HCR 2058 would backtrack on everything Prop 139 established.
Last year, Arizonans passed a constitutional amendment to protect abortion in the state—so why is a local Republican trying to “undo” that amendment in the next election?
Arizona Rep. Rachel Keshel introduced House Concurrent Resolution (HCR) 2058 on Feb. 12. The bill proposes a new ballot measure that would make sweeping changes to Prop 139, which a majority of Arizonans voted to pass in the 2024 election.
Prop 139 amended the Arizona constitution to guarantee the fundamental right to abortion up to fetal viability, or roughly 24 weeks, for every individual. The amendment says that the state government shall not enact, adopt, or enforce any law that denies, restricts or interferes with that right.
Keshel is proposing changing the language of the amendment to essentially flip the meaning of Prop 139.
For example, if the Republican-controlled state government passes HCR 2058, they would have the power to make laws restricting abortion whenever doing so is “rationally related to a legitimate state interest.”
READ MORE: Prop 139 means one of Arizona’s biggest abortion providers is expanding its services
But what counts as a legitimate state interest? HCR 2058 outlines that lawmakers would be able to intercede and regulate abortion if they pass a law that:
- Respects and preserves prenatal life at all stages of developments
- Protects maternal health and safety
- Eliminates “particularly gruesome or barbaric medical procedures”
- “Preserves the integrity of the medical profession”
- Mitigates fetal pain
Basically, HCR 2058 would backtrack on everything Prop 139 established. If it passes the Arizona House and Senate, both of which have a Republican majority, it will not go to Democratic Gov. Katie Hobbs’ desk. It will go straight to the voters as a ballot measure in the 2026 election.
The bill also eliminates every use of the word “individual” in the amendment in favor of the word “woman,” to add culture war as the cherry on top.
Arizona still has a 15-week abortion ban on the books, but health care workers and providers are fighting in court to remove it, citing that a constitutional amendment takes precedence over state law.
As of Feb. 19, the Maricopa County Superior Court has yet to make a ruling.
