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14th Amendment Document With Abortion In Pima
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Multi-State
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Pima
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US-000280
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On November 5, 2024, the voters approved Proposition 139, which establishes a fundamental right to abortion under the Arizona Constitution. The constitutional amendment took effect on November 25, 2024. ingly, Arizonans now have a constitutional right to access abortion care.
The Arizona Abortion Access Act creates a “fundamental right” to receive abortion care up until fetal viability, with exceptions after that to “protect the life or physical or mental health of the pregnant individual.” The Act was officially added to the state's constitution on November 25.
The Fourteenth Amendment only applies to actions by state governments (state actions), not private actions. Consider, for example, Obergefell, which involved the fundamental right to marry. Some state laws interfered with that right.
The Supreme Court, however, beginning as early as 1923 and continuing through its recent decisions, has broadly read the "liberty" guarantee of the Fourteenth Amendment to guarantee a fairly broad right of privacy that has come to encompass decisions about child rearing, procreation, marriage, and termination of ...
In the resulting Supreme Court case, the Court ruled that a woman's decision to have an abortion in the first trimester of pregnancy fell under the right of privacy and thus was protected by the Constitution.
A1: Although the Fourteenth Amendment does not contain the word “privacy” itself, nor does it appear in the rest of the Constitution, U.S. courts have long acknowledged an individual's right to privacy in home and family life. The Supreme Court first recognized a constitutional right to privacy in Griswold v.
As an effect of the unanimity of the states in holding unborn children to be persons under criminal, tort, and property law, the text of the Equal Protection Clause of the Fourteenth Amendment compels federal protection of unborn persons.
In recognizing the right to an abortion under the Ninth Amendment, no such analysis is necessary. The text of the Ninth Amendment allows the U.S. Supreme Court to recognize this protected right without an inquiry into historical tradition.
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