under the age of 18: you have the right to access abortion with consent from at least one parent or legal guardian, or through a process called judicial bypass (learn more at azcourts.gov). In certain cases, if the pregnancy was the result of incest or rape by someone who lives in the home, a minor can get an abortion without parental consent or judicial bypass.
- You have the right to schedule a remote or telehealth visit with a provider. Contact providers directly to learn about your available options.
This information is not intended as legal advice. Consult with an attorney if you have specific questions about your situation.
Abortion Providers
Arizona’s abortion providers have weathered years of challenges, resulting in limited options, even though the right to access care is enshrined in the state constitution. Below is a list of verified providers to consider if you or someone you know is seeking abortion care.
- Camelback Family Planning – Phoenix, AZ
- Choices Women's Center – Tucson, AZ
- Desert Star Family Planning – Phoenix, AZ
- Family Planning Associates – Phoenix, AZ
- Planned Parenthood Health Centers – Tempe, Glendale, Tucson, Flagstaff, and neighboring states
- A Woman's Clinic (formerly Acacia Women's Center) – Phoenix, AZ
- Ineedana.com and abortionfinder.org – search for other options in neighboring states or pills by mail
Be aware that there are nonprofit organizations that appear to be reproductive health clinics but do not provide medical care, often known as “crisis pregnancy centers” or “pregnancy resource centers.” Some have been known to offer inaccurate or biased information about abortion. Use the links above or a database like ineedana.com or abortionfinder.org to find a verified abortion provider near you.
Abortion Funds
Federal restrictions and remaining state laws prevent Medicaid, ACCCHS, and insurance for public employees from covering abortion. Abortion funds exist to bridge the gap and help people in financial need obtain care.
- National Abortion Hotline
- Abortion Fund of Arizona
- CAN: Choices Abortion Network (Tucson Only)
- Indigenous Women Rising (Native and Indigenous people only)
- TASC: Tucson Abortion Support Collective (Tucson Only)
The future of Abortion Access in Arizona
Nearly two years after the passage of the Abortion Access Act, providers and advocates are still untangling the harmful web of restrictions created by decades of government interference. Despite recent victories, lawmakers continue to consider legislation that would upend constitutional protections and have taken steps to appeal the most recent legal victory that is making abortion more accessible today.
Even with major wins secured, it will take all of us to hold elected officials accountable and ensure they advance – not hinder – Arizonans’ abortion rights. The ACLU of Arizona will continue to defend Arizonans’ right to abortion at the legislature, in the courts, and alongside our community to ensure the promise of Prop. 139 is fully realized.
