1864 near-total abortion ban in Arizona officially repealed

PHOENIX (AZFamily/AP) — Arizona’s Civil War-era abortion ban is officially off the books.

In April, the Arizona Supreme Court decided to let the state enforce the long-dormant 1864 law that criminalized all abortions except when a woman’s life was jeopardized. Then, state lawmakers voted on a bill to repeal that law once and for all.

Democratic Arizona Gov. Katie Hobbs signed the bill in May, declaring it was just the beginning of a fight to protect reproductive health care in Arizona.

“When the Supreme Court reinstated Arizona’s 1864 total abortion ban, I called it a dark day for our state because I knew that ban would strip away our freedoms and endanger the lives of countless women. I saw a world where my daughter had fewer rights than I did at her age. And I committed to not rest until I had repealed the total abortion ban,” Hobbs said in a statement.

Abortion has sharply defined Arizona’s political arena since the U.S. Supreme Court overturned Roe v. Wade in 2022. As the November general election approaches, it will be up to Arizona voters to decide whether to enshrine the right to abortion in the state constitution.

The road to repeal

After the state Supreme Court cleared the way for enforcement, Hobbs urged the state Legislature to take immediate action to undo the ban before it went into effect. Republican lawmakers, who hold a narrow majority in both chambers, derailed discussions about repealing the ban. At one point, the roadblocks resulted in chants of “Shame! Shame!” by outraged Democratic colleagues.

Emotions on the House floor and in the gallery ran high as House Democrats garnered the support of three Republicans to pass the repeal legislation two weeks later, sending it to the Senate for consideration. Two GOP senators joined with Democrats a week later to grant final approval.

The battle in Arizona made national headlines again when Democratic state Sen. Eva Burch told fellow lawmakers in a floor speech in March that she was going to get an abortion because her pregnancy was no longer viable. In an interview, she said it was her chance to highlight that the laws passed by legislators in Arizona “actually do impact people in practice and not just in theory.”

Arizona’s abortion measure, presidential race likely to boost young voter turnout

Current law

With the territorial ban no longer in play, Arizona law 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.

Arizona requires those seeking an abortion before 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.

Abortion medication can only be provided through a qualified physician, and only licensed physicians can perform surgical abortions. Abortion providers and clinics also must record and report certain information about the abortions they perform to the Department of Health Services.

Voters will decide

Voters will have the ultimate say on whether to add the right to an abortion to the state constitution when they cast their ballots in the general election.

Arizona for Abortion Access, the coalition leading the ballot measure campaign, was successful in securing the measure’s spot on the ballot. The Arizona Secretary of State verified that 577,971 signatures were collected as part of the citizen-led campaign, 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 could 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.

See a spelling or grammatical error in our story? Please click here to report it.

Do you have a photo or video of a breaking news story? Send it to us here with a brief description.

Copyright 2024 KTVK/KPHO. All rights reserved.