After Roe Fell: U.S. Abortion Laws by State

Protected

Arizona

the Arizona pre-Roe ban has been repealed. In 2024, voters approved an amendment to the Arizona Constitution that protects abortion rights and, as a result of litigation, the fifteen week ban is not in effect.

State Legal Details

Bans in Effect

  • Gestational Ban, Viability
  • Method Ban
  • Reason Ban
  • Telemedicine Ban

Bans Enjoined

  • Gestational Ban, 15-week LMP
  • Gestational Ban, 20-week LMP

Restrictions in Effect

  • Biased Counseling Requirement
  • Mandatory Ultrasound Requirement
  • Parental Involvement, Parental Consent Requirement
  • TRAP Requirements: Facilities, Facility Requirements
  • TRAP requirements: Providers, Admitting Privilege Requirement
  • TRAP requirements: Providers, Reporting Requirement
  • Waiting Period Requirement

Restrictions

Arizona bans abortion at fifteen weeks.1 However, the ban is currently being challenged as unconstitutional due to the state’s constitutional amendment.2 Arizona’s Attorney General entered into a stipulation agreement to not enforce the ban.3 On March 4, 2025, a state superior court held that the fifteen-week ban is unconstitutional permanently enjoined the law. 4

The state retains a ban at twenty weeks gestational age, which is permanently enjoined,5 and after viability.6 It also prohibits D&X procedures,7 and abortions sought for reasons of race, sex, or “genetic abnormality”.8 A federal court had granted a preliminary injunction against the “genetic abnormality” ban,9 but this injunction was vacated on June 30, 2022.10 An appeal regarding this reason ban is currently pending before the U.S. Court of Appeals for the Ninth Circuit.11 A law that grants “personhood” to fetuses, embryos, and fertilized eggs is temporarily enjoined.12 Arizona law continues to include requirements that pregnant people must undergo a mandatory twenty-four-hour waiting period, biased counseling, and an ultrasound,13 and prohibitions on public funding14 and private insurance coverage.15 It continues to require that a parent, legal guardian,16 or judge17 consent to a minor’s abortion.

Arizona retains targeted regulation of abortion providers (TRAP) laws including requirements related to facilities,18 admitting privileges,19 and reporting.20 Arizona law continues to restrict the provision of surgical abortion care to licensed physicians.21 Arizona still restricts providers from using telemedicine for the provision of abortion care.22 Providers who violate Arizona’s abortion restrictions may face civil and criminal penalties.23

State Protections

On November 5, 2024, voters in Arizona approved Proposition 139, a constitutional amendment to protect abortion access up to viability.24The amendment states that “every individual has a fundamental right to abortion” and prohibits the state from restricting abortion access before viability or after viability if “in the good faith judgment of a treating health care professional, [abortion care] is necessary to protect the life or physical or mental health of the pregnant individual.25

In June 2023 the Arizona governor issued an executive order that centralizes authority over abortion-related prosecutions under the Attorney General, prohibits state agencies cooperation with out-of-state investigations and legal actions (including extradition) arising from the lawful provision of abortion in Arizona, and establishes the Advisory Council on Protecting Reproductive Freedom to make recommendations to expand access to reproductive health care in Arizona.26

Post-Roe Prohibitions

In April 2024 the Arizona Supreme Court ruled that the state’s pre-Roe ban is enforceable,27 however, the ban was repealed in May 202428 and the repeal was effective in September 2024.29 The pre-Roe ban prohibited almost all abortions with a very limited life exception. 30 Arizona repealed its law criminalizing people who self-manage their abortions in 2021.31 However, the state retains a pre-Roe ban on abortion advertising.32

Conclusion

Now that the Supreme Court has overturned Roe, the Arizona pre-Roe ban has been repealed. As a result of an amendment to the Arizona Constitution that protects abortion rights, and the state’s fifteen week ban is not enjoined.

  1. Ariz. Rev. Stat. u00a7u00a7 36-2322, 36-2326. ↩︎
  2. Reuss v. Arizona, No. CV 2024-034624 (D. Ariz. Dec. 3, 2024) (order requesting injunctive and declaratory relief) ↩︎
  3. Reuss v. Arizona, No. CV 2024-034624, Stipulation of Non-Enforcement (D. Ariz. Dec. 3, 2024) (stipulating that the 15-week ban is unconstitutional and that the state will not enforce the ban until 30 days after final resolution of the litigation) ↩︎
  4. Reuss et al. v. Arizona, No. CV2024-034624 (Ariz. Sup. Ct. Mar. 4,2025). ↩︎
  5. ARIZ. REV. STAT. u00a7 36-2159; Isaacson v. Horne, 716 F.3d 1213 (9th Cir. 2013). ↩︎
  6. ARIZ. REV. STAT. u00a7 36-2301.01. ↩︎
  7. Id. u00a7 13-3603.01. ↩︎
  8. Id. u00a7 13-3603.02(A). ↩︎
  9. Isaacson v. Brnovich, No. 2:21-cv-01417 (D. Ariz. Aug. 17, 2021) (order granting partial preliminary injunction). ↩︎
  10. Isaacson v. Brnovich, No. 21-16645, No. 21-16711 (9th Cir., Jun. 30, 2022) (vacating District Court order and remanding the case for further proceedings in light of Dobbs). ↩︎
  11. Isaacson v. Brnovich, No. 21-16645, No. 21-16711 (9th Cir., Nov. 26, 2021). ↩︎
  12. Id. u00a7 1-219; Isaacson v. Brnovich, No. 2:21-cv-01417 (D. Ariz. Jul. 11, 2022) (order granting preliminary injunction). ↩︎
  13. ARIZ. REV. STAT. u00a7 36-2153; id. u00a7 36-2156. ↩︎
  14. Id. u00a7 35-196.02. ↩︎
  15. Id. u00a7 20-121. ↩︎
  16. Id. u00a7 36-2152(A). ↩︎
  17. Id. u00a7 36-2152(B). ↩︎
  18. Id. u00a7 36-449.02; id. u00a7 36-449.03; ARIZ. ADMIN. CODE u00a7 R9-10-1513; id. u00a7u00a0R9-10-1515. ↩︎
  19. ARIZ. REV. STAT. u00a7 36-449.03 (C)(3)(a)-(b); ARIZ. ADMIN. CODE u00a7 R9-10-1501(1); id. u00a7 R9-10-1507(B)(2)-(3). ↩︎
  20. ARIZ. REV. STAT. u00a7 36-449.03(H); id. u00a7 36-2161; id. u00a7 36-2162; Ariz. Admin. Code u00a7 R9-10-1505(A). ↩︎
  21. Ariz. Rev. Stat. u00a7 36-2155; id. u00a7 36-2153(E); id. u00a7 32-2531(B). ↩︎
  22. Id. u00a7 36-3604. ↩︎
  23. See, e.g., ARIZ. REV. STAT. u00a7 13-3605; id. u00a7 36-2156(B)-(D); id. u00a7 36-2152(I)-(J); id. u00a7 13-3603.02. ↩︎
  24. Stacy Barchenger, Proposition 139: Arizona voters enshrine abortion access in state constitution, Arizona Republic (Nov. 5, 2024). ↩︎
  25. Az. Const. art. II, u00a7 8.1 ↩︎
  26. A.Z. Exec. Order, No. 2023-11 (June 22, 2023), https://azgovernor.gov/sites/default/files/executive_order_2023_11.pdf. ↩︎
  27. Planned Parenthood v. Mayes, No. CV-23-0005-PR (Ariz. Apr. 9, 2024). ↩︎
  28. H.B. 2677, 56th Leg., 1st Reg. Sess. (Az 2024) (repealing Ariz. Rev. Stat. u00a7u00a7 13-3603, 13-3605 (formerly u00a7u00a7 13-211, 13-213 (1956))). ↩︎
  29. Attu2019y Gen. Kris Mayes, Arizona Abortion Laws, https://www.azag.gov/issues/reproductive-rights/laws. ↩︎
  30. Ariz. Rev. Stat. u00a7u00a7 13-3603, 13-3605 (formerly u00a7u00a7 13-211, 13-213 (1956)) enjoined by Nelson v. Planned Parenthood Center of Tucson, 19 Ariz. App. 142, 505 P.2d 580 (1973), revu2019d Planned Parenthood v. Brnovich, No. C127867 (Az. Super. Ct. Sept. 22, 2022), appeal filed, Planned Parenthood v. Brnovich, 2 CA-CV 2022-0116 (Ariz. Ct. App. Oct. 7, 2022) (injunction granted). ↩︎
  31. Id. u00a7 13-3604, repealed by 2021 Ariz. Sess. Laws Ch. 286, u00a7 3. ↩︎
  32. Id at u00a7 13-3605 (formerly u00a713-213 (1956). ↩︎