Arizona’s 1864 abortion ban is officially off the books
PHOENIX — The ban on nearly all abortions, dating back to the Civil War, will be officially repealed on Saturday.
The western swing state has been rocked in recent months, starting with the Arizona Supreme Court’s decision in April to allow the state to uphold a long-dormant 1864 law that criminalized all abortions except when a woman’s life was in danger. State lawmakers then voted on a bill to repeal that law once and for all.
Democratic Governor of Arizona Katie Hobbs signed the bill in May, which stated that the just the beginning of a battle to protect reproductive health care in Arizona.
“I will continue to do everything in my power to protect reproductive freedoms because I trust women to make the decisions that are best for them, and I know that politicians do not belong in the doctor’s waiting room,” Hobbs said in a statement.
Abortion has sharply defined Arizona’s political arena since the U.S. Supreme Court Roe v. Wade Overturned in 2022. As the November general election approaches, the issue remains a focus for Democratic campaigns. It will be up to Arizona voters to decide whether to enshrine abortion rights in the state constitution.
After the state Supreme Court cleared the way for enforcement, Hobbs urged the state Legislature to take immediate action to overturn the ban before it took effect. Republican lawmakers, who hold slim majorities in both chambers, have derailed discussions about repealing the ban. At one point, the blockades provoked chants of “Shame! Shame!” from outraged Democratic colleagues.
Emotions ran high on the House floor and in the gallery as Democrats in the House of Representatives were able get the support by three Republicans to pass the repeal legislation two weeks later and send the measure to the Senate for consideration. Two GOP senators together with Democrats a week later to give final approval.
Democrats were pushing for the repeal long before the Supreme Court’s ruling. Even Hobbs called for action in her State of the State address in January.
The battle in Arizona once again made national headlines as the Democratic state legislature Senator Eva Burch told her fellow lawmakers in a March speech that she would have an abortion because her pregnancy was no longer viable. She said in an interview that it was her chance to emphasize that the laws passed by Arizona lawmakers “actually affect people in practice and not just in theory.”
In the weeks between the Supreme Court ruling and the time Hobbs signed the repeal, Arizonans were left confused about whether the near-total ban would actually go into effect before the repeal was actually implemented.
A court order kept the ban in place, but questions remained about whether doctors in the state could perform the procedure. California Gov. Gavin Newsom weighed in on the issue in late May, signing legislation allowing Arizona doctors to get temporary, emergency licenses to perform abortions in California.
Now that the territorial ban is no longer in effect, Arizona law allows abortions up to 15 weeks. After that, there is an exception to save the life of the mother, but no exceptions for cases of rape or incest after 15 weeks.
Arizona requires that those seeking an abortion before the 15th week must have an ultrasound scan at least 24 hours before the procedure and be given the opportunity to view it. Minors must have parental consent or permission from a state judge, except in cases of incest or when their life is in danger.
Medication for abortion can only be provided by a qualified physician, and only licensed physicians can perform surgical abortions. Abortion providers and clinics must also record and report certain information about the abortions they perform to the Department of Health.
Voters will have the final say in the general election on whether to add abortion rights to the state constitution.
Arizona for Abortion Access, the coalition leading the campaign for the ballot measure, was successful in securing the measure’s place on the ballot. The Arizona Secretary of State verified 577,971 signatures collected as part of the grassroots campaign, well above the required 383,923 from registered voters.
If voters approve the measure, it would allow abortions up to fetal viability — the point at which a fetus can survive outside the womb, usually around 24 weeks. It would also allow abortions after that time in cases where the mother’s physical or mental health is at risk.