Arizona abortion providers sue over 15-week ban after voters pass constitutional amendment

Phoenix, Arizona - Arizona abortion providers are taking legal action to strike down the state's abortion ban after residents last month voted to enshrine reproductive health care access.

Members of Arizona for Abortion Access, the ballot initiative to enshrine abortion rights in the state constitution, rally for reproductive freedom in Phoenix.
Members of Arizona for Abortion Access, the ballot initiative to enshrine abortion rights in the state constitution, rally for reproductive freedom in Phoenix.  © Rebecca Noble / GETTY IMAGES NORTH AMERICA / Getty Images via AFP

The lawsuit, filed Tuesday in Maricopa County Superior Court, argues that Arizona's 15-week abortion ban violates a constitutional amendment passed in November via ballot initiative which guarantees the right to an abortion until fetal viability, usually around 24 weeks.

The amendment was certified and added to the state constitution on November 25.

The lawsuit – brought on behalf of Arizona Planned Parenthood and two physicians – is seeking to make the will of voters reality.

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"Arizona voters sent a clear message that pregnant people should have the right to make their own personal decisions about abortion and to control their bodies and their lives. But this ban denies people that fundamental right," Rebecca Chan, staff attorney with the ACLU Reproductive Freedom Project, said in a press release.

"We have gone to court to ask the court to strike down the law to vindicate the will of the people and ensure that people can get the care they need in their own community."

Arizona Attorney General Kris Mayes has agreed not to enforce the abortion ban as the lawsuit plays out in court.

Cover photo: Rebecca Noble / GETTY IMAGES NORTH AMERICA / Getty Images via AFP

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