Impact of Legislation on Marginalized Communities in Arizona

Arizona is a special place. Where else can someone find 115-degree heat, snow-capped mountains, and a political landscape that swings between "live and let live" and "let's pass a law about it" with breathtaking speed? While the Grand Canyon State is known for its stunning sunsets and questionable driving habits, it's also infamous for legislation that disproportionately affects marginalized communities. While some states have fully embraced abortion bans post-Roe v. Wade, Arizona has taken the scenic route—bouncing between enforcing a near-total abortion ban from 1864 and trying to pretend we live in the 21st century.

A History of Attacks on Reproductive Rights

Arizona's reproductive policies have long been a battleground, and the communities most affected aren't the ones writing the laws. Arizona has never been a champion of reproductive freedom, but things escalated after Dobbs v. Jackson Women's Health Organization (2022) overturned Roe. Suddenly, a Civil War-era abortion ban that criminalized nearly all abortions—except to save the pregnant person's life—was back on the table. (Because nothing says "modern governance" like laws written when women couldn't vote and antibiotics didn't exist.) Though the courts later blocked enforcement of the 1864 ban, a 15-week abortion limit remains in place, with no exceptions for rape or incest. Meanwhile, lawmakers continue to push for tighter restrictions, including bans on abortion medication and increased hurdles for clinics.

Who Gets Hurt the Most?

As usual, abortion bans don't affect everyone equally. Marginalized communities, low-income individuals, people of color, undocumented residents, and those in rural areas bear the brunt of these laws. Wealthy Arizonans can simply book a flight to California or New Mexico for care. But for low-income individuals, who are disproportionately people of color, travel costs, childcare, and time off from work make abortion access nearly impossible. Additionally, many Indigenous Arizonans live on reservations where federal law (Hyde Amendment) already restricts abortion coverage at IHS (Indian Health Service) facilities. That means they must travel off-reservation for care, navigating multiple legal and financial barriers. Further, Arizona is a border state that heavily complicates reproductive care access for undocumented residents who can't safely travel across state lines without risking deportation. Arizona's laws effectively force many into carrying unwanted pregnancies to term. On top of that, because there are only a handful of clinics still operating in Arizona, those who reside outside of Phoenix or Tucson face hundreds of miles of travel to access care–and that's assuming they can afford it. 

How Arizona is Fighting Back 

Despite the grim picture, Arizonans are resilient and aren't sitting quietly. Reproductive rights groups such as Arizona for Abortion Access and Planned Parenthood Arizona are pushing for abortion protections. These grassroots campaigns spearheaded signature drives, educational campaigns, and voter mobilization efforts that were instrumental in creating change. In November 2024, Arizona voters approved Proposition 139, enshrining the right to abortion up to fetal viability into the state constitution. This monumental decision came after a series of legislative and judicial battles that had left abortion rights in a precarious position. The passage of Proposition 139 not only safeguarded reproductive rights but also demonstrated the power of grassroots mobilization in effecting constitutional change. Arizona's journey underscored the profound impact of civic engagement, legal action, and unwavering advocacy in shaping state policies. As of today, the state stands as a testament to the power of collective action in defending and advancing reproductive rights. 

Sources:

Arnold, S. B. (2014, October). Reproductive rights denied: The hyde amendment and access to abortion for Native American women using Indian Health Service Facilities. American journal of public health. https://pmc.ncbi.nlm.nih.gov/articles/PMC4167108/ 

Jones, K. B. (2024, July 26). What to know about abortion access and Arizona’s ballot measure. Center for American Progress. https://www.americanprogress.org/article/what-to-know-about-abortion-access-and-arizonas-ballot-measure/ 

Noel Lyn Smith, N. 21, & Maddy Keyes, N. (2024, January 23). Indigenous people unite to navigate abortion access after roe . The 19th. https://19thnews.org/2023/10/indigenous-people-abortion-access/ 

Reproductive Freedom for all Arizona applauds state Democrats’ attempt to expand abortion access in Arizona. Reproductive Freedom for All. (n.d.). https://reproductivefreedomforall.org/news/reproductive-freedom-for-all-arizona-applauds-state-democrats-attempt-to-expand-abortion-access-in-arizona/ 

Reproductive Health Impact Study: Arizona. Guttmacher Institute. (2024, December 4). https://www.guttmacher.org/fact-sheet/reproductive-health-impact-study-arizona