Arizona Abortion Laws After Proposition 139

Arizona voters added a right to abortion to the state constitution in 2024, protecting care until fetal viability. Since then, state judges have struck down the 15-week ban, the 24-hour waiting period and the ban on telehealth abortion.

By Resist Now Published

Yes, abortion is legal in Arizona until fetal viability, the point when a fetus has a significant likelihood of surviving outside the uterus. After viability, it is legal when a treating health care professional judges, in good faith, that it is necessary to protect the patient’s life or physical or mental health. Those rules come from Proposition 139, which voters added to the state constitution in 2024 (Ballotpedia).

Key facts

  • Voters approved Proposition 139 on November 5, 2024 with 61.61% of the vote.
  • A state judge permanently blocked the 15-week ban on March 5, 2025 (Center for Reproductive Rights).
  • On February 6, 2026, a judge struck down the 24-hour waiting period, the telehealth ban and bans based on the patient’s reason (Center for Reproductive Rights).
  • Patients under 18 still need a parent’s consent or a judge’s approval (A.R.S. 36-2152).

Arizona’s rules changed fast after the U.S. Supreme Court ended federal protection in 2022. Our Dobbs decision guide explains that ruling.

Arizona Proposition 139

Proposition 139 made abortion a “fundamental right” in the Arizona Constitution. The state may not deny, restrict or interfere with that right before viability unless the rule is justified by a compelling state interest and is the least restrictive way to meet it. The amendment also bars the state from penalizing anyone who helps a patient get an abortion (Ballotpedia, text of the measure).

Arizona came close to an 1864 near-total ban the same year. The Arizona Supreme Court upheld that law 4-2 on April 9, 2024. The Legislature then voted to repeal it, 32-29 in the House on April 24, 2024 and 16-14 in the Senate on May 1, 2024 (Ballotpedia).

  1. 1864 ban upheld The Arizona Supreme Court rules the near-total ban can be enforced.
  2. Legislature repeals the 1864 ban The Senate passes the repeal 16-14, after the House.
  3. Voters approve Proposition 139 61.61% vote to protect abortion until viability.
  4. 15-week ban blocked A Maricopa County judge rules it violates the amendment.
  5. Waiting period and telehealth ban blocked A state judge strikes down the remaining restrictions challenged in court.

: Apr 2024: 1864 ban upheld (The Arizona Supreme Court rules the near-total ban can be enforced.). May 2024: Legislature repeals the 1864 ban (The Senate passes the repeal 16-14, after the House.). Nov 2024: Voters approve Proposition 139 (61.61% vote to protect abortion until viability.). Mar 2025: 15-week ban blocked (A Maricopa County judge rules it violates the amendment.). Feb 2026: Waiting period and telehealth ban blocked (A state judge strikes down the remaining restrictions challenged in court.).

April 2024: The Arizona Supreme Court ruled that the 1864 law could be enforced.

May 2024: The Legislature voted to repeal the 1864 law.

November 2024: Voters approved Proposition 139 by 754,085 votes.

March 2025: Judge Frank Moskowitz of the Maricopa County Superior Court permanently blocked the 15-week ban.

February 2026: Judge Gregory Como permanently blocked the waiting period, the telehealth ban and the reason bans.

Arizona Abortion Limits Struck Down

Two lawsuits brought Arizona’s older laws in line with the amendment. In each case the court looked at whether a law interfered with the right before viability.

Arizona abortion laws struck down under Proposition 139

LawWhat it didWhat happened
15-week ban (2022)Banned most abortions after 15 weeks of pregnancyThe attorney general agreed not to enforce it on December 3, 2024; permanently blocked March 5, 2025
24-hour wait and in-person visitRequired state information in person at least 24 hours before an abortionPermanently blocked February 6, 2026
Telehealth banBarred prescribing abortion pills by telemedicine or sending them by mailPermanently blocked February 6, 2026
Reason bansBarred abortion sought because of a fetal genetic diagnosis and other reasonsPermanently blocked February 6, 2026

Source: Center for Reproductive Rights case pages, Reuss v. Arizona and Isaacson v. Arizona; Ballotpedia

The state did not defend the laws in the second case, so legislative leaders stepped in to defend them. Judge Como wrote that the laws’ “universal suppression of medical judgment and choice” made them invalid in all circumstances (Center for Reproductive Rights). With the waiting period gone, a patient can get care in one visit, and a doctor can prescribe abortion pills by telehealth.

Arizona Abortion Rules Still in Place

Arizona still requires a parent’s consent for a patient under 18. The doctor must have written, notarized consent from one parent or guardian, or a superior court judge can authorize the abortion instead (A.R.S. 36-2152). That law was not part of either lawsuit.

Abortion in Arizona and Neighboring States

No state on Arizona’s border bans abortion, and Utah has the earliest limit, at 18 weeks.

Abortion limits in Arizona and neighboring states

StateLimit
ArizonaFetal viability
CaliforniaFetal viability
Nevada24 weeks
Utah18 weeks
ColoradoNo gestational limit
New MexicoNo gestational limit

Source: Resist Now abortion laws dataset, from KFF and state law

Our abortion laws by state page shows the limit and exceptions in every state.

Where Things Stand

Arizona abortion laws

As of October 3, 2026

  • Right to abortion (Ariz. Const. art. II, sec. 8.1) Law, Protected until fetal viability

    Added by Proposition 139, approved November 5, 2024 with 61.61% of the vote. After viability, allowed to protect the patient's life or physical or mental health. (source)

  • 15-week ban (S.B. 1164, 2022) Blocked by a court, Permanently blocked March 5, 2025

    A Maricopa County judge ruled it violates the 2024 amendment; the attorney general had already agreed not to enforce it. (source)

  • 24-hour wait, telehealth ban and reason bans Blocked by a court, Permanently blocked February 6, 2026

    A state judge ruled the laws violate the amendment. The state did not defend them; legislators did. (source)

  • Parental consent for minors (A.R.S. 36-2152) Law, Still on the books; not part of either lawsuit

    A patient under 18 needs one parent's notarized consent or a judge's approval. (source)

Source: Ballotpedia; Center for Reproductive Rights; Arizona Revised Statutes

Arizona Abortion Questions

Is abortion legal in Arizona?

Yes, until fetal viability. Proposition 139, approved November 5, 2024 with 61.61% of the vote, made abortion a fundamental right in the Arizona Constitution. After viability, it is legal when a treating health care professional judges it necessary to protect the patient’s life or physical or mental health.

Is the Arizona 15-week abortion ban still in effect?

No. A Maricopa County Superior Court judge permanently blocked it on March 5, 2025, ruling that it violates the 2024 amendment. The attorney general had agreed not to enforce it on December 3, 2024.

Does Arizona have a waiting period for abortion?

Not anymore. On February 6, 2026, a state judge permanently blocked the 24-hour waiting period and in-person visit, along with the ban on telehealth abortion and the bans based on a patient’s reason.

Do minors need parental consent for an abortion in Arizona?

Yes. A patient under 18 needs written, notarized consent from one parent or guardian, or a superior court judge’s authorization. That law was not part of the lawsuits brought under the 2024 amendment.

What You Can Do

  1. If you are pregnant and weighing your options, you no longer have to wait 24 hours or make a second trip in Arizona. Ask the clinic whether a telehealth visit is available.
  2. If you are under 18, you can ask a superior court judge to approve the abortion if you cannot get a parent’s consent.
  3. Ask your state legislators where they stand. Every seat is on the November 3 ballot. Find them with the Legislature’s district finder, and see our Arizona governor race guide.
  4. Compare other states on our abortion laws by state page.