Arizona genetic abnormality abortion ban ongoing

TUCSON, Ariz. (13 News) – While the 1864 abortion ban has been repealed in Arizona, there’s another abortion ban that is currently the law in the Grand Canyon state.

It bans abortions due to any genetic abnormalities, no matter the stage a woman is at in her pregnancy.

“Arizona, even in the absence of, you know, the 1864 ban, it has very, very strict abortion laws on the books,” said Jessica Sklarsky, senior staff attorney in U.S. litigation, Center for Reproductive Rights.

Arizona passed a law in 2021 banning abortions solely based on the genetic makeup of a fetus or embryo, and the court did not challenge that law.

“That law is fully applicable today and it should be fully applicable moving forward. And that’s a good thing because life is a human right, and every human life is worth protecting,” said Jake warner, senior counsel, Alliance Defending Freedom.

However, the law was passed before Roe v. Wade was overturned, causing pro-choice organizations to challenge the law in court.

“In this case, we do challenge, we refer to it as, as the Reason Scheme because it’s really a whole suite of laws that were intended to make it impossible for somebody who may have, who may have a suspected or diagnosis of a fetal condition, make it impossible for them to obtain abortion care,” Sklarsky said.

Over the past three years, they have continued their fight in the Isaccson v. Mayes case.

There’s been a lot of back and forth, not just due to Roe being overturned, but the 1864 abortion ban taking a front-row seat in the abortion fight.

Attorney General Kris Mayes also said she wouldn’t enforce or defend the law in court, but a few Arizona legislators decided to defend it.

The fight is far from over, and Sklarsky said the Center for Reproductive Rights will continue to fight the case.

“Regardless of the repeal going through the fight is going to continue,” Sklarsky said.

And Warner said the same for the ADF.

“We’re hopeful that the Arizona Supreme Court will allow Arizona law to protect unborn children as much as possible,” Warner said.

If a doctor were to be convicted under the law, they could lose their medical license, be sued by the father for medical damages, and even face jail time.

Sklarsky described the law as quote “unconstitutionally vague.”

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