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Arizona’s repeal of 1864 ban on nearly all abortions goes into effect

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Arizona’s repeal of 1864 ban on nearly all abortions goes into effect

Arizona’s Civil War-era ban on nearly all abortions is officially being repealed on Saturday.

The long-dormant 1864 law, which predated Arizona’s statehood, had no exceptions for rape and incest, only for the life of the mother. 

The 160-year-old law went into effect after the repeal of Roe vs. Wade in 2022 but faced court challenges which prevented it from being enforced. 

WHAT TO KNOW ABOUT THE ARIZONA SUPREME COURT’S REINSTATEMENT OF AN 1864 NEAR-TOTAL ABORTION BAN

Arizona Gov. Katie Hobbs signs a bill repealing the state’s near total abortion ban that dates to 1864 during a news conference at the Governor’s Office on May 2, 2024. (Rob Schumacher/The Republic/USA TODAY NETWORK)

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The ban was held up by the Arizona Supreme Court in April, throwing out an earlier lower-court decision that concluded doctors couldn’t be charged for performing abortions in the first 15 weeks of pregnancy.

But the decision sparked backlash in the battleground Grand Canyon State, with Democratic Arizona Gov. Katie Hobbs calling on the state legislature to repeal the ban.

Republicans hold a narrow majority in both chambers, but House Democrats were then able to garner the support of three Republicans to pass the repeal legislation in April following two previous attempts, sending the measure to the Senate for consideration. Two GOP senators joined with Democrats a week later to grant final approval and then Hobbs signed the bill in May, declaring it was just the beginning of a fight to protect reproductive health care in Arizona.

“I will continue doing everything in my power to protect reproductive freedoms, because I trust women to make the decisions that are best for them, and know politicians do not belong in the doctor’s office,” Hobbs said in a statement.

Pro-life supporters protest a vote repealing an 1864 abortion ban

Pro-life advocates demonstrate prior to an Arizona House of Representatives session at the Arizona State Capitol on April 17, 2024, in Phoenix, Arizona. (Rebecca Noble/Getty Images)

Arizona House Speaker Ben Toma, a Republican, said at the time that he was “deeply disappointed” by the bill’s passing. 

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“We should not have rushed this bill through the legislative process,” he said in a statement shared with Fox News Digital. “The pre-Roe law has been on the books for decades and was readopted in 1977 by Democrats and Republicans in the State Legislature and signed by Democrat Gov. Raul Castro. 

ARIZONA HOUSE LAWMAKERS PASS BILL TO REPEAL 1864 ABORTION BAN

“It would have been prudent and responsible to allow the courts to decide the constitutionality of the pre-Roe law. Instead, we are rushing to judgment for reasons I simply cannot understand.”

The state’s internal tussle over the issue was thrust into the national spotlight in March when Arizona state Sen. Eva Burch announced on the state Senate floor that she planned to have an abortion after learning that her pregnancy was not viable.

Arizona law now allows abortions until 15 weeks. After that, there is an exception to save the life of the mother, but missing are exceptions for cases of rape or incest after the 15-week mark.

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The state requires those seeking an abortion prior to the 15-week mark to have an ultrasound at least 24 hours before the procedure and to be given the opportunity to view it. Minors must have either parental consent or authorization from a state judge, except in cases of incest or when their life is at risk.

Lawmakers embrace in Arizona in repealing 1864 abortion ban

Arizona state Rep. Stephanie Stahl Hamilton hugs state Sen. Anna Hernandez (right) after Arizona Gov. Katie Hobbs signed a bill repealing the state’s near total abortion ban that dates to 1864 during a news conference at the Governor’s Office on May 2, 2024. (Rob Schumacher/The Republic/USA TODAY NETWORK)

Voters will decide on whether to add the right to abortion to the state constitution when they have their say on Proposition 139 in the general election.

The measure secured a spot on the ballot after the pro-abortion group Arizona for Abortion Access, secured nearly 578,000 signatures, well over the 383,923 required from registered voters.

If voters approve the measure, abortions would be allowed until fetal viability — the point at which a fetus can survive outside the womb, typically around 24 weeks. It also would allow abortions after that time in cases where the mother’s physical or mental health is in jeopardy.

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The Associated Press contributed to this report. 

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Southwest

Texas man convicted after saying he mutilated victims, ate human heart as part of 'ritualistic sacrifices'

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Texas man convicted after saying he mutilated victims, ate human heart as part of 'ritualistic sacrifices'

A Texas man was convicted of killing three people, dismembering them and burning their bodies after admitting to investigators that he was called to “commit sacrifices.”

Jason Thornburg was found guilty of capital murder on Wednesday and now, the same Tarrant County jury that convicted him must determine whether he receives a death sentence or if he will spend the rest of his life in prison without the possibility of parole, according to Fox 4.

In September 2021, Thornburg killed three people, dismembered their bodies and stored them under his bed at a motel in Euless, Texas, before lighting the bodies on fire inside a dumpster in Fort Worth.

TEXAS LAWMAKER PROPOSES BILL TO ABOLISH DEATH PENALTY IN LONE STAR STATE: ‘I THINK SENTIMENT IS CHANGING’

Jason Thornburg (Tarrant County Jail)

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Thornburg confessed to investigators that he felt a compulsion to commit “ritualistic sacrifices” and that he ate a victim’s heart and other parts of the victims’ bodies.

His attorneys argued he was insane when he carried out the murders and suffered from a severe mental disease.

ELDERLY MAN ACCUSED OF ROOMMATE AND DOG’S ‘BRUTAL’ MURDER HAD EXTENSIVE CRIMINAL RECORD

Jail

Thornburg confessed to investigators that he was being called to “commit sacrifices” and that he ate a victim’s heart and other parts of the victims’ bodies. (iStock)

When he was arrested on murder allegations, Thornburg confessed to police he killed his roommate in May 2021 during a suspicious home explosion and his girlfriend in Arizona back in 2017.

These two previous murders were brought up in court on Thursday when the punishment aspect of the trial began.

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Handcuffs on man

The jury must now determine whether he receives a death sentence or if he will spend the rest of his life in prison without the possibility of parole. (iStock)

The victims’ families cannot speak publicly until the punishment phase is finished.

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Los Angeles, Ca

Vehicle, 2 occupants plunge into crowded Southern California harbor

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Vehicle, 2 occupants plunge into crowded Southern California harbor

Two people were taken to the hospital after a vehicle they were inside plunged into the harbor Sunday night in Marina Del Rey, officials confirmed to KTLA.  

Details are limited and It’s unclear exactly how the incident occurred, but authorities with the Los Angeles County Fire Department responded to 4675 Admiralty Way just after 6 p.m. on reports of the vehicle in the water.  

L.A. County Fire Department Public Information Officer Marco Rodriguez said the two occupants were able to get themselves out of the vehicle after it went into the water.  

Both were examined by medical personnel with the fire department and taken to a nearby hospital in unknown condition.  

Rodriguez said that two L.A. County Lifeguard divers were deployed to ensure there were no other occupants trapped in the vehicle.  

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  • Car into Marina del Rey harbor
  • Car into Marina del Rey harbor
  • Car into Marina del Rey harbor
  • Car into Marina del Rey harbor
  • Car into Marina del Rey harbor
  • Car into Marina del Rey harbor
  • Car into Marina del Rey harbor

A witness, Johnny Hamcheck, told KTLA that a third person, a woman, exited the vehicle before it went into water, though officials did not confirm that detail.  

Footage of the recovery effort showed crews attaching large yellow floating devices to the vehicle as it was anchored to a crane and eventually pulled out of the water and loaded onto a tow truck.  

The vehicle showed heavy front-end damage, presumably from crashing through the steel railing and into the water.  

An investigation into the crash is ongoing and no further details were provided.  

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Southwest

24 states' attorneys general call on Supreme Court to keep biological boys out of girls sports

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24 states' attorneys general call on Supreme Court to keep biological boys out of girls sports

Attorneys general from 24 states are urging the U.S. Supreme Court to overturn a lower court ruling and uphold an Arizona law to prohibit biological boys from competing on girls’ sports teams.

The petition comes after a federal appeals court ruled that the law likely violates the Equal Protection Clause of the Constitution.

“Sports teams are divided by sex to begin with to give girls a level playing field so they’re not competing against boys,” South Carolina Attorney General Alan Wilson said in a news release. “Arizona’s law restricting girls’ sports teams to biological females is just common sense, and it protects girls from competing against bigger, stronger males who identify as females.”

FEDERAL JUDGE PUSHES BACK ON PARENTS CALLING TRANS ATHLETE ‘A BOY’ IN LEGAL BATTLE OVER PRO-GIRLS PROTESTS

Alan Wilson (Getty Images)

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In addition to Wilson, the attorneys general supporting the petition are those from Alabama, Alaska, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Oklahoma, South Dakota, Tennessee, Texas, Utah, Virginia and Wyoming.

The petition notes that these states have laws similar to Arizona’s that restrict girls’ sports to biological females.

It also argues that the Equal Protection Clause does not prohibit states from offering separate sports teams for men, women, boys and girls.

GIRLS CATHOLIC SCHOOL VOLLEYBALL TEAM COULD FACE PENALTY AFTER FANS BOO TRANS ATHLETE ON PUBLIC SCHOOL TEAM

Supreme Court building

The U.S. Supreme Court in Washington, D.C., on Tuesday, Feb. 28, 2023. (Valerie Plesch/Bloomberg via Getty Images)

“In sports, equal access means a level playing field,” the attorneys general write in their brief. “And a level playing field usually means sports teams divided by sex so that girls can compete against other girls.”

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“Basing the distinction on biology rather than gender identity makes sense because it is the differences in biology—not gender identity—that call for separate teams in the first place: Whatever their gender identity, biological males are, on average, stronger and faster than biological females. If those average physical differences did not matter, there would be no need to segregate sports teams at all,” they continued.

Transgender pride flag

The petition argues that the Equal Protection Clause does not prohibit states from offering separate sports teams for men, women, boys and girls. (ALLISON DINNER/AFP via Getty Images)

The attorneys general are asking the high court to “make it clear that the Constitution does not prohibit states from saving women’s sports from unfair competition and providing meaningful athletic opportunities for girls and women,” according to Wilson’s news release.

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