PHOENIX — 12News is dedicated to helping you stay informed this election season. On 12News at 4, journalist Troy Hayden sat down with proponents and opponents of Arizona Proposition 139, the "Right to Abortion Initiative."
Here's what you need to know about Prop 139 as you head to the polls.
What is Proposition 139, the "Right to Abortion Initiative"?
The sources 12News used to verify this information are:
- Ballotpedia
- Official Website of the Arizona Secretary of State
Proposition 139, known as the "Right to Abortion Initiative," would amend the state constitution in Arizona and establish that every person in Arizona has the "fundamental right to abortion." It would also establish that the state of Arizona is not allowed to interfere with that right to abortion before the point of "fetal viability," Ballotpedia explains.
"The point in the pregnancy when, in the good-faith judgment of a treating health care professional, the fetus has a significant likelihood of survival outside the uterus."
The ballot measure also states that the State will not be able to penalize any person, such as a doctor providing abortions, aiding or assisting pregnant individuals in exercising their right to an abortion, if the proposition is passed.
What happens if you vote "yes" on Prop. 139?
A "yes" vote means you are voting to create a fundamental right to abortion under Arizona's constitution, according to Arizona's Secretary of State.
What happens if you vote "no" on Prop. 139?
A "no" vote means you are voting not to create a fundamental right to an abortion under Arizona's constitution, according Arizona's Secretary of State.
This also means a "no" vote will leave in place the current laws that restrict abortions before fetal viability and will allow the State to further restrict or ban access to abortions in the future.
What is the current law regarding abortion?
Right now, people who wish to have an abortion can legally do so up to 15 weeks of pregnancy. This has been the law since April of 2024 when the Arizona Supreme Court upheld a law enacted originally in 1864 that prohibited abortion in most circumstances except to save the life of the pregnant person.
The law also orders individuals who provide, supply, or administer abortions or medicine, drugs or substances that induce miscarriages, unless it necessary to save the person's life, to be prosecuted, according to Ballotpedia.
Are any other states voting on similar propositions?
According to Ballotpedia, there are multiple states that have abortion-related measures on the 2024 ballot, including:
- Colorado
- Florida
- Maryland
- Missouri
- Montana
- Nebraska
- New York
- Nevada
- South Dakota
Hearing from opponents, proponents
12News journalist Troy Hayden sat down with two individuals who shared their thoughts on Prop. 139.
Cindy Dahlgren, communications director for the 'It Goes To Far Campaign'
The 'It Goes Too Far Campaign' is one of the largest opponents of Proposition 139 and is not authorized by any candidate. On the campaign's website, they say 90% of Arizona voters support limits on abortion at 15 weeks and earlier.
"Arizonans have different opinions on abortion, but we can all agree, this amendment goes too far," the campaign's website states.
Q&A with Cindy Dahlgren
Troy Hayden: "So again, working on our commitment to keep you informed with Decision 2024, we're taking a closer look at one of the highest profile propositions on our ballot, Prop. 139, which would put abortion rights into our state constitution.
We talked to a pro member just a short time ago and now we have Cindy Dahlgren.
Hello, Cindy. You do not want Prop 139 to pass. Why not?
Cindy Dahlgren: "Well, let's start with the fact that there is no ban, you know, contrary to what proponents are saying — there's no ban.
Abortion is legal here in Arizona up to 15 weeks. That's almost four months.
And then beyond that for any medical emergency, and that's a very broad exemption. Even Attorney General Kris Mays says that that covers those late term crisis, pregnancy complications that proponents were just talking about.
They're already covered under Arizona law. Also the miscarriage treatment — already covered under Arizona law. It's 36 21 51.
TH: "So you support the 15 week ban, or the 15 week law, that's on our books right now."
CD: "Well, we actually are, our organization is made up of a bunch of people from various views.
We have pro-life, pro-choice Democrats, Republicans, so we don't take a position, but we all agree that this amendment goes too far because it gets rid of a lot of the safety precautions that we have in place to protect girls and women who do get abortions.
TH: "Like what?"
CD: "Like the critical ultrasound. If a woman does not get an ultrasound before taking the abortion pill and she has an ectopic pregnancy, it could kill her. If she's further along than she should be in taking the pill, it could lead to very serious complications.
TH: "And you're saying that's a fundamental difference between what we have now the law on our books now and how this proposition is written?"
CD: "Yes, exactly. The ultrasound, even the attorneys for proponents said that the required ultrasound now would not stand under Prop. 139. And if a woman doesn't have an ultrasound after taking the abortion pill, she still has fetal remains in her uterus, it could kill her. We saw that in Georgia.
So, these are critical safety precautions. These are not just burdens like they call them and it's important that voters know that there is not a ban and that those miscarriage treatment is covered and... those late term abortions that are possibly necessary in case of those late term very sad situations where there are complications later in pregnancy.
And right now women are getting those that coverage and doctors are not afraid it's already protected under Arizona law. But they're telling voters the opposite of that and they're trying to manipulate voters and tell them that there's a ban when there's not.
And I think that's because they do not want to talk about the specifics of this."
TH: "I'm gonna stop you really quickly. I keep hearing that they're saying there's a ban, there's a ban and I've seen it on billboards and things, but specifically, I don't remember anybody ever saying abortion is banned in Arizona. I think most people know that abortion is not banned in Arizona."
CD: "Well, I don't know about that because when we've talked to people, they are a little confused on what it is because the TV commercials and the woman that was just here, she called it a ban.
They call it a ban to misrepresent it and manipulate voters into thinking they need Prop. 139 in order to get access to abortion and that's not true.
Whether you support abortion or not, it is legal in Arizona up to 15 weeks and then beyond that, for that broad exemption of medical emergency."
TH: "And I'm gonna ask you the same question I asked the last woman who was in here, if you have somebody who's undecided right now and they've got a week and a half to try to make it happen or voting right now. What would you say to them, quickly, in 30 seconds?"
CD: "I would say we are not choosing between abortion and no abortion. We're choosing between abortion up to 15 weeks, guaranteed to see a qualified medical doctor safety precautions in place, either that, or abortion throughout the pregnancy for virtually any reason. No doctor, no safety precautions. And it puts girls and women's health at risk."
Laura Dent, campaign manager for 'Arizona for Abortion Access/Yes on Prop. 139'
Arizona for Abortion Access is one of the leading proponents of Prop. 139 and is not authorized by any candidate or any candidate's agent according to the website.
"Arizonans deserve the freedom to make our own healthcare decisions," the website reads. "Voting YES on Prop. 139 ensures we get that."
Q&A with Laura Dent
Troy Hayden: "Keeping up on our commitment to keep you informed with Decision 2024, we've invited numerous candidates live into our studios to learn more about their policies and about them.
And today we're taking a closer look at one of the highest profile propositions on our ballot, and that's Prop 139, which at a basic level would put abortion rights into our state constitution and allow abortions up to fetal viability, or about 24 weeks of pregnancy.
So we have a spokesperson for the no on 139 effort coming up in just a few minutes. But we begin with Laura Dent now with Arizona for Abortion Access. Thanks for being here. I appreciate it."
Laura Dent: "Thank you for having me."
TH: "Tell us, first of all, why you think we need this law in our books."
LD: "Well, we need this law in our books because the United States Supreme Court two years ago, undercut Roe v. Wade essentially stripping away a right that Americans have enjoyed for 50 years in this country, and that is the right to and the freedom to make decisions about our own health care.
And so Arizona's got to organizing around this initiative as soon as that happened, and Prop. 139 is really about making sure that we, as everyday people, have the freedom to make those choices for ourselves without politicians and government interference."
TH: "Since that time when Roe v. Wade was overturned, we worked in the legislature and the governor did it as well, that we have an abortion allowed here in Arizona up to 15 weeks of pregnancy. Why is that inadequate in your view?"
LD: "Well, we've actually whiplashed all over the place. We first had Roe v. Wade fall at the federal level. Then we have the Arizona State Supreme Court institute a civil war era abortion ban. Then the legislature repealed that ban and replaced it with our current ban, which has no exceptions for survivors of rape or incest.
So Arizonans are overwhelmed. We experience whiplash around this issue and we really just need to codify this protection once and for all in our constitution. So we can protect that freedom that every Arizonan deserves."
TH: "A lot of opponents of this plan, they look at 24 weeks or close to six months of pregnancy and then even beyond, and say we're the safeguards when we talk about viability because it as written in the plan, if the life of the mother is involved or some other issues with the doctor, it can go beyond 24 weeks, correct?"
LD: "Proposition 139 is really about establishing the right to safe and legal abortion. I myself am six months pregnant and every time I walk into the clinic."
TH: "Congratulations, by the way."
LD: "Thank you so much."
TH: "Just dropped that on me right now."
LD: "Every time I go to the clinic to see my midwife, I'm optimistic, I'm excited, but there's a little bit of fear because pregnancy brings health risks and complications.
And what folks don't talk about is when there are some of these late term abortion experiences, it's in really tragic circumstances where folks want to have their child, want to bring their child into the world and unfortunately have issues and complications that don't make that a possibility.
So, the current ban restricts access to care for those women. I've met some incredible leaders on this campaign that have fled the state in order to get the abortion care and the health care that they need and have had to essentially get incredibly sick before they can get the health care that they need in Arizona.
So our current ban is failing us and that's why we need voters to support 139."
TH: "So from what I understand, it's fairly close with the polling here. What would you say to people who are on the fence, and so will have another week, week and a half or so, what would you say to them right now?"
LD: "I would say right now that our personal feelings about abortion are not what's at play here.
This is about the freedom for every individual to make their own decisions. And it doesn't mean that's how I feel. It doesn't mean that's how you feel. It's about respecting the fact that no politician is ever gonna understand our lives better than we do. And we will need to extend that freedom to every voter across the state and support 139."
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