PHOENIX, Arizona, United States — This November, citizens of Arizona and Montana will vote to determine whether abortion rights should be included in their state constitutions.
The Arizona Supreme Court on Tuesday upheld the validity of a 200-word summary used by supporters to gather signatures, allowing the abortion-rights measure to appear on the ballot.
Similarly, on the same day, Montana Secretary of State Christi Jacobsen confirmed that Montana's abortion rights initiative would be placed on the November ballot.
Both proposed amendments would allow abortion up until the fetus is viable, usually around 24 weeks of pregnancy.
The Arizona proposal includes provisions for post-viability exceptions to protect the mother's life or her physical or mental health. In Montana, the measure allows post-viability abortions when necessary to protect the mother's health or life.
The move for these measures follows a 1999 Montana Supreme Court ruling that recognized the constitutional right to privacy as including the right to choose one's own abortion provider.
The move comes as several Republican-led states pass laws restricting abortion rights, with more than a dozen states set to vote on related measures this year following the 2022 U.S. Supreme Court decision that struck down federal abortion rights.
Martha Fuller, president and executive director of Planned Parenthood of Montana, stressed the urgency of the situation. “Since the overturning of Roe v. Wade, anti-abortion forces have relentlessly sought to limit our rights and outlaw abortion,” she said. “We are mobilizing to ensure this issue reaches the electorate.”
Meanwhile, the Arizona Supreme Court has been busy with related legal issues, including a controversial decision last week upholding Republican lawmakers. The court ruled that voter pamphlets could describe an embryo or fetus as a “non-acidic human being,” though that description would not be used in the actual pamphlets.
The court also considered a proposed law addressing local law enforcement powers near the Arizona-Mexico border, ruling that a ballot measure could proceed despite objections from Latino rights groups, who argued it violated the state constitution’s single-issue rule.
In another significant abortion-related case, Arizona Right to Life challenged the language of the abortion rights petition, arguing that it was misleading. The Supreme Court concluded that while opinions on the wording might vary, it was not their place to dictate legislative descriptions.
Susan Haugland of Arizona Right to Life expressed her determination to continue educational efforts on the ambiguities of the proposal.
In contrast, Arizona for Abortion Access hailed the court's decision as a significant victory, affirming its commitment to establishing a fundamental right to abortion in Arizona. “This vote will be historic, marking a pivotal moment in our state's legacy,” the group said.
The Arizona Secretary of State's office recently confirmed that supporters had collected 577,971 signatures, far exceeding the threshold required to qualify the initiative for the ballot.
As the U.S. Supreme Court’s overturning of Roe v. Wade becomes a central issue in this year’s elections, Democrats are placing a particular focus on defending abortion rights.