Arizona Proposition 139, Right to Abortion Initiative (2024)

Arizona Proposition 139
Election date November 5, 2024
Topic Abortion
Status a Approved
Type Constitutional amendment	Origin Citizens

Arizona Proposition 139, the Right to Abortion Initiative, was on the ballot in Arizona as an initiated constitutional amendment on November 5, 2024. The ballot measure was approved.

A "yes" vote supported amending the state constitution to provide for the fundamental right to abortion, among other provisions.

A "no" vote opposed amending the state constitution to provide for the fundamental right to an abortion.

Election results

See also: Results for abortion-related ballot measures, 2024

Arizona Proposition 139
Result		Votes	Percentage
Yes		2,000,287	61.61%
No		1,246,202	38.39%

Results are officially certified.

Source

Overview

What did this amendment do?

See also: Constitutional changes

This measure amended the Arizona Constitution to establish that every individual has the fundamental right to abortion that the state of Arizona may not interfere with before the point of fetal viability. Fetal viability is defined in the measure as the point of pregnancy when there is a significant chance of the survival of the fetus outside of the uterus without the application of extraordinary medical measures. The measure also provides for the right to an abortion after fetal viability if it is done to protect the life, physical, or mental health of the pregnant individual, in the judgment of a treating health care professional. The measure also prohibits laws that penalize individuals for aiding or assisting a person exercising the right to an abortion.

This right cannot be interfered with unless justified by a compelling state interest. In the measure, a compelling state interest is defined as a law or regulation enacted for the limited purpose of improving or maintaining the health of the individual seeking abortion care that does not infringe on that individual's autonomous decision-making.

What was the status of abortion in Arizona?

See also: Status of abortion in Arizona

As of 2024, abortion was legal for up to 15 weeks of pregnancy in Arizona. On April 9, 2024, the Arizona Supreme Court, in a 4-2 decision, upheld a law enacted in 1864 prohibiting abortion in most circumstances except to save the life of the mother. The law ordered prosecution for "a person who provides, supplies or administers to a pregnant woman, or procures such woman to take any medicine, drugs or substance, or uses or employs any instrument or other means whatever, with intent thereby to procure the miscarriage of such woman, unless it is necessary to save her life." The Arizona State Legislature never repealed the law, and the Court ruled it became enforceable following the U.S. Supreme Court's decision in Dobbs v. Jackson Women’s Health Organization. The Arizona Supreme Court stayed enforcement of the abortion ban for 14 days to allow legal challenges to the ruling. On April 24, 2024, the Arizona House of Representatives passed House Bill 2677 by 32-29, which would repeal the 1864 abortion ban. The Arizona State Senate voted 16-14 to pass the repeal on May 1, 2024. In Arizona, a repeal can only take effect 90 days after the adjournment of the state legislature. On May 13, the Arizona Supreme Court granted a motion to stay the enforcement of the 1864 law until August 12, 2024. On June 15, 2024, the Arizona State Legislature adjourned, meaning that the bill repealing the ban would become effective before the court order that would have reviewed the law.

What states have decided on abortion ballot measures in 2022 and 2023?

See also: History of abortion ballot measures

In June 2022, the U.S. Supreme Court ruled in Dobbs. v. Jackson Women's Health Organization that there is no federal constitutional right to abortion and overturned Roe. v. Wade, placing many abortion policy decisions with the states. From 2022 to 2023, seven ballot measures addressing abortion have been on the ballot, with 2022 having the highest number of abortion ballot measures on record in a single year. Four measures—in Vermont, Michigan, and California in 2022, and Ohio in 2023— were sponsored by campaigns that described themselves as pro-choice and created state constitutional rights to abortion. All four measures were approved. Three measures—in Kansas, Kentucky, and Montana— were sponsored by campaigns describing themselves as pro-life and were designed to explicitly provide that there is no right to abortion in the state constitution. All three were defeated.

What states voted on abortion ballot measures in 2024?

See also: 2023 and 2024 abortion-related ballot measures

The following table provides a list of abortion-related measures that were on the ballot in 2024:

State	Date	Measure	Description	Outcome
Arizona	Nov. 5, 2024	Right to Abortion Initiative	• Establishes the fundamental right to abortion that the state of Arizona may not interfere with before the point of fetal viability	a
Colorado	Nov. 5, 2024	Right to Abortion Initiative	• Provide a constitutional right to abortion in the state constitution and allow the use of public funds for abortion	a
Florida	Nov. 5, 2024	Florida Amendment 4	• Provide a constitutional right to abortion before viability or when necessary to protect the patient's health, as determined by the patient's healthcare provider	d
Maryland	Nov. 5, 2024	Right to Reproductive Freedom Amendment	• Amend the Maryland Constitution to establish a right to reproductive freedom, defined to include "decisions to prevent, continue, or end one's own pregnancy"	a
Missouri	Nov. 5, 2024	Right to Reproductive Freedom Amendment	• Amend the Missouri Constitution to provide the right for reproductive freedom, and provide that the state legislature may enact laws that regulate abortion after fetal viability	a
Montana	Nov. 5, 2024	CI-128, Right to Abortion Initiative	• Amend the Montana Constitution to provide a state constitutional "right to make and carry out decisions about one’s own pregnancy, including the right to abortion"	a
Nebraska	Nov. 5, 2024	Prohibit Abortions After the First Trimester Amendment	• Amend the Nebraska Constitution to provide that "unborn children shall be protected from abortion in the second and third trimesters"	a
Nebraska	Nov. 5, 2024	Right to Abortion Initiative	• Amend the Nebraska Constitution to provide that "all persons shall have a fundamental right to abortion until fetal viability"	d
New York	Nov. 5, 2024	Equal Protection of Law Amendment	• Add language to the New York Bill of Rights to provide that people cannot be denied rights based on their "ethnicity, national origin, age, and disability" or "sex, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy."	a
Nevada	Nov. 5, 2024	Right to Abortion Initiative	• Establish the constitutional right to an abortion, providing for the state to regulate abortion after fetal viability, except where medically indicated to protect the life, physical health, or mental health of the pregnant woman.	a
South Dakota	Nov. 5, 2024	Constitutional Amendment G	• Provide a trimester framework for regulating abortion in the South Dakota Constitution	d

Aftermath

On March 5, 2025, Judge Frank Moskowitz of the Maricopa County Superior Court issued a ruling in a lawsuit that claimed the state's 15-week abortion ban was unconstitutional. He ruled that it was unconstitutional, due to the implementation of Proposition 139. He said, "(The state of Arizona), its respective agents, officers, employees, successors, and all persons acting in concert with each or any of them are hereby immediately and permanently and forever enjoined and restrained from implementing, enforcing, or giving any effect to (the 2022 law)."

Reproductive Freedom for All released a statement after the ruling. It stated, "Today’s ruling is a win for Arizonans and our democracy. It is proof of the power voters have when we organize and mobilize to protect our rights. Arizonans resoundingly voted to pass Prop 139 to enshrine reproductive freedom in the state constitution, and politicians have no place overruling the will of the people."

Referencing the lawsuit, Cathi Herrod, President of Center for Arizona Policy, stated, "Our commitment remains what it had always been: protect both the woman and her unborn child."

Text of measure

Ballot title

The official ballot title was as follows:

“

PROPOSITION 139 PROPOSED BY INITIATIVE PETITION RELATING TO THE FUNDAMENTAL RIGHT TO AN ABORTION. Official Title AMENDING ARTICLE II, CONSTITUTION OF ARIZONA, BY ADDING SECTION 8.1; RELATING TO THE FUNDAMENTAL RIGHT TO AN ABORTION. Descriptive Title CREATES A FUNDAMENTAL RIGHT TO ABORTION. LIMITS THE STATE’S ABILITY TO INTERFERE WITH THAT RIGHT BEFORE FETAL VIABILITY. AFTER FETAL VIABILITY, ABORTIONS ARE ALLOWED WHEN NECESSARY TO PROTECT THE LIFE OR HEALTH OF THE PREGNANT INDIVIDUAL. PROHIBITS LAWS PENALIZING A PERSON FOR ASSISTING AN INDIVIDUAL OBTAINING AN ABORTION.

”

Ballot summary

The official ballot summary was as follows:

“

A "yes" vote shall have the effect of creating a fundamental right to abortion under Arizona’s constitution. The State will not be able to interfere with this fundamental right before fetal viability, unless it has a compelling reason and does so in the least restrictive way possible. Fetal viability means 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. Throughout the pregnancy, both before and after fetal viability, the State will not be able to interfere with the good-faith judgment of a treating health care professional that an abortion is necessary to protect the life or health of the pregnant individual. The State will not be able to penalize any person for aiding or assisting a pregnant individual in exercising the right to an abortion. A "no" vote shall have the effect of not creating a fundamental right to have an abortion under Arizona’s constitution, will leave in place current laws that restrict abortion before fetal viability, and will allow the State to further restrict or ban abortion in the future.

”

Constitutional changes

See also: Arizona Constitution

The ballot measure added Article 2, Section 8.1 to the Arizona Constitution. The following underlined text was added and struck-through text was deleted:

Note: Hover over the text and scroll to see the full text.

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.

Readability score

See also: Ballot measure readability scores, 2024

Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The attorney general wrote the ballot language for this measure.

The FKGL for the ballot title is grade level 13, and the FRE is 15. The word count for the ballot title is 82.

The FKGL for the ballot summary is grade level 17, and the FRE is 30. The word count for the ballot summary is 191.

Support

Arizona for Abortion Access was leading the campaign in support of the initiative.

Supporters

Officials

• Vice Pres. Kamala D. Harris (D)
• Gov. Katie Hobbs (D)
• State Sen. Jacky Rosen (D)
• State Rep. Athena Salman (D)
• Tucson Mayor Regina Romero (D)

Political Parties

• Arizona Working Families Party

Organizations

• Indivisible Project
• ACLU of Arizona
• American Association of University Women
• Amnesty International
• Arizona Public Health Association
• Healthcare Rising Arizona
• Human Rights Campaign
• League of Women Voters of Arizona
• Living United for Change Arizona
• National Council of Jewish Women Arizona
• Open Society Foundation
• Opportunity Arizona
• Our Voice Our Vote
• Planned Parenthood Advocates of Arizona
• Reproductive Freedom For All
• The Fairness Project
• Think Big America
• VetsForward
• YWCA Southern Arizona

Arguments

• Gov. Katie Hobbs (D): "To the people across Arizona who are concerned about the future of abortion rights in our state, who are worried about their bodily autonomy, who don’t want to see the freedoms of their wives, sisters and daughters restricted, you can make your two cents known at the ballot box, and I encourage you to do so."
• Committee to Protect Healthcare: "As health care professionals across Arizona, we support the Arizona Abortion Access Act, the amendment to restore reproductive freedoms in the state and put families back in charge of medical decisions. This amendment simply restores the rights Arizonans had for the past 50 years, before Roe v. Wade was overturned. That means Arizonans will again have the freedom to make their own decisions about pregnancy and abortion, without politicians interfering."
• Paul Bender, constitutional law professor at Arizona State University: “It essentially revives the right of abortion in Arizona as it was before the overturning of Roe versus Wade. If this passes, any law restricting abortion before fetal viability is unconstitutional.”
• Our Voice Our Vote: "Prop 139 is about restoring access to safe and legal abortion and putting the power back where it belongs: in the hands of women, not politicians. A majority of Arizona voters support a woman’s right to decide. Join all of us in protecting our freedoms from a few politicians."
• Dr. Paul Isaacson, Arizona OB-GYN: "These extremists falsely claim that the initiative will remove safety precautions and allow anybody to perform an abortion. They falsely claim it will allow for “abortion up until birth.” These lies are just that—lies. As an abortion provider, I can say with confidence that Proposition 139 won’t remove evidence-based safety and health standards, nor will it change the requirement that abortion be provided by qualified, licensed medical professionals. And there is absolutely, absolutely, no such thing as “abortion until the moment of birth.” These are lies that not only deceive voters but put women in danger because the reality is; arbitrary partisan bans are what harm women’s health, not laws that put healthcare decisions where they belong: in the hands of patients and their healthcare team."

Opposition

It Goes too Far was leading the campaign opposing the initiative.

Opponents

Organizations

• Arizona Catholic Conference Bishops
• Arizona Right to Life
• Moms for America
• Priests for Life
• Progressive Anti-Abortion Uprising
• Secular Pro-Life
• Students for Life Action
• Susan B. Anthony Pro-Life America

Arguments

• Cindy Dahlgren, spokeswoman for It Goes Too Far: "Unfortunately, most voters are not told that under this unregulated, unlimited abortion amendment they will lose the required medical doctor, critical and commonsense safety standards for girls and women seeking abortion, and moms and dads will be shut out of their minor daughter’s abortion decision, leaving her to go through the painful and scary process alone. Abortion is legal in Arizona up to 15-weeks and we have common sense safety precautions to protect girls and women. It’s reckless to lose those safety precautions just to expand abortion beyond what most voters support."
• Marjorie Dannenfelser, president of Susan B. Anthony Pro-Life America: "Governor Hobbs and her pro-abortion allies will pour millions into deceiving the voters about the upcoming amendment that permits abortion on demand when babies can feel pain and survive outside the womb. We must defeat this extreme measure that would force Arizonans to pay for abortions and eliminate health protections for women."
• Julia Payne Koon, legal counsel with Alliance Defending Freedom: "Conspicuously absent from this standard is any requirement that interference with abortion be 'undue.' Instead, the language of the ballot measure seems to suggest that even minor interference with the abortion right triggers the highest legal scrutiny—even if the law in question doesn’t prevent a single Arizona woman from having an abortion. In practice, this standard—if enacted—could not only call into question Arizona’s 15-week law, but all of Arizona’s laws governing abortion, no matter how sensible. For instance, Arizona requires that only physicians may perform surgical abortions and that women receive specific informed consent information at least 24 hours before an abortion. Those laws could be challenged as too restrictive under the amendment."
• It Goes Too Far: "The amendment language legalizes late-term abortion beyond viability, but 90% of Arizonans support limits on abortion at 15 weeks or earlier. It prevents Arizonans from requesting that safety standards be passed or enforced – even if those safety standards protect girls and women from complications such as perforated uterus or bowel, sepsis, infertility, and hemorrhaging. It opens the door to force taxpayers to fund abortions, even non-residents. It endangers current law allowing healthcare professionals to opt out of performing or participating in abortions due to their consciences."
• Arizona Catholic Conference Bishops: "If passed, this initiative threatens to enshrine a constitutional right to virtually unrestricted abortion in Arizona. What makes a constitutional amendment especially grave is that our own Arizona legislators could lose the ability to regulate abortion in any meaningful way, leaving us with the potential for what would likely become nearly unrestricted abortion. Arizona law currently allows for abortions up until 15 weeks of pregnancy. Proposition 139, however, would go far beyond even this current law. The proposed amendment, among other things, would likely remove most safeguards for girls and women that are currently in place at abortion clinics, permit a minor to obtain an abortion without parental involvement or permission, and allow for painful late-term abortions of viable pre-born children."

Campaign finance

See also: Campaign finance requirements for Arizona ballot measures

The campaign finance information on this page reflects the most recent scheduled reports that Ballotpedia has processed, which covered through December 31, 2024.

Arizona for Abortion Access registered as a political action committee (PAC) to support the ballot measure.

It Goes Too Far registered to oppose the ballot measure.

	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Support	$33,637,450.09	$2,403,829.90	$36,041,279.99	$33,637,045.95	$36,040,875.85
Oppose	$1,296,998.82	$60,981.85	$1,357,980.67	$1,133,749.41	$1,194,731.26
Total	$34,934,448.91	$2,464,811.75	$37,399,260.66	$34,770,795.36	$37,235,607.11

Support

The following table includes contribution and expenditure totals for the committees in support of the measure.

Committees in support of Proposition 139
Committee	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Arizona for Abortion Access	$33,637,450.09	$2,403,829.90	$36,041,279.99	$33,637,045.95	$36,040,875.85
Total	$33,637,450.09	$2,403,829.90	$36,041,279.99	$33,637,045.95	$36,040,875.85

Donors

The following were the top donors to the committee.

Donor	Cash Contributions	In-Kind Contributions	Total Contributions
Arizonans Fed Up With Failing Health	$5,000,000.00	$0.00	$5,000,000.00
The Fairness Project	$3,560,000.00	$1,194,833.11	$4,754,833.11
Advocacy Action Fund Inc.	$3,250,000.00	$0.00	$3,250,000.00
Planned Parenthood Action Fund	$3,000,000.00	$21,270.02	$3,021,270.02
Strategic Victory Fund	$2,000,000.00	$0.00	$2,000,000.00

Opposition

The following table includes contribution and expenditure totals for the committees in opposition to the initiative.

Committees in opposition to Proposition 139
Committee	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
It Goes Too Far	$1,296,998.82	$60,981.85	$1,357,980.67	$1,133,749.41	$1,194,731.26
Total	$1,296,998.82	$60,981.85	$1,357,980.67	$1,133,749.41	$1,194,731.26

Donors

The following were the top donors to the committee.

Donor	Cash Contributions	In-Kind Contributions	Total Contributions
David Lambert	$142,000.00	$0.00	$142,000.00
John Connelly	$100,000.00	$0.00	$100,000.00
DC London	$0.00	$65,000.00	$65,000.00
Center for Arizona Policy Action	$0.00	$55,036.90	$55,036.90
Jonathan Mount	$35,000.00	$0.00	$35,000.00
Laureen Mount	$35,000.00	$0.00	$35,000.00

Polls

See also: 2024 ballot measure polls

Are you aware of a poll on this ballot measure that should be included below? You can share ballot measure polls, along with source links, with us at editor@ballotpedia.org.

Arizona Right to Abortion Initiative (2024)
Poll	Dates	Sample size	Margin of error	Support	Oppose	Undecided

Noble Predictive Insights	10/28/24-10/30/24	755 LV	± 3.5%	57%	33%	7%
	Question: "There is a ballot initiative for the 2024 general election ballot called "The Arizona Abortion Access Act” or Prop 139. This initiative would amend the state's constitution to create a fundamental right to abortion and limit the state's ability to interfere with that right before fetal viability. After viability, abortions would be allowed when necessary to protect the life or health of the mother. If the election were held today, would you vote yes or no on this amendment?"

New York Times/Siena College	9/17/24-9/21/24	713 RV	± 4.4%	58%	35%	7%
	Question: "If the 2024 election were held today, would you vote yes or no on Arizona Proposition 139, a constitutional amendment that would provide a fundamental right to abortion up until fetal viability, or about the 24th week of pregnancy?"

USA Today/Suffolk University	9/21/24-9/24/24	500 LV	± 4.8%	58%	32%	9%
	Question: "Proposition 139, the Right to Abortion Initiative, is on the ballot in Arizona as an initiated constitutional amendment. A “yes” vote supports amending the state constitution to provide for the fundamental right to abortion that the state of Arizona may not interfere with before the point of fetal viability. A “no” vote opposes amending the state constitution to provide for the fundamental right to an abortion. At this point, will you vote yes or no on Proposition 139?"

SSRS/CNN	8/23/24-8/29/24	682 RV	± 4.8%	62%	35%	2%
	Question: "In the upcoming election, Arizona voters will consider Proposition 139, which would amend the state constitution to create a fundamental right to abortion. If the election were held today, would you be more likely to vote:"

Fox News	8/23/24-8/26/24	1014 RV	± 3%	73%	23%	4%
	Question: "How would you vote on the proposed state constitutional amendment that would establish the right to an abortion up until fetal viability or when necessary to protect the patient's health?"

KFF	5/23/24-6/5/24	3102 female RV	± 5%	67%	32%	0%
	Question: "As you may know, the Arizona Right to Abortion Initiative is a ballot initiative that would establish a fundamental right to abortion that the state may not interfere with before the point of fetal viability, typically around 23 to 25 weeks of pregnancy. Do you support or oppose the Arizona Right to Abortion Initiative?"

CBS News/YouGov	5/10/24-5/16/24	1510 LV	± 3.3%	65%	21%	14%
	Question: "In the election were held today, and there was an amendment on the ballot to establish the constitutional right to an abortion in Arizona, would you vote:"

Noble Predictive Insights	5/7/24-5/14/24	1003 RV	± 3.09%	41%	41%	18%
	Question: "In 2024, there may be a ballot measure that establishes the fundamental right to an abortion within the point of fetal viability (between 24 and 28 weeks). Would you support or oppose this measure?"

Note: LV is likely voters, RV is registered voters, and EV is eligible voters.

Background

Status of abortion in Arizona

On April 9, 2024, the Arizona Supreme Court upheld an 1864 law in a 4-2 ruling prohibiting abortion in most circumstances except to save the life of the mother. The law, enacted before Arizona was a state, ordered prosecution for "a person who provides, supplies or administers to a pregnant woman, or procures such woman to take any medicine, drugs or substance, or uses or employs any instrument or other means whatever, with intent thereby to procure the miscarriage of such woman, unless it is necessary to save her life.” The legislature never repealed the law, and the Court ruled it became enforceable following the U.S. Supreme Court's decision in Dobbs v. Jackson Women’s Health Organization. The Arizona Supreme Court stayed enforcement of the abortion ban for 14 days to allow legal challenges to the ruling.

On April 24, 2024, the Arizona House of Representatives passed House Bill 2677 by 32-29, which would repeal the 1864 abortion ban. Twenty nine (29) Democrats and 3 Republicans voted for the repeal, and 28 Republicans voted against the repeal. The Arizona State Senate voted 16-14 to pass the repeal on May 1, 2024. In Arizona, a repeal can only take effect 90 days after the adjournment of the state legislature. On May 13, the Arizona Supreme Court granted a motion to stay the enforcement of the 1864 law until August 12, 2024.

U.S. Supreme Court rulings on abortion

Dobbs v. Jackson Women’s Health Organization (2022)

See also: Dobbs v. Jackson Women’s Health Organization

In 2018, Jackson Women’s Health Organization, a clinic and abortion facility in Mississippi, challenged the constitutionality of the "Gestational Age Act" in federal court. The newly-enacted law prohibited abortions after the fifteenth week of pregnancy except in cases of medical emergencies or fetal abnormalities. The U.S. district court granted summary judgment in favor of the plaintiffs, holding that the law was unconstitutional, and put a permanent stop to the law's enforcement. On appeal, the 5th Circuit affirmed the district court's ruling. Click here to learn more about the case's background. On May 17, 2021, the Supreme Court of the United States agreed to hear the case.

On June 24, 2022, in a 5-4 vote, the Supreme Court of the United States found there was no constitutional right to abortion and overruled Roe v. Wade (1973) and Planned Parenthood v. Casey (1992). In a 6-3 ruling, the court upheld Mississippi's abortion law at issue in the case. Roe v. Wade found that state laws criminalizing abortion prior to fetal viability violated the Due Process Clause of the Fourteenth Amendment of the United States Constitution. In Planned Parenthood v. Casey, the Supreme Court reaffirmed the essential holding of Roe v. Wade but rejected the trimester framework established in the case. The high court affirmed that states could not ban abortions before fetal viability.

Roe v. Wade (1973)

In 1973, the Supreme Court of the United States issued its ruling in Roe v. Wade, finding that state laws criminalizing abortion prior to fetal viability violated the Due Process Clause of the Fourteenth Amendment of the United States Constitution. The high court held that states can regulate and/or prohibit abortions (except those to preserve the life or health of the mother) once a fetus reaches the point of viability. Roe v. Wade defined fetal viability as "the interim point at which the fetus becomes 'viable,' that is, potentially able to live outside the mother's womb, albeit with artificial aid." The high court further noted that "viability is usually placed at about seven months (28 weeks) but may occur earlier, even at 24 weeks."

The ruling established a strict trimester framework to guide state abortion policies. States, according to this framework, were prohibited from banning or regulating abortion during the first trimester of pregnancy. During the second trimester, states were permitted to regulate abortion to protect the mother's health. During the third trimester, states were allowed to ban abortion, except in cases where an abortion is needed to preserve the life or health of the mother.

Abortion regulations by state

As of September 4, 2025, 41 states restricted abortions after a certain point in pregnancy. The remaining nine states and Washington, D.C., did not. Of the 41 states with established thresholds for restrictions on abortion:

• Twelve states restrict abortion after conception
• Four states restrict abortion at six weeks post-fertilization
• Two states restrict abortion at 12 weeks post-fertilization
• Zero states restrict abortion at 15 weeks post-fertilization
• One state restricts abortion at 18 weeks since the last menstrual period
• Three states restrict abortion at 20 weeks post-fertilization or 22 weeks after the last menstrual period
• Four states restrict abortion at 24 weeks since the last menstrual period
• Fourteen states restrict abortion at fetal viability
• One state restricts abortion in the third trimester

The maps and table below give more details on state laws restricting abortion based on the stage of pregnancy. Hover over the footnotes in the table for information on legislation pending legal challenges or otherwise not yet in effect.

Some of the terms that are used to describe states' thresholds for abortion restriction include the following:

1. Conception: This threshold prohibits all abortions after conception, although some states provide exceptions if the woman's life or health is threatened.
2. Fetal heartbeat: This threshold restricts abortions after a fetal heartbeat can be detected, which may begin six weeks after the last menstrual period.
3. Fetal viability: In Roe v. Wade, SCOTUS defined fetal viability. The Supreme Court further noted that "viability is usually placed at about seven months (28 weeks) but may occur earlier, even at 24 weeks."
4. Last menstrual period: This threshold marks the beginning of a pregnancy from the first day of a woman's last menstrual period.
5. Post-fertilization: Thresholds using post-fertilization mark the beginning of pregnancy at the time of conception, which can occur up to 24 hours following intercourse. A threshold of 20 weeks post-fertilization is equivalent to 22 weeks since last menstrual period.
6. Post-implantation: Thresholds using post-implantation mark the beginning of pregnancy at the date on which a fertilized egg adheres to the lining of the uterus, roughly five days after fertilization. A threshold of 24 weeks post-implantation is equivalent to 27 weeks since last menstrual period.