Current Az Law re: Abortion:
Current state law prohibits a physician from performing an abortion if the probable gestational age of the unborn human being is more than 15 weeks, except when a pregnant woman's medical condition necessitates an immediate abortion to avert the pregnant woman's death or for which a delay creates a serious risk of substantial and irreversible impairment of a major bodily function.
Proposition 139: Arizona Abortion Access Act:
A CONSTITUTIONAL AMENDMENT
ARIZONA SECRETARY OF STATE AMENDING ARTICLE 1, CONSTITUTION OF ARIZONA, BY ADDING SECTION 8.1; RELATING TO THE FUNDAMENTAL RIGHT TO ABORTION
Sec. 3. Article II, Constitution of Arizona, is amended by adding Section 8.1, to read:
8.1. Fundamental right to abortion; definitions
A. Every individual has a fundamental right to abortion, and the state shall not enact, adopt or enforce any law, regulation, policy or practice that does any of the following:
1. Denies, restricts or interferes with that right before fetal viability unless justified by a compelling state interest that is achieved by the least restrictive means.
2. Denies, restricts or interferes with an abortion after fetal viability that, in the good faith judgment of a treating health care professional, is necessary to protect the life or physical or mental health of the pregnant individual.
3. Penalizes any individual or entity for aiding or assisting a pregnant individual in exercising the individual’s right to abortion as provided in this section.
B. For the purposes of this section:
1. “Compelling state interest” means a law, regulation, policy or practice that meets both of the following:
(a) Is enacted or adopted for the limited purpose of improving or maintaining the health of an individual seeking abortion care, consistent with accepted clinical standards of practice and evidence-based medicine.
(b) Does not infringe on that individual’s autonomous decision making.
2. “Fetal viability” means the point in pregnancy when, in the good faith judgment of a treating health care professional and based on the particular facts of the case, there is a significant likelihood of the fetus’s sustained survival outside the uterus without the application of extraordinary medical measures.
3. “State” means this state, any agency of this state or any political subdivision of this state. [9]
Analysis of Proposition 139:
A CONSTITUTIONAL AMENDMENT
ARIZONA SECRETARY OF STATE AMENDING ARTICLE 1, CONSTITUTION OF ARIZONA, BY ADDING SECTION 8.1; RELATING TO THE FUNDAMENTAL RIGHT TO ABORTION
Sec. 3. Article II, Constitution of Arizona, is amended by adding Section 8.1, to read:
8.1. Fundamental right to abortion; definitions
A. Every individual (NOTE: any age including minors without parental consent) has a fundamental right to abortion, and the state shall not enact, adopt or enforce any law, regulation, policy or practice (NOTE: no safety regulations included) that does any of the following:
1. Denies, restricts or interferes with that right before fetal viability unless justified by a compelling state interest that is achieved by the least restrictive means.
2. Denies, restricts or interferes with an abortion after fetal viability (NOTE: late term abortions after 5 months up to live birth) that, in the good faith judgment of a treating health care professional (NOTE: NOT medical doctor) , is necessary to protect the life or physical or mental health of the pregnant individual.
3. Penalizes any individual or entity for aiding or assisting a pregnant individual in exercising the individual’s right to abortion as provided in this section.
B. For the purposes of this section:
1. “Compelling state interest” means a law, regulation, policy or practice that meets both of the following:
(a) Is enacted or adopted for the limited purpose of improving or maintaining the health of an individual seeking abortion care, consistent with accepted clinical standards of practice and evidence-based medicine (NOTE: not defined).
(b) Does not infringe on that individual’s autonomous decision making.
2. “Fetal viability” means the point in pregnancy when, in the good faith judgment of a treating health care professional (NOTE: not a medical doctor) and based on the particular facts of the case, there is a significant likelihood of the fetus’s sustained survival outside the uterus without the application of extraordinary medical measures.
3. “State” means this state, any agency of this state or any political subdivision of this state. [9]
