PHOENIX (AP) — Voters in Arizona and Montana can decide in November whether to enshrine the right to abortion in their state constitutions.
The Arizona Supreme Court ruled Tuesday that a 200-word summary used by abortion advocates to collect signatures for a ballot bill is valid, clearing the way for the issue to remain on the ballot.
Montana Secretary of State Christi Jacobsen on Tuesday approved the state’s constitutional initiative for the November ballot.
Under both measures, abortions would be permitted until fetal viability – that is, until a fetus can survive outside the womb, which is usually around 24 weeks.
Arizona has some exceptions for post-viability abortions to save the mother’s life or protect her physical or mental health. Montana’s measure allows later abortions when necessary to protect the mother’s life or health.
Montana’s initiative would enshrine in the Constitution a 1999 ruling by the state Supreme Court that the constitutional right to privacy includes a patient’s right to obtain an abortion from a doctor of her choosing. Supporters sought to protect that right when Republican lawmakers passed legislation restricting abortion rights.
Voters in more than half a dozen states will decide on abortion policies this fall. The U.S. Supreme Court struck down federal abortion rights in a 2022 ruling, sparking a nationwide movement to let voters decide.
“Since Roe was overturned, extreme anti-abortion activists have used every trick in the book to strip away our freedoms and ban abortion entirely,” Martha Fuller, president and CEO of Planned Parenthood of Montana, said in a statement. “During that time, we have worked together to put this issue before voters.”
The Arizona Supreme Court’s latest decisions come ahead of Thursday’s ballot-casting deadline. Montana’s ballots must be certified by Thursday.
In another case involving the abortion vote, Arizona judges last week sided with Republican lawmakers who wanted to allow a voter information pamphlet to refer to an embryo or fetus as an “unborn human being.” That language will not appear on the ballot.
In another case, the justices ruled that a proposed law that would allow local police to make arrests near the border with Mexico should appear on the ballot and be decided by voters. The court had rejected a lawsuit brought by Latino groups that argued that the proposal violated a rule in the state constitution that says proposed laws must cover a single subject.
In the most recent abortion case, Arizona Right to Life filed suit over the petition summary, arguing that it was misleading.
The Supreme Court justices rejected that argument, as well as the claim that the petition summary for the proposed amendment failed to mention that, if passed by voters, it would overturn existing abortion laws. The court notes in its ruling that “reasonable people” may disagree about how best to describe a key provision of a ballot proposal, but a court should not get caught up in such disputes.
“Regardless of the ruling, we look forward to working with our pro-life partners across the state to continue to educate voters about this ambiguous language,” said Susan Haugland, spokeswoman for Arizona Right to Life.
Arizona for Abortion Access, the initiative’s initiator, called the ruling a “major victory” and said its supporters would work around the clock to persuade voters to support the ruling.
“We are confident that Arizona voters will make history this fall by establishing a fundamental right to abortion in our state once and for all,” the group said in a statement.
The Arizona Secretary of State’s office recently certified 577,971 signatures – far more than the number required to put the question before voters.
Since the U.S. Supreme Court overturned Roe v. Wade in 2022, Democrats have made abortion rights a central message – and it is a key part of their efforts in this year’s election.
